What rights apply to civil partnerships?

The legal rights conferred by the Civil Partnership Act 2004 include the right to be recognised as a next of kin for the purpose of the intestacy rules. Previously, if a same-sex partner died intestate, the remaining partner was not entitled to any part of the deceased’s estate under the intestacy rules. In addition, the right of next of kin applies in relation to hospital visiting rights and the release of medical information. Civil partners also have the right to access for compensation for fatal accidents. This brings the benefits of civil partnerships regarding property law in particular in line with married couples. Legal advice should still be taken to ensure the wills of people in civil partnerships are completely properly, and so can be enforced by the law.

Civil partners have the right to inherit tenancy agreements. They also have the right to the employment benefits, tax credit, child support and other income benefits that are available to married couples. A family lawyer can explain how the law now operates in respect to these aspects of a couples’ life.

The tax rules that apply to married couples, including the inheritance tax rules, now apply to civil partnerships. In addition, they have the right to not testify against each other in a court of law which was a right previously restricted to married couples. Civil partners also are entitled to protection from domestic violence. Family law is now almost universally applicable to married and same-sex couples.

A spouse is entitled to apply for a parental responsibility order form the court in respect of their spouse’s children from another relationship. A parental responsibility order is an order that allows the holder to make important decisions about a child’s life including their schooling, religious upbringing and medical treatment.

The Civil Partnership Act 2004 gives civil partners the right to apply for a parental responsibility order. Family solicitors can be of great assistance when making these applications to the court. In addition to granting rights, the Civil Partnership Act also confers the responsibilities of a married couple onto civil partners. This includes the duty to maintain, or provide child support for, the children from the relationship or the children for which a civil partner has parental responsibility. Solicitors should be contacted to ensure these responsibilities are clear in the event of a partnership breaking down.

Other legal responsibilities of civil partners include the maintenance of a civil partner and the possibility of providing maintenance after the dissolution of the civil partnership, which is the equivalent of a divorce. In these situations the advice of family law solicitors is vital to obtain as soon as possible.

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