Gay Marriage – and Divorce
69Civil Partnership Agreements and Dissolutions in the UK
With the recent news of the break-up of comedian Matt Lucas and his partner Kevin McGee, dissolutions of civil partnership agreements are in the headlines. Lucas and McGee wed in a civil ceremony in Britain in 2006, but have since grown apart. Theirs is the first high-profile same sex marriage in Britain to break up, and it is likely to receive a lot of attention - as will civil partnership agreements and dissolutions in general.
Civil Partnership Agreements
Facts About Civil Partnerships in the UK
The Civil Partnership Act 2004 came into effect in the UK on the 5th December 2004. It allows same sex couples to enter into a legal partnership, affording them many of the same rights as heterosexual married couples. As with traditional marriage in Britain, both parties must be over the age of 16 to enter into a civil partnership, and must receive their parents' consent if they are younger than 18. Close blood relatives are not eligible, and a person cannot register a civil partnership if they are already married or in an existing civil partnership.
A civil ceremony can take place in a register office or an approved premises, where both parties must sign a document called a civil partnership schedule in the presence of a registrar and two witnesses. A civil partnership offers couples many of the same financial benefits as married couples of opposite sex, including benefits for tax, national insurance, and pensions. It also offers partners the rights to parental responsibility for their partner's children, ‘next of kin' rights in the event of illness or injury, and recognition in immigration cases.
Civil Partnership Dissolution
Sadly, as with heterosexual marriages, not all civil partnerships last, and couples may eventually seek a dissolution of the agreement. If a couple does decide to dissolve their civil partnership agreement, the law governing this is very similar to the law relating to divorce.
The couple must have been in a registered civil partnership for 12 months to obtain a dissolution. Otherwise they would need to apply for a separation order. The partner who is applying for the dissolution must complete a petition, explaining the reasons for ending the civil partnership. There are four main grounds for dissolving a civil partnership:-
- If the couple have lived apart for at least two years and both agree to the dissolution
- If the couple have lived apart for five years or more, in which case the respondent partner's agreement is not required
- If one partner has deserted the other for at least two years, in which case their agreement to the dissolution is not required
- If a partner has behaved in an unreasonable manner which the petitioner cannot be expected to live with.
As with any divorce, the court must then decide on a fair division of the couple's assets. This decision will be based on a number of factors, including the overall length of the civil partnership, the age of each partner, and each partner's financial position. If there are children involved, provision will be made for them.
It is sad and stressful when any long-term relationship ends, and it is always preferable if a couple can come to an amicable agreement to avoid a protracted legal battle. The decision to enter into a marriage or civil partnership is a big one, and should be considered carefully, taking the needs and feelings of both parties and any children into account.
More Hubs on Gay Marriage
- Gay Marriage: Why the Hate?
that one girl looks at current attitudes towards same-sex marriages. - The Politics Behind Gay Marriage
Whitney05 examines the opinions of politicians on the subject of gay marriage. - Gay Marriage: Should it Be Legal?
AdsenseStrategies discusses the law on same-sex marriages.
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Comments
I read an interesting and sad news article a few weeks ago about a gay couple who had been married in Massachusetts. After being married for several years (having moved to New York after the wedding), they realized that it simply wasn't working, and went to obtain a divorce.
Unfortunately, since New York doesn't recognize their marriage, they can't dissolve it. And in order to dissolve it at all, they apparently have to move back to MA, live there for 1 year to establish residency, and then will be able to attain the divorce.
Our country really needs to clean up its act and start treating everyone fairly and decently.
The US is far ahead than a lot of us, so take heart from that. A lot of Indians still ignore that homosexuality even exists. In fact theres something in our constitution that I am extremely ashamed of, which makes homosexuality illegal. Marriage is a world and a half away, for us. But gay movements are beginning, and there have been some pride parades in recent times. Nobody really is prosecuted for being gay, but it's still highly frowned upon, here.
Informative hub. (Y)
how do you dissolve a gay marriage? need proper paperwork sent to me please:
Annevia Thompson 19489047 MDC LA 9N pobox 1500 la,ca 90053
@Kristy, This Hub is focused on gay marriage and divorce in the UK, but hopefully you can find some answers here: http://www.divorcemediators.us/
I hope this is of help to you.














C.S.Alexis says:
17 months ago
The USA is behind the times on this situation. It is truly unfair not to have the same considerations in such a relationship as there is with heterosexual marriage. I am all for it. I have many friends who could be in a more securer financial situation, if they had equal rights. Thank you for this informative hub. C.S.Alexis