Same sex relationships & civil partnership solicitors
Our expert family law solicitors support couples and individuals in same-sex relationships and civil partnerships with clear, compassionate legal advice tailored to support their rights.
Specialist advice for same-sex couples and civil partners on relationship breakdown, financial matters and protecting your future.
Same-sex couples and those in civil partnerships have many of the same legal rights as married couples, but there are still important differences that can affect finances, children, and separation.
Whether you are entering into a civil partnership, planning to start a family, or facing the end of a relationship, our experienced family law solicitors are here to help.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- With the support of our in-house mediator, we help clients find constructive solutions wherever possible, reducing conflict, minimising costs and avoiding the stress of court proceedings.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
Our same sex and civil partnership legal services
Our specialist family law team provides extensive legal support for all aspects of civil partnerships and same-sex marriages, including:
Drafting pre-civil partnership agreements to organise finances during the partnership and to outline division of assets if the relationship ends.
Drafting up cohabitation agreements, pre-nuptial or post-nuptial agreements.
Guiding clients through civil partnership dissolution or divorce.
Handling financial aspects of a dissolution or divorce, including dividing assets and resolving disputes.
Providing support with children, such as child arrangements and financial orders.
Same sex and civil partnership FAQs
What is the difference between civil partnership and marriage?
Same-sex marriage and civil partnership offer almost identical legal rights in the UK, particularly in areas like tax, pensions, inheritance, and parental responsibility. However, there are a few legal distinctions to be aware of:
Ending the relationship: Same-sex marriages end through divorce, while civil partnerships are dissolved. Both follow the same no-fault process, but use different legal terminology.
International recognition: Marriage is more widely recognised across the world than civil partnership, which may impact legal rights abroad, such as for immigration or inheritance purposes.
Religious element: Same-sex marriages can be conducted in religious settings where permitted, while civil partnerships are strictly civil, with no religious content allowed during the legal process.
What legal rights do I have in a civil partnership or marriage?
Children and adoption
Same-sex marriages and civil partnerships grant equal legal rights regarding children, including parental responsibility, adoption rights, and guardianship, ensuring both partners have the same protections and responsibilities as opposite-sex couples.
Two civil partners or couples living together can jointly adopt a child. If you wish to legally adopt your partner’s child, the process is simpler if you are in a civil partnership, as it usually does not require an agency, provided you have lived with the child for at least six months. For couples not in a civil partnership, the adoption process is generally longer and more complex.
Ending a relationship
Ending a same-sex marriage is done through a divorce, while ending a civil partnership requires a dissolution. Both processes involve similar legal steps, including the option of no-fault grounds, but differ in terminology and certain legal nuances, such as the treatment of adultery.
Finances
In the UK, same-sex marriages and civil partnerships offer largely the same legal protections when it comes to finances. It is important to understand the financial consequences both at the outset of a relationship, prior to entering into a marriage or civil partnership and in the event of separation. Proactive agreements are highly effective in all scenarios.
Death and inheritance
Both spouses and civil partners are automatically entitled to inherit from each other without paying inheritance tax, even if there is no will in place. They also have the right to make decisions regarding their partner’s estate and funeral arrangements. However, it is still important to have a valid will to ensure your wishes are followed and to avoid potential disputes. While the legal protections are nearly identical, same-sex marriages may offer broader recognition internationally compared to civil partnerships.
What is a pre-civil partnership agreement?
A pre-civil partnership agreement is a legal contract made between two people before they enter into a civil partnership. It sets out how assets, finances, and other matters will be handled during the partnership and in the event that the relationship ends.
Our civil partnership solicitors can help draft the agreement to help clarify each partner’s rights and responsibilities, providing protection and reducing the risk of disputes in the future.
Can I convert my civil partnership into a marriage?
Yes, it is possible for a same-sex couple to convert a civil partnership into a marriage. In the UK, this process is called a “conversion” and allows civil partners to change their legal status to married spouses without having to dissolve the partnership first. The conversion can be done through a simple legal procedure which our solicitors can help you with. This process is only available to same-sex couples and is not available to opposite couples who have entered into a civil partnership.
What grounds for ending a civil partnership are accepted?
In the UK, a civil partnership can be ended through a legal process called dissolution. The grounds for dissolution are similar to those for divorce and are now based on the ‘no fault’ regime, meaning it is only necessary for the relationship to have broken down irretrievably.
How are finances and property handled if a civil partnership or same sex marriage ends?
If the relationship ends, the division of finances and property follows similar legal principles as in opposite-sex marriages. The court aims for a fair and equitable distribution, considering factors such as the length of the partnership, each partner’s financial contributions, needs, and any children involved. Pre-nuptial or pre-civil partnership agreements can also influence how assets are divided. Our solicitors can help you understand your rights, negotiate settlements, and ensure a fair outcome tailored to your circumstances.
What legal rights do I have if I’m in a same-sex relationship but not the biological parent of my child?
If you are in a same-sex relationship and not the biological parent of your child, your legal rights depend on your relationship status and whether you have taken specific legal steps. In a civil partnership or marriage, you usually have automatic parental responsibility for children born or adopted during the relationship. If you are not married or in a civil partnership, you may need to acquire parental responsibility through a formal agreement with the biological parent or by applying to the court.
Contact us
If you would like advice about a personal or family matter, please complete the form and one of our specialists will be in touch as soon as possible.
Please note we do not offer legal aid.
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Why use our civil partnership solicitors?
Proactive advice, constructive family law solutions
We take a proactive approach to family law, helping clients put measures in place to protect their future, such as cohabitation agreements and nuptial agreements. Where disputes do arise, we focus on resolving matters constructively through negotiation, mediation and alternative dispute resolution wherever possible.
Trusted, specialist advice you can rely on
We provide expert family law advice backed by professional regulation and years of experience, ensuring agreements and legal documents are carefully prepared to provide you with confidence and clarity for the future.
We are a leading full-service law firm
Boyes Turner is recognised as a leading law firm by Chambers UK and The Legal 500. As a full-service firm, we can draw on the expertise of our other specialist teams such as private wealth, corporate, dispute resolution and property to provide seamless support whenever you need it. We also work closely with other professional services that may be beneficial to you, such as counselling, financial advice and coaching, to ensure you have the full support you require.
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