COHABITEES AND SAME SEX COUPLES

Since 4th May 2006, cohabitees (both opposite and same sex) have enjoyed some, but not all, of the rights which are accorded to married and civil partners. For example, cohabitees now have equal rights in household goods acquired during the period of cohabitation and can claim a financial settlement when the relationship comes to an end. They also have limited rights on succession where their partner dies without leaving a will.

The rights of same sex couples are set out in the Civil Partnership Act 2004. This Act puts civil partners in a similar position to married couples. For example, civil partnerships can be dissolved, in the same way as a married couple can be divorced. Civil partners have similar succession rights to married couples, and similar rights to financial provision on dissolution – see Sharing the Matrimonial Property. Civil partners can enter into separation agreements in the same way as married couples – see Separation and can attempt to resolve their differences, using mediation and collaborative family law. Much of the information on this site relating to married couples will also be relevant to civil partners. However, there are differences, and you should contact us to get specific advice on your own situation.

The legal information contained in this site is not comprehensive, nor should it be treated as a substitute for specific legal advice on any individual situation