Question: I read your article recently about the Civil Partnership Bill. My partner and I would like to get married but we cannot do so because of difficulties with a foreign divorce. Ideally we would like to enter into a Civil Partnership Agreement so that we can agree what is to happen after we die. We both have children from previous relationships and our intention is that each of us will leave our assets to our own children.
Answer: While the proposed Civil Partnership Bill aims to bring more certainty into long-term relationships, the right to form a Civil Partnership will only apply to same sex couples. It is perhaps somewhat ironic that you are effectively forming a family unit yet same sex couples who become Civil Partners will have rights which are similar to those of married people.
What the Bill attempts to do is establish a redress scheme for cohabitants which may be activated at the end of a relationship whether by break up or death. It will allow a financially dependent cohabitant to apply for provision from the Estate of a deceased cohabitant and one possible side effect is that it will be more difficult for cohabitants to plan their succession with any certainty. One could certainly think of examples of someone making a Will who does not appreciate that the person with whom he / she is co-habiting may well have rights over his / her Estate.
The Bill as drafted does allow parties to enter into cohabitant agreements which regulate their financial affairs and which will allow couples to opt out of the application to them of the redress scheme under the Bill. This is something that you may well have to consider in the future with your partner. In order to leave property to children you will of course have to make appropriate Wills but it may also be necessary for each of you to agree not to make any claim against each other’s Estate.
It should be noted that the Minister has also recently proposed to extend the time period to qualify as a cohabitant from three years to five years. Given that this part of the Bill is only really getting the attention it deserves now, there may well be further changes before the legislation is finally enacted.
The information contained in this article is for general information purposes only and does not constitute legal or other professional advice. Specific legal advice should be sought on any particular matter.
