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Civil Partnership Pros And Cons

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The Civil Partnership and Certain Rights and Obligation of Co-Habitants Act 2010 came into force on the 1st of January 2011. This Act allowed for the registration of same sex couples in civil partnership, it laid down the requirements for a partnership it also set down the ways for dissolution, maintenance and succession rights. There was also a redress scheme put in place for co-habitees. In order to critique these rights it is necessary to compare and contrast those rights with the marital couple. Even though it is one act it covers two different groups of individuals.

Taking the civil partnership first, the act sets down who may enter into it. Like those entering a marriage they must fulfill certain requirements They are as follows: …show more content…

Under the 2010 Act they are offered a redress scheme based on need which is inferior to the marital couple or even the civil partnership. To qualify for this scheme the couple must meet certain criteria which is laid down in the Act of 2010, they are not related to each other, may be of the same or opposite sex, not married to each other or not civil partners and have been living together as a couple for two or more years if they are parents of a dependent child, or five years if there are no dependent children. There is a requirement for there to be a commitment to the relationship such as buying a house together, having a child, or moving in together. The must be living together on a continual basis as if they were husband and wife. The rights under this Act are not automatic unlike those of a married couple which are automatic no matter how long the couple are married. The dependent partner must prove financial dependency unlike the spouse of a marriage they are entitled to proper provision. The co-habiting partner must be able to show that they have been dependent on the other partner for the previous twelve months immediately prior to their application. The court must think it is just and equitable to make orders of financial support. The court will take a number factors into account such as the financial circumstances and needs and obligations of each of the qualifying co-habitant now and which may arise sometime in the future. How long the relationship has lasted the degree of commitment. If one of the partners earning capacity was reduced by the relationship. The rights of dependent children of the relationship or any previous relationship. Also the rights of a spouse or former spouse or civil partner or former civil partner. The court may make maintenance orders and can make orders in relation to the property of the co-habiting couple. The court can if necessary give an order for the attachment of earnings. As can seen

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