Civil Partnerships

The Civil Partnership (Scotland) Act 2004 allowed members of the same sex to register a civil partnership in Scotland, the legal effect of which is very similar to marriage. From 28 July 2020, the law in Scotland changed to allow mixed sex couples to enter into a Civil Partnership in a move that provides greater equality of choice for all couples. Prior to the these amendments coming into force, only same sex couples could enter into Civil Partnerships.

Civil partnerships are treated as being similar in nature to marriage and partners in a civil partnership are entitled to similar (and often identical) rights as spouses in a marriage.

There are two grounds for dissolution of a civil partnership:

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• The civil partnership has broken down irretrievably.
• One of the partners to the civil partnership has an interim gender recognition certificate.

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Where a civil partnership has broken down it can be dissolved by the court where:

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• One partner has behaved in such a way as the other partner cannot reasonably be expected to co-habit with that partner;
• Where there has been no continuous cohabitation between the partners for a period of one year and both parties consent to dissolution;
• Where there has been no continuous cohabitation for two years.

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The court can grant certain orders regulating the occupancy of the family home including interdict and exclusion orders.

Civil partners are entitled to aliment each other according to their respective financial resources and orders for aliment can be obtained from the court.

Where a civil partnership is being dissolved the assets of that partnership are generally to be shared equally between those partners upon dissolution. The court has the same powers as it would in divorce actions to make orders regulating the use of partnership assets after dissolution including making provision for orders in relation to a partner’s pension, capital sum orders and for the transfer of property.

To contact us for an appointment please call or e-mail our family lawyer Colette Kerr on 0141 404 1091 or [email protected]. For general queries surrounding any family law matter please fill out our online enquiry form.