A lack of legal recognition of same-sex relationships has meant that couples have faced a multitude of difficulties. Suzy Hamshaw, family law specialist with solicitors, Charles Lucas & Marshall explains how new laws will change things for the better.

On 18 November last year, the Civil Partnership Act 2004 received the Royal Assent.

The passage of this new law through Parliament generated very little controversy despite creating an entirely new status for same-sex couples. The Act is expected to come into force towards the end of 2005 and no doubt many same-sex couples will seize the opportunity to tie the Civil Partnership knot.

This is not, however, same-sex marriage. In the Netherlands, Belgium and Luxembourg full marriage rights are available to same-sex couples but The Civil Partnership Act does not go this far. It creates a distinct institution with legal rights, benefits and responsibilities similar to those of married couples.

Same-sex couples will be able to register their partnership by signing a 'civil partnership document.’ Unlike marriage there will be no exchange of vows. The signing of the document and the registration will take place at a registry office and, it is thought, at any of the other venues licensed for civil marriage. It cannot take place on religious premises however.

Civil Partnership is only available to partners of the same-sex - it is not open to heterosexual couples who do not wish to marry. Civil Partners must be single, not already married or in a Civil Partnership.

A Civil Partnership will last until it is ended by death, annulment or dissolution. Unlike marriage, which is presumed to be 'until death do us part', the Civil Partnership Act itself provides the mechanism for dissolving partnerships. The grounds are the same as those for divorce, with the exception of adultery, and the procedure is almost identical.

The Court will also have the power to make financial orders on the dissolution of the partnership and these will include maintenance, lump sums, pension orders and orders dealing with property. This is an enormous move away from the current position where same-sex (or indeed unmarried heterosexual couples) have no right to claim maintenance or pension provision from their partners.

During the reading of the Bill in the House of Lords, the sorry tale of an elderly male couple was told. They had been together 40 years when one partner died of cancer. His family had never accepted the relationship and his partner was denied visiting rights at the hospital. His request to attend the funeral was refused and he was then evicted from their joint home.

Without a doubt the Civil Partnership Act has remedied a great injustice for same-sex couples wishing to form a legal relationship.

For more information contact Suzy Hamshaw on 01635 521212 or suzy.hamshaw@clmlaw.co.uk