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Civil partnership entry and exit strategies

Civil partnership entry and exit strategies are setting the legal social media blogs alight as noted by Cheshire family law specialist solicitors Stonehewer Moss. It is an interesting fact that gay couples currently have a couple of options on recognising their legal status, the civil partnership or marriage. Today it is reported that the Isle of Mann has become the first place in the British Isles to permit a straight couple to enter a civil partnership. The difference between the two is not to be found in the detail, they are both the same when it comes to splitting up, but perhaps the civil partnership is seen as more secular. At the same time a possibly unique case called Roocroft v Ball has reached the Court of Appeal where the issue was summary dismissal of a claim between gay civil partners when sadly the wealthier of the couple had died post issue. The barrister representing the survivor successfully argued that Wyatt v Vince does not permit such an approach. It is worth noting that Roocroft was another successful appearance in the Senior courts by local barrister Sam Hillas, as previously she presented an Isle of Mann case called McLeod that was important in the development of pre nuptial agreement jurisprudence. Michael Brennan, the accredited solicitor at Stonehewer Moss in Northwich comments, “A gay couple today can choose their legal status and should consider the following legal issues:-

  1. Before the ceremony, is consideration of a pre nup sensible. Do not leave advice on this to the last minute;
  2. If not entering into a ceremony but simply co habiting, should you draw up a living together agreement in the hope of clarifying issues should you part;
  3. A will you made before the ceremony is revoked unless made in anticipation of marriage to that person. Remember estate planning if your assets exceed the Inheritance tax threshold;
  4. If you marry and later separate, try option to resolve the dispute away from court by instructing a Resolution accredited solicitor who is best placed to explain the options available like mediation and collaborative law;
  5. Civil partnership entry and exit strategies are no different for straight and gay couples; the emotional and financial impact can be harsh and time is the key factor as always.

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