Civil Partnership Solicitors Glasgow

Civil partnership lawyers in Glasgow

A civil partnership is a legal relationship between two people, registered under the Civil Partnership Act 2004. In Scotland, it gives couples almost all of the same rights and responsibilities as married couples, including rights to share property if the relationship ends and rights to inherit if one civil partner dies. A civil partnership registered in Scotland is legally recognised throughout the UK.

Since 1 June 2021, civil partnerships in Scotland have been open to both same sex and mixed sex couples, under the Civil Partnership (Scotland) Act 2020. Couples can now choose marriage or civil partnership, and our family law solicitors can give you clear legal advice so you understand your options under Scottish law.

Entering or ending a civil partnership

Registering a civil partnership in Scotland

To register, both partners must be at least 16, not already married or in a civil partnership, and not closely related. Each partner must give notice to the district registrar, and the forms must arrive at least 29 days before the registration, although registrars recommend allowing 10 to 12 weeks.

A civil partnership can be registered by a registrar or by an approved celebrant from a religious or belief body. Couples who are already civil partners can also change their civil partnership into a marriage, either through a ceremony or through an administrative process with the registrar.

Civil partnership agreements

A civil partnership agreement, similar to a prenuptial agreement, sets out what should happen to your property and finances if the relationship ends. It is particularly useful if one of you owns a home, a business or significant savings before registering, or if you have children from a previous relationship.

Scottish courts will usually uphold an agreement that was fair and reasonable when it was signed. To give it the best chance of standing up, each partner should take independent legal advice and give full disclosure of their finances, and it should be signed well before the registration. Read more about prenuptial agreements.

Dissolution of a civil partnership

When a civil partnership relationship ends, it is formally brought to an end by dissolution through the sheriff court or the Court of Session. The relationship breakdown must be irretrievable, which is shown by:

• one year of separation, if you both agree to the dissolution
• two years of separation, if your civil partner does not agree
• unreasonable behaviour by your civil partner
• the issue of an interim gender recognition certificate to one partner

Unlike divorce, adultery is not a ground for dissolution, although unfaithfulness can be relied on as unreasonable behaviour. Where you rely on a period of separation, there are no children under 16 and no financial claims to resolve, a quicker simplified procedure may be available. The process is very similar to divorce.

Dividing property when a civil partnership ends

The Family Law (Scotland) Act 1985 applies to civil partners in the same way as to married couples. Partnership property, which is generally everything built up during the civil partnership and before the date of separation, should usually be shared fairly, which normally means equally. Property owned before the registration, and gifts or inheritances from third parties, are usually excluded.

Partnership property can include the family home, savings, investments, pensions and debts. The court can make orders for payment of a capital sum, a property transfer or a pension sharing order, and in some cases financial support for a limited period. Most couples agree the terms in a separation agreement instead of asking the court to decide.

How we help, step by step

Children and civil partnerships

When a civil partnership ends, the welfare of any children comes first. Parents are encouraged to agree where the children will live and how they will spend time with each parent. If you cannot agree, the court can decide, based on what is best for the child. Child maintenance can be agreed between you or arranged through the Child Maintenance Service. Read more about child custody and contact.

Why choose Simplicity Legal for your civil partnership?

• Expert legal advice from an experienced family law solicitor
• Advice on both entering and ending a civil partnership
• Settlement first, using negotiation and mediation where it helps
• Plain English advice and clear costs
• Regulated by the Law Society of Scotland

Contact our civil partnership solicitors in Glasgow

Whether you are about to register a civil partnership or thinking about ending one, early advice can protect your position. Call 0141 433 2626 or request a callback, and a member of our family law team will be in touch. As a family law firm, we advise married couples on separation or divorce too. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Unmarried couples who live together without registering have fewer rights. Read about our advice on cohabitation.

Your civil partnership questions answered