The Civil Partnership Act 2004

The Civil Partnership Act 2004 which enables same sex couples to register their relationship as if they were married (with all that that entails) becomes law in December 2005.

The legislation is not intended to undermine marriage but purely to give same sex couples the same option to regulate their personal affairs as heterosexual couples who obviously have the right to marry if they so choose.

Heterosexual couples who choose not to marry remain at the mercy of the “common law” at this time and reform is long overdue. The Law Commission which makes recommendations to the Government about changes in the law is due to report back on this topic in early 2007.

Whether you are intending to marry, “live in sin”, or enter a gay relationship, be aware that the legal implications and options are wholly distinct.

Who gets the toaster? As well as sorting out major issues such as childcare and homing arrangements, matrimonial practitioners can sometimes can become embroiled in disagreements as to family chattels, heirlooms and white goods including who gets the toaster. Recent guidance has been given by Baron J in K –v- K (ancillary relief: property division) [2005] EWHC1070(Fam) “As a matter of practice, the division of chattels should be accomplished prior to trial, with a clear schedule to noting the destination of items. If parties cannot agree, a schedule should be completed, with the terms marked as agreed, or in dispute and setting out why any particular item was sought.”

Can I keep the engagement ring? A recent interesting and quite entertaining case (not least because it involved two formerly engaged Barristers Cox –v- Jones [2004] 2 FLR 1010 concerned a number of “agreements” and “promises” to include a dispute relating to the ownership of the engagement ring. The giver of an engagement ring can only recover the “gift” if it was made on condition that it would be returned if the engagement was terminated. Section 3 (1) Law Reform (Miscellaneous Provisions) Act 1970. In the absence of a written agreement, a Judge’s decision will turn on verbal testimony. In this case Mann J allowed Miss Cox to keep her engagement ring as he did not believe there was any condition attached to the gift.