Civil partnership agreements

A civil partnership agreement is defined by section 73(3) of the Act as an agreement between two people to register as civil partners or to enter into an overseas relationship. In common with the law relating to engagements, an agreement does not take effect as a contract (s.73(1)) and no action can be taken for breach of an agreement (s.73(2)).

If a civil partnership agreement is terminated, a partner may still take advantage of the provisions of sections 65, 66 and 67 to claim a share, or enhanced share, in property they have improved or to apply to court for the resolution of disputes between them about property, provided that any application is made within three years of the termination of the partnership agreement (s.74).

Jurisdiction

The basic rules are set out in amendments to the Matrimonial and Family Proceedings Act 1984 brought about by Schedule 27 to the Act. They are subject to the creation of rules of court and the introduction of statutory instruments.

Any county court may be designated by the Lord Chancellor as a civil partnership proceedings county court and any such court may then be designated as a court of trial (s.36A of the Matrimonial and Family Proceedings Act). Section 36A(4) provides that only a court of trial can determine a ‘civil partnership cause’ (defined by s.32 as an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners).