The Law and Financial Provision on the Dissolution of Civil Partnerships

Nicholas Allen Barrister and Helen Williams Pupil Barrister 29 Bedford Row Chambers

Part I: Parity of Treatment and Pre-Registration Cohabitation The first part of this article discusses the law in relation to civil partnerships and the extent to which it is influenced by the concept of 'parity of treatment' between civil partners and married couples. Specific attention is paid to how the courts should treat pre-registration cohabitation. The second part to be published at a future date will deal with the complex issue of whether differences between civil partnerships and marriage are so fundamental that fairness between civil partners in financial provision on dissolution may only be achieved by adopting principles different from those established under the current ancillary relief regime. In particular it is argued that if the courts are to promote 'equality' for same sex couples they must pay attention to any differences (as well as any similarities) between the ways that same sex and opposite sex couples conduct their relationships particularly with regard to financial arrangements.

More than three and a half years after the Civil Partnership...

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