The introduction of civil partnerships has prompted many gay couples to register, but as Grania Langdon-Down reveals, the year-old legislation takes law firms into uncharted waters


While parts of the media have been eagerly awaiting the first gay ‘divorces’ a year on from the introduction of civil partnerships, the BBC’s radio soap ‘The Archers’ has chosen the moment to celebrate the ‘marriage’ of characters Adam and Ian, amid the inevitable family rows.



The latest figures from the Office of National Statistics (ONS) show that 15,500 gay and lesbian couples registered their civil partnerships in the first ten months – far more than the government initially predicted. It had estimated that 22,000 same-sex couples would ‘marry’ in the first five years after the law changed in December 2005, but that figure is likely to be topped within the next few months.



So, how much new work has the civil partnership legislation created for law firms, and how are they pitching for the business? While it is early days to start focusing on dissolutions – partners have to wait a year before they can start the ‘divorce’ process – civil partnerships have already brought in new work for private client teams advising on wills and trusts; for family lawyers advising on pre-registration agreements and issues over children; and for immigration solicitors assisting couples to regularise their status.



It has also prompted one group of lawyers to use the fact that they are gay as part of their pitch. Marketing themselves as QueerPod, 12 lawyers from firms in London, Cambridge and Brighton are offering gay couples specialist advice on the legal aspects of their relationships. All 12 are trained in the growing phenomenon of collaborative law, meaning that when relationships do break down, they can negotiate tailor-made settlements which, they say, could prove especially important, given that ‘gay divorce’ is uncharted territory in the courts.



QueerPod lawyer David Allison, a partner at London firm Family Law in Partnership, says the most surprising result of civil partnerships is the marked rise in enquiries from gay people in heterosexual marriages who have decided to divorce.



‘Traditionally, we’ve had a steady trickle of divorce cases where one of the spouses is gay but, since civil partnership was introduced, we’ve seen a noticeable increase. People are realising they don’t need to stay in an unhappy marriage and many see the recognition of civil partnerships as a signal that gay relationships are equally valid.’



According to the ONS statistics, 90% of civil partnerships were registered in England, with 6% in Scotland, 3% in Wales and 1% in Northern Ireland. One in four of all partnerships were registered in London. Around three times as many men registered their partnerships as women in the capital, although nationally the gap between the sexes was narrower, with 62% of civil partnerships in England between men. In Wales, it was virtually 50/50.



The figures also show that, initially, civil partnerships were much more popular among older couples, with only 12 % of those ‘married’ in December 2005 younger than 35. However, nine months later that figure had risen to 25%, while the involvement of over-50s had halved from 50% to 24%.



Family lawyers point to the age profile as one of the reasons why there is unlikely to be an immediate rush to dissolve partnerships, with those in long-standing relationships being among the first to register.



However, Julian Washington, private client partner with London firm Forsters, predicts that, as young same-sex couples ‘meet, fall in love and get hitched’ in the same way as young straight couples, the profile of dissolutions is likely to mirror that of divorces.



Mark Harper, a family partner at City firm Withers, has been dealing with what is understood to be the first dissolution under the legislation, due to reach decree nisi stage last month. It involved two American men who married in Canada but now live in the UK, and so have to end their marriage here.



‘At this stage, the work is only in small numbers. The significant work will only arrive in due course with dissolutions. The surprises will come when people start making their financial claims,’ he says.



Chris Phillips, partner at London firm Bevan Kidwell, is also acting on a dissolution case involving two men who registered their partnership abroad more than a year ago, but are now permanently resident in the UK.



‘It’s all new law, although leading counsel’s opinion is that the courts will treat a dissolution by applying the same rules as for a straight divorce,’ he says.



One of the main new areas of work is pre-registration agreements. QueerPod member Haema Sundram, senior partner of London firm Lynch & Co, says: ‘I did just two pre-nuptial agreements in 13 years, and then seven pre-registration agreements in the past year.’



Mr Phillips has previously done pre-cohabitation agreements for gay couples, and has also dealt with property litigation between gay couples who split up. He is now giving advice on pre-registration agreements, which, he argues, ‘will be just as unenforceable as pre-nups’.



However, Mr Allison, who chairs Resolution’s cohabitation committee, feels that, because there are less likely to be children involved, the agreements may be given more weight by the courts. He says the Civil Partnership Act 2004 was ‘momentous legislation which has been introduced without any significant backlash. Where problems might arise is if people move to jurisdictions where civil partnerships aren’t recognised’.



Last year, Bindman & Partners in London set up a website on civil partnership law. Family partner Alison Burt says this has resulted in ‘masses of inquiries’, the two main areas of work being sorting out immigration status and family issues.



She says a number of clients, mainly lesbian couples, have come for advice on children. ‘Since civil partnerships, a biological parent can draw up a parental responsibility agreement with the non-biological parent, rather than having to go through the rigmarole of seeking a joint residence order.



‘The donor father can still apply for parental responsibility and contact, and the court will probably adopt the approach in Re B [2006] EWHC 0002 (fam), which is to find a balance between ensuring the stability of the child’s primary carers while supporting the right of the father to be involved. The shortage of anonymously donated sperm means more couples are turning to known donors, so they need to think about the donor’s potential relationship with any future child.’



There has also been high demand for advice on trusts, inheritance and other tax planning, and wills, which are revoked on registration, as they are on marriage. Mr Washington says civil partnerships are the first opportunity gay couples have had to think seriously about inheritance tax. ‘I am advising one couple who are in their 80s and have been together for 40 years, and this is an important issue for them.’



He has also had some clients who, having looked at the tax rules and found that, because they have two properties, they would lose their capital gains tax principle residence exemption on one if they became civil partners, have decided against it.



Richard Hogwood is a private client solicitor with London firm Speechly Bircham, which has a civil partnership section on its website. He says the impetus for putting in place pre-registration agreements and family trusts often comes from the generation above wanting to protect family wealth in the event of a dissolution – an issue picked up in ‘The Archers’ with Adam’s step-father Brian Aldridge worrying about protecting the family farm. Mr Hogwood says: ‘If assets are held in trust for future generations, it is harder for an ex-partner to say they should have half.’



For Christina Blacklaws, chairwoman of the Law Society’s family law committee, civil partnerships have been a ‘good news story’ so far. ‘The legislation was timely and appropriately set up. We expect a lot more work will be forthcoming but we hope it will be at the beginning of relationships rather than the end. While dissolutions will come, the report from the front is that couples are not yet flying in to seek them.’



If the enthusiasm for civil partnerships continues, it could prove a useful source of work across several specialisms. As Mr Allison says: ‘Everyone is angling for the work, so it is a bonus to have a gay lawyer because that helps attract gay clients. As someone joked – “every office should have one”.’



Grania Langdon-Down is a freelance journalist