"From 5 December 2005 two people of the same sex can enter into a civil partnership' but it is important that they should take legal advice", said Janet Paraskeva, chief executive of the Law Society.
"For example entering into a civil partnership invalidates an existing will. It is therefore very important that both partners make a new Will following registration of their civil partnership. If a civil partner dies without a will (intestate) then the State decides how the estate will be divided, which will not necessarily be in accordance with the wishes of the deceased.
"We strongly advise people to take advice from a professionally qualified solicitor when making a will. This is important because there are strict rules about how a Will is drafted and signed in order for it to have legal standing. Be wary of using unqualified advisors as there are many cases of clients receiving shoddy service and poor advice", said Paraskeva.
A pre-partnership agreement is a private agreement entered into by a couple prior to the registration of a civil partnership which sets out how the couple wish to divide their assets in the event of separation or death.
Although not legally binding, these agreements may be taken into consideration by the courts upon the breakdown of a civil partnership.
"A pre-partnership agreement is thought by many to be a sensible way in which to avoid, as much as possible, the uncertainty, costs and bad feeling that may accompany the termination of a civil partnership" said Paraskeva.
Many civil partners will have lived together for several years prior to the registration of their partnership. It is possible that the court will take into account pre-registration cohabitation when determining the length of the relationship, which will impact on the final division of assets. A pre-partnership agreement can be used as evidence in court if it clearly records the intention of the parties at the time the agreement was entered into.
There are many aspects of tax planning that need to be looked at prior to the partnership. These include transfers between civil partners during their lifetime or on death which are exempt from inheritance tax; Private Residence Relief; transfers of assets; stamp duty land tax and transfer of assets.
Paraskeva said: "No-one wants to think of themselves or their partnerdying, nor do they like to think that the partnership may not work out. But some careful planning before a civil partnership is entered into could prevent a lot of heart-ache and stress later. The Law Society has lobbied for the introduction of a civil partnerships bill for many years and can guide any couples towards a solicitor who can give them legal advice."
