Why shouldn't gay couples go through the "seven year itch"?

The world's press is in a dither. A couple of weeks ago, the Office for National Statistics announced that the number of same sex couples dissolving their civil partnerships in England and Wales had jumped by 20% during 2012.

So interesting is the announcement that it has attracted the international media from as far away as New York and New Zealand - who would have thought that such statistics would be so newsworthy?

According to the ONS, there were 794 dissolutions in 2012 of which 60% were female couples compared to 663 in 2011 and the highest rate of civil partnership took place in central and west London, Brighton and Hove.

As for Liverpool and Merseyside, I could only find statistics from 2011 which show that civil partnerships had increased since they were made law in 2005.

Apparently, the steep rise in these dissolutions reflects the fact there are more civil partners in the UK each year, something which I have seen as a Liverpool divorce lawyer.

But why is everyone so surprised? Surely, same sex couples have the same or similar issues as heterosexual couples? And what impact will the Marriage (Same Sex Couples) Bill have on civil partnerships?

Why are more female couples splitting up than male?

As a family law solicitor serving St Helens, Liverpool and the North West, we act for not only married couples wanting a divorce but also heterosexual couples cohabiting and gay couples in civil partnerships.

It does not surprise me that those in civil partnerships experience a seven-year itch because the issues which the couples involved face are basically the same as those who are married or cohabiting couples.

Most husbands and wives think of divorcing after they have been married between four and eight years and this is the same for gay couples.

As in heterosexual marriages, women are usually the ones wanting to put an end to a failing relationships and I think this is one of the reasons why I, as a family law solicitor serving St Helens, Liverpool and the North West,am seeing more female couples separating.

What grounds are there for dissolving a civil partnership?

A Civil Partnership in England and Wales can only be terminated on the ground that it has 'irretrievably broken down', but to prove this to the court, you have to rely on the following:

  • Unreasonable behaviour - your civil partner must have behaved in such a way that you cannot reasonably be expected to live with them anymore
  • Desertion - your civil partner has deserted you for a continuous period of at least two years immediately preceding the presentation of the dissolution petition
  • Two years separation with consent - you and your civil partner have lived apart for a continuous period of at least two years immediately preceding the presentation of the dissolution petition and your civil partner consents to a decree being granted
  • Separation - you and your civil partner have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the dissolution petition

What steps should same sex couples and heterosexual couples put in place before they live together?

Regular readers of my blog will know my thoughts about the importance of a cohabiting agreement - see my blog Isn't it time cohabiting couples had some rights?

This is because a cohabiting agreement sets out who owns what and will determine how you will split your property, its contents, personal belongings, savings and other assets should your partnership come to an end.

And if you have children, it can also cover how you will support your children, over and above any legal requirements to maintain them, as well as how you would deal with bank accounts, debts, and joint purchases such as a car.

The agreement can also set out how you and your partner will manage your day-to-day finances while you are living together - such as how much you each contribute to the rent or mortgage and bills. It can also stipulate whether you will take out life insurance on each other.

Some of you might be thinking this is far too practical and will spoil your relationship. However, as a Liverpool divorce lawyer, I always advise cohabiting and civil partnership couples to take out a cohabiting agreement. You will be grateful for it should your relationship break down.

Just make sure that you have both taken independent legal advice to avoid potential accusations that it was signed under duress.

What impact will the Marriage (Same Sex Couples) Act have on civil partnerships?

I think there is going to be definite cross-over between same sex marriage and civil partnerships - after all, civil partnerships were introduced because gay couples weren't allowed to marry.

However, I don't think they are going to be superfluous to requirements because I am hopeful that Parliament will realise that they should legislate to allow co-habiting couples to enter into civil partnerships. Read my blog to find out more.

The government are currently reviewing the future of Civil Partnerships in England and Wales after MPs raised concerns about their role in the light of the Marriage (Same Sex Couples) Bill and the findings are due out next year.

How do you think the Marriage (Same Sex Couples) Act will impact on civil partnerships? Should heterosexual couples be allowed to enter into civil partnerships? If making a commitment, shouldn't heterosexual couples just get married?