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Pre nuptial agreements

Civil Partnership or Marriage?

The Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019 requires the Government to make provisions by the end of the year to make couples of the opposite sex eligible to form civil partnerships. The result being that there is more choice available to couples wishing to make a commitment to one another, irrespective of their sex/gender/sexual orientation.

Despite same sex couples being able to marry or covert civil partnerships to marriage, civil partnerships remain a popular option. The number of civil partnerships registered has risen for the third consecutive year despite the fact that same-sex marriage could take place in England and Wales from the 29th of March 2014. For those of you that like to delve deeper into the statistics, the Office for National Statistics demonstrate that a civil partnership is most attractive to men and to older couples.

So what is a civil partnership and how does it differ to a marriage?

Differences between Marriage and Civil Partnerships:

In relation to the ceremony a marriage is formed when a couple exchange a prescribed form of words, whereas a civil partnership is when the second civil partner signs the relevant document, with no words required to be spoken. A marriage is often taken in the form of a religious or even a civil ceremony, however a civil partnership is entirely a civil process. There is no requirement for a ceremony to take place. Marriages are registered on paper, in a hard copy register, but the details of civil partnerships are recorded in an electronic register. Marriage certificates include the names of only the fathers of the parties whereas civil partnership certificates include the name of both parents of the parties. There are grounds of annulment available if married that are not so if you enter into a civil partnership e.g. if at the time of the marriage the respondent was suffering from a venereal disease in a communicable form.

Marriage, is a historic institution that is recognised around the world as being legally binding. A civil partnership conversely is not legally recognised in some other countries, which can cause difficulties if you are emigrating or require marriage rights while abroad. You will also find the same restrictions on same sex marriage in various countries – with some placing it at a similar level to a civil partnership, while others do not recognise it at all.

Civil Partnerships give couples the choice to formalise their relationship and celebrate with both friends and family without getting married. Many people see civil partnerships as being more modern, therefore expresses more equality within the relationship, rather than the institutionalised, patriarchy that is deep-rooted within marriage.

From a legal viewpoint, these two unions share very similar characteristics but there can be subtle differences following a separation in so far as process and rights.

Whether you are entering into a same-sex, opposite-sex marriage or a civil partnership, you may wish to consider a prenuptial agreement or pre-civil partnership agreements. The solicitors in our friendly family team here at Clark Willis are happy to discuss with you your options and the best way to financially protect yourself.

From our offices in Darlington and Catterick Garrison we offer a range of personal legal services including Family, Property Sales & Purchases, Wills, Lasting Powers of Attorney, Probate & Trusts, Dispute Resolution and Personal Injury across County Durham, the Tees Valley and North Yorkshire. Visit www.clarkwillis.com or contact your local office for more information.

 

No.1 “The Zebra”

Why We Are Seeing Stripes

Those of you reading this who follow us across our social media channels or who we have met recently at the Darlington Business Expo will not have failed to notice we have gone all dotty over stripes with the introduction of a Zebra combined with the phrase ‘Clear Legal Advice.’

Whilst a Zebra is instantly recognisable in its own right with its iconic stripes and is certainly eye catching across an Exposition hall, the choice of a Zebra to launch a series of black and white images over the coming months runs a little deeper than enabling us to be easy to spot.

Colour

Black and white have long been the colour scheme of Clark Willis Law Firm. Our heritage of providing legal services to the people of Darlington goes back nearly 50 years and so it was natural that the colours chosen by the firm during that early period reflected the colour scheme associated with the town itself and the football club.  As a firm we are proud to be headquartered in the heart of Darlington town centre and wear our colours to display this.

Clarity

‘Black and White’ is traditionally associated with clarity and an issue being easy to understand. The legal world, legislation and terminology can often be confusing  and daunting to those who wish to have matters clearly explained. One of our core values as a firm is that law should be made simple and we explain options clearly, in plain English to ensure our clients fully understand their position and enabling them to make informed choices.

Family

Zebras are family oriented animals and live in family groups of between 5 – 20 individuals. As a firm we enjoy a family team mentality across our 27 members of staff, many of whom have been with us for a significant period of time – the longest working with us for 40 years! Many of the current team have trained with us and we have even had several team members who have left to explore life outside of our herd and who have returned back to the fold. We believe this internal team ethos flows through positively into our service to clients as it enables us to work together across legal disciplines, to work more productively and efficiently and most importantly to focus on delivering an excellent service to our clients to uphold the firms reputation. You may have seen ‘Let Our Family Look After Yours’ included in our literature for this reason.

Resolution

Zebras are surprisingly courageous animals who will stand their ground and are not afraid to confront predators if required. The preferred choice however, is to avoid confrontation and the Zebras dazzling pattern structure and quick pace means that confrontation is normally a last resort. As one of the only firms in the area that can undertake mediation services, with two trained mediators in our ranks, we certainly believe in settling disagreements without confrontation where possible, but if required to do so we also have the legal expertise and experience to adopt a more robust position. This may be a simple pre action warning shot to a debtor for credit control or a more dogged pursuit of the right outcome on personal injury matter to achieve the best result for our clients.

‘No1. The Zebra’ is the first of a series of monthly monochrome images to be featured over the next 12 months across our social media channels to highlight some of the key elements of our service so be sure to follow us on Facebook, Twitter, Instagram and LinkedIn to see the series as they are released.