Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Former civil partner definition

What does Former civil partner mean? A former civil partner is a person whose civil partnership has been legally ended by dissolution or annulment. The expression is used across family, pensions and tax practice, and appears in legislation (including the Civil Partnership Act 2004 and pensions statutes), rather than being confined to a single, standalone statutory definition. In practice, the status is most significant for financial provision and pensions on dissolution. In England & Wales, Scotland and Northern Ireland, a former civil partner may receive pension credit rights pursuant to a pension sharing order (including an order made by consent) or an agreement embodied in...

Family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975: spouses, civil partners and former partners - marriage validity, divorce, judicial separation (England and Wales)

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Practice notes

Spouse and civil partner

Those eligible to bring a claim include:

the deceased’s spouse or civil partner
a former spouse or former civil partner of the deceased, but not someone who has entered a further marriage or civil partnership

In practice, a spouse or civil partner is a commonly seen category of claimant. A spouse or civil partner can apply under I(PFD)A 1975 against the estate of their deceased spouse or civil partner where the distribution effected by the Will, the intestacy regime, or a mix of both, fails to make reasonable financial provision. For help on the standard of reasonable financial provision for a spouse or civil partner, see Practice Note: Family provision claims—reasonable financial provision.

Marriage

The claimant must demonstrate they were the deceased’s spouse or civil partner at the date of death. The marriage needs to be recognised under English law. In most instances, a marriage certificate will be available and will be accepted as satisfying that requirement. There are two forms of presumption as to...

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Web page updated on 22/05/2026

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