Tax implications of entering into a marriage or civil partnership

Produced in partnership with David Salter
Practice notes

Tax implications of entering into a marriage or civil partnership

Produced in partnership with David Salter

Practice notes
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This Practice Note sets out the tax implications of marriage and civil partnership, including in relation to income tax, capital gains tax and inheritance tax. Specialist advice should be sought as necessary.

The tax consequences of civil partnership are identical to those of marriage.

A party is treated as married or as a civil partner for UK tax purposes, if they have been through a formal marriage or civil partnership ceremony, or, from 10 December 2014, converted their civil partnership into a marriage by formal declaration. Living together or common law arrangements do not count as a marriage/civil partnership.

The income tax and capital gains tax (CGT) legislation refers to spouses/civil partners who are 'living together'. This does not necessarily mean in the same house or even the same country: it includes all spouses/civil partners, unless they are separated under an order of a court or a formal deed of separation executed under seal (except in Scotland where the deed should be witnessed and registered), or they are in fact separated in

David Salter
David Salter

Solicitor (non-practising)


David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

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