What is Civil Partnership?
The Civil Partnership Act will give legal recognition to lesbian, gay and
bi-sexual couples who wish to make a lifelong commitment to each other, as
heterosexual couples can through marriage.
When did the new law come into effect?
The Civil Partnership Act came into effect on 5 December 2005.
Who can register?
To enter into a civil partnership a couple must be of the same sex, over 16
(with parental consent if under 18), and must not be related to each other or in
an existing marriage or civil partnership.
How will couples register?
Couples will need to give notice of their intent to apply for a civil
partnership at a register office and wait for a minimum period of 15 days while
the notice is publicised.
To register as civil partners, a couple must sign the civil partnership
document in the presence of a civil partnership registrar and two witnesses.
This can take place at a register office or other approved venue, but not on
religious premises.
Civil partners can celebrate in any way they choose after the statutory steps
of registration.
What if one of the partners can’t get to the register office?
There are special procedures where one partner is either ill, detained or in
hospital. For more information, contact the General Register Office: www.gro.gov.uk.
What happens if a civil partnership breaks down?
A civil partnership ends only on death, dissolution or annulment.
The
‘divorce’ procedure will be called ‘dissolution’ and will be a court-based
process providing the same rights and responsibilities as divorce for married
couples.
Will civil partnerships be available throughout the UK?
Yes. The Civil Partnership Act applies to England, Wales, Scotland and
Northern Ireland.
What are the advantages to registering a civil partnership?
Registering a civil partnership will give access to a number of legal rights,
such as equal treatment for child support and tax purposes, including
inheritance tax, survivor pensions, income-related benefits, fatal accidents
compensation, protection from domestic violence, and recognition for immigration
and nationality purposes.
What are the duties and responsibilities?
Couples who register their partnership will be able to gain responsibility
for each other’s children and will have a duty to provide reasonable maintenance
for the other partner and any children of the family.
Should civil partners make a will?
A civil partner will probably inherit their deceased partner’s estate, even
if they did not make a will. Partners will be recognised under the intestacy
rules and will also benefit from the same exemption from inheritance tax as
married couples. However, it is always advisable to make a will.
What will a couple be called after registration?
Legally they will be ‘civil partners’. A partner wishing to take the other
partner’s name will need to make arrangements to change by deed poll.
What will it cost to register a civil partnership?
The cost of notice of intention to register is £30 per person. A weekday and
Saturday Register Office ceremony costs £40. Approved Premises (weekday) £240,
(Saturday) £280, (Sundays and Bank Holidays) £320.
What about registering overseas?
The government is considering whether to offer the facility to register a
civil partnership at a UK diplomatic post abroad, but this would depend on there
being insufficient facilities under the law of the foreign country and on the
agreement of the country in question.
What about partners from overseas?
Partners from overseas will be treated just as a heterosexual couple in
similar circumstances. For more information contact the UK Lesbian and Gay
Immigration Group (www.uklgig.org.uk).
Same sex couples who have already formed a legal relationship in another
country will not need to register in the UK as well, as long as the relationship
meets the requirements of the Civil Partnership Act.