Frequently Asked Questions
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.