Civil Partnerships

The Civil Partnership Act 2004 (‘CPA’) came into effect on 5 December 2005. The CPA allows a same sex couple to obtain legal recognition of their relationship, by forming a civil partnership registered in the same way as a civil marriage at a registry office. The establishment of a civil partnership has wide-ranging legal implications with same sex couples acquiring practically the same legal rights and obligations as a married couple including:

• joint treatme
• nt in the calculation of income-related welfare benefits and tax, including inheritance tax;
  
• joint access to most occupational and state pension benefits;
  
• recognition for immigration and nationality purposes;
  
• ability to apply for parental responsibility for a civil partner’s children on the same basis as married step-parents;
  
• being subjected to the determination of a court in relation to the division of property and care of children following a separation or dissolution, in the absence of any agreement;
  
• being treated as next of kin where consent for medical intervention is required;
  
• recognition as next of kin under intestacy and inheritance rules; and
  
• access to bereavement benefits and fatal accident compensation.
  

The only real difference between a civil partnership and a marriage is that it can not call itself a marriage. Further it is a wholly secular ceremony; same sex couples can not opt for a religious ceremony or be registered on religious premises.

The CPA recognises same sex relationships registered under the law of other countries, on the same basis as civil partnerships but not as a marriage.

Eligibility

In order to qualify for registration as civil partners, a couple must be:

• of the same sex;
  
• not already a civil partner or married;
  
• not under 16 years of age, or if over 16 but under 18, have the consent of the relevant persons or bodies; and
  
• not in prohibited degrees of relationship (i.e. a close family relation).
  

Registration

In order to form a civil partnership, couples are normally required to give at least 15 days formal notice of their intention to register and the proposed venue of registration. There is an exemption for those who are seriously ill.

Notice should be given at the local registry office where the couple lives. If each partner lives in different area then each partner has to give notice. You are required to have been a resident of the locality for at least seven days immediately prior to giving notice.

On the day, all that is legally required is that both partners sign the register at a registry office or approved premises. There is an exception for those who are housebound or detained (in prison or hospital). Registration should be witnessed by two witnesses. In addition to the act of registration there is nothing preventing more elaborate ceremonies being held.

Like married couples, one of the partners can change their surname to that of the other, or choose to hyphenate.

Dissolution of partnership

A civil partnership will only end on formal dissolution, annulment or death of one of the parties. An application for dissolution may only be made a year after the formation of the civil partnership.

To dissolve a civil partnership it is necessary to apply to court for an order providing evidence that the partnership has irretrievably broken down. The partner seeking dissolution will be required to provide evidence of either:

• unreasonable behaviour;
  
• separation for 2 years where both parties agree to the dissolution
  
• separation for 5 years where one of the parties does not agree to the dissolution; or
  
• desertion for 2 years.
  

A party may also apply for a separation order prior to dissolution. Dissolution is similar to divorce, and could lead to similar implications regarding legal rights and responsibilities in relation to division of property, maintenance and care of children. If the parties are unable to reach agreement, these issues will be determined by a court.