Civil Partnership is a new concept that will enable same sex partners to obtain legal recognition for their relationship.
If this describes your situation or that of someone close to you, you should consider seeking legal advice. Daltons family department are members of Resolution and the Law Society Family Law Panel and are recognised as experts in that area.
Civil Partners, the new term for those who register their relationships, will enjoy similar treatment, on a range of issues, to heterosexual couples. It will give them legal responsibilities towards each other, property and children and comes into force on 5 December 2005.
In the meantime the Government is implementing changes to the way in which statutory bodies currently operate and is regularising laws and regulations to enable the new Act to be brought into force.
Most venues currently licensed for civil marriages will automatically become licensed for civil partnership services from 5 December 2005.
New rights and responsibilities.
- Parity of Social Security and pensions benefits, including the right to benefit from a deceased partners pension;
- Treated the same as married couples in relation to tax
- Full recognition for Life assurance schemes;
- Ability to succeed to tenancy agreements
- Next of kin status for hospitals
- Duty to provide maintenance for partners and children in the event of relationship breakdown
- Ability to obtain Parental Responsibility for children
- New employment rights – civil partners and spouses will be treated in the same way in relation to employee benefits
Is it different to a marriage?
Yes. There are some technical differences, but the main difference will be the civil partnership ceremony. A religious ceremony remains unavailable to same sex couples.
Couples will enter a civil partnership in local registration services and it takes effect from the moment the second partner signs his or her name.
The precise format of the registration document is not yet known.
Getting ready for implementation.
If you decide you wish to enter into a civil partnership, you can take steps today.
- Contact your local Register office to find out what provisional arrangements you can make, including finding out where you can register
- If available at your local office, give formal notice of your intention to register your relationship
- Find out whether the venue offers the kind of ceremony you want – not all venues will offer a ceremony, only the signing of the register
- Check the fees – they may vary between venues
I already have a relationship registered outside of the UK – what will happen?
Provided that the registered relationship was made in an ‘authorised’ country, the registration will automatically be treated as a civil partnership and you will not need to apply in the UK.
However the rules are complicated and you need to ensure that you comply with the requirements of the Act – please do seek our expert advice before assuming that you will be covered.
Formal requirements
- Arrange the service and ceremony with your chosen venue
- Give notice in the area in which you live, regardless of where you wish to have your service
- If your chosen place is outside your local area, give notice in that locality too
- This is followed by a 15 day waiting period (although exceptional circumstances may justify a shorter period)
Immigration rights
If you or your partner are not UK or EU citizens, you will remain subject to the immigration rules. The rules are complex and Daltons immigration experts can guide you through.
You will need to satisfy all the usual requirements in order to gain entry clearance to the UK. BEWARE – until the Act comes into force you cannot use the formation of a civil partnership as grounds for an application.
Further guidance is available from Daltons.
And if it goes wrong?
Settling the financial arrangements can be a major 'flashpoint' during the divorce process - it is usually far more complex than registering the relationship itself. Resolution (formerly the Solicitors Family Law Association) solicitors will ensure that issues relating to children are dealt with separately from financial matters to try and avoid any disagreements over money and property getting in the way of agreeing arrangements for children.
It is a sad fact of life that not all relationships will last. The new legislation provides for civil partnerships to be dissolved, in a procedure broadly similar to a divorce. An application will need to be made to a Court, and evidence will be required to prove that the relationship has broken down. If the court is satisfied, a dissolution order will be made.
Mediation services can also help couples reach agreement on key issues but a solicitor will be needed to advise on the implications of any agreement and convert it into an order recognised and enforceable by the courts.
Civil partnerships, like marriages, will not be right for everyone. Daltons can advise you on the pros and cons, so please do come and see our specialist family lawyers for advice.
If you are interested in knowing more about our services please contact us on 01730 262816 or email: enquiries@daltons-law.co.uk.
Our full contact details are here.
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