A Guide to Civil Partnerships

Background

The Civil Partnership Act came into effect in 2004, enabling couples of the same sex to gain legal recognition for their relationship.

Not only will registering a partnership give your relationship recognition in the eyes of the law, it will also give both you and your partner a range of legal rights and responsibilities, including those relating to tax, inheritance and childcare.

Who Can Enter into a Civil Partnership?

You are able to register a civil partnership with your gay or lesbian partnership if you meet all of the following criteria.

• You are both over the age of 16, the minimum legal age of civil partnerships in England, Wales and Scotland. (In England and Wales, written consent from a parent or other legal guardian may be required, though if this cannot be obtained, then you may ask the local registry office to be exempted.)
• Both you and your partner have lived in the area of the UK in which you wish to give notice for at least seven days. This applies even if you are a UK or EU citizen.
• Neither of you is already in a civil partnership or married.
• You are not close blood relatives.

Rights and Responsibilities

A civil partnership will give both you and your partner a number of the same rights as those enjoyed by married opposite-sex couples, including those relating to inheritance tax, pensions and childcare. The main legal rights gained by entering into a civil partnership are;

Death and Inheritance

As with different-sex married couples, couples joined together through civil partnerships are exempt from paying inheritance tax should one of them die.

That is, if your partner dies, leaving all their possessions to you in their will, you will not have to pay tax on this inheritance, as you would if you were simply living together.

Additionally, if you die without writing a will, all your possessions, including any bank accounts that may have been in your name only, will automatically become the property of your civil partner.

Pensions

Not all pension schemes offer benefits to dependent partners. However, those that do offer them to opposite-sex partners must offer them to same-sex partners.

Additionally, you may also be entitled to claim a state pension based on your civil partner’s National Insurance contributions, though this can depend on when they started making their contributions and when your relationship was legally recognised.

Medical Consent

As with different-sex married couples, you will be granted next-of-kin rights when visiting your civil partner in a hospital, allowing you to give your consent for medical procedures should they be incapable of doing so.

However, you do not automatically have next of kin consent for a civil partner’s child, unless your partner has given their written consent for this.

Children

You are able to enjoy parental responsibility for your partner’s children, though both of you need to agree to this and you must jointly apply for permission to do this from the relevant local authorities.

If you choose to officially adopt a partner’s child or children, you may become financially responsible for them, though you will not be asked to pay child support should your relationship come to an end.

Names

When you register a civil partnership, neither you nor your partner is legally obliged to change your name. However, you do have the right to choose whatever name you want, including that of your partner.

Even if your relationship breaks down, you will still be legally permitted to carry on using your ex-partners name, though you are also permitted to revert back to your original one.

Aside from adopting, you can also apply to the courts to get parental responsibility for a child, with this enabling you to have a say in their healthcare, education and welfare.

Both you and your partner may also put yourselves forward to adopt a child and, legally speaking, adoption agencies must treat you the same as they would a mixed-sex married couple.

However, be aware that some foreign countries may not allow same-sex couples to adopt one of their nationals, even if they are in a civil partnership.

Registering a Civil Partnership

Registering a civil partnership is a straightforward process, involving just two main steps, both of which must be stuck to in order to comply with the law.

It may also be a good idea to write up a ‘pre-registration agreement’ before you formally register your partnership, This should set out your rights and obligations to one another as well as what would happen to your possessions, finances and any children should your relationship fail.

Giving Notice

You are legally required to give advance notice of your civil partnership, as you are with a marriage.

You must do this in person – nobody can do it on your behalf – at your local registry office at least seven days in advance of the big day, even if you plan on getting hitched elsewhere in the country.

Your notice will then be displayed in public for up to 15 days, fulfilling the legal requirement.

Note that (as of autumn 2011) it will cost both you and your partner £30 each to give notice of your upcoming civil partnership.

You will also be required to produce documentary evidence of your name and address and, if applicable, proof that any former partnerships have been legally dissolved or proof that you are eligible to reside in the UK.

Registration

Once you have given notice, you are free to register your civil partnership. A full list of venues approved for partnership ceremonies by the General Register’s Office can be found at the public body’s website.

You are legally required to register your partnership in front of both the official registrar and two witnesses, though you do not have to have a ceremony of any sort.

Should you want the registration to take place in Welsh, then it will only be valid if the registrar and witnesses understand what is being said.

Note that a small fee (£40 as of 2011) also applies for registering your partnership, and also note that no religious ceremony is permitted at the signing of a civil partnership.

Dissolving a Civil Partnership

As with a mixed-sex marriage, there are also legal procedures you must follow in order to dissolve a civil partnership.

Firstly, the law states you have to have been in a partnership for at least a year before you can end it.

Additionally, you’ll be required to prove to a court that your partnership no longer works, giving specific examples.

As with marriage, you can argue for the dissolution of a partnership on four different grounds, namely;

• Unreasonable behaviour by your civil partner, with this covering emotional or physical abuse, infidelity and financial recklessness.
• Desertion by your partner. Specifically, this is when you partner left home at least two years previously.
• You and your partner have been separated for at least two years and both of you have agreed to the dissolution.
• You and your partner have been separated for at least five years, though one of you hasn’t agreed to the dissolution.

Once you have confirmed the reason you want your civil partnership dissolved, you must apply to your local court for a ‘dissolution petition’ and then a ‘conditional order’ for the process to go forward.

Further Reading

• Further advice on Civil Partnerships is available from the Citizens Advice Bureau.
• You can gather information on Civil Partnership issues from the Government’s site, www.direct.gov.uk.
• If you are planning a celebration to mark the big day you may find our guide to planning a wedding useful.