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What is Civil Partnership exactly? What are our rights and responsibilities?
Civil Partnership enables same-sex couples of aged 16 and over to gain legal recognition for their relationship. It is not `marriage` in the religious sense of the word but it does give lesbian and gay couples the same legal benefits and responsibilities as heterosexual married couples.
Benefits include rights to survivor pensions, recognition for immigration purposes, equal treatment for tax purposes (including inheritance tax), and protection from domestic violence. You would be exempt from testifying against your partner in Court, just like married couples, and you would gain next of kin rights, which help to avoid any problems regarding hospital visiting rights etc.
As to responsibilities, you will be able to gain responsibility for each other`s children and will have a duty to provide reasonable maintenance for your partner and any children of the family. You will also be treated jointly for income-related benefits (as are non married or registered heterosexual or same-sex couples actually).
How do we register our Civil Partnership? What criteria must we meet?
The Act allows same-sex couples to register their partnership, so that every right and responsibility arising from marriage between heterosexuals is available to them, with one exception - a religious ceremony.
To register a civil partnership, the parties must NOT be:
o of the opposite sex
o already be a registered civil partner or legally married
o younger than 16 years of age
o within prohibited degrees of relationship (for example, a child, adoptive child, parent or sibling).
Just as for straight couples, you need to go to the registration service to give formal notice in person of your intention to register your partnership.
The registration service will require proof of identification and status. If either you or your partner are subject to immigration controls then, for the purposes of entering into the partnership agreement, you must either obtain entry clearance, written permission from the Home Secretary, or fall within a class of persons specified by the secretary of state.
You will be able to register 15 days after giving notice, during which time the registration service will check your eligibility.
You can then register your partnership in any premises licensed to carry out registrations, not just a registry office. For a list of licensed venues, contact your local authority, or the General Register Office at http://www.gro.gov.uk.
You and your partner finalise the formation of your Civil Partnership by signing a document in the presence of a registration officer and two witnesses. You can arrange a ceremony in addition to the civil registration procedure if you want, although it cannot be a religious ceremony (as with heterosexual civil marrige).
If you do decide to have a ceremony, you should discuss what you want to say with the registrar. If the ceremony is being offered by the local authority, they will need to agree the content. There is now a standard form of words available from the General Register Office and local registrars that you can use or adapt to your own needs, although the words themselves have no legal significance.
There are statutory fees for the registration, as there are for marriage. For further details contact your local council or registry office.
Legally you will be `civil partners`. You can also take your partner`s surname. Your civil partnership certificate, along with proof of identity, will enable you to change your passport and driving license etc.
What legal rights will we have in relation to children? Can we adopt?
If you enter into a Civil Partnership with a person who has a child, you will become a step-parent. The biological parents remain the parents.
Being a step-parent does not confer any particular legal rights, so if you wish to become a parent you must formally adopt the child. Alternatively, if you wish to have Parental Responsibility, you will have to be granted this either with the Mother`s agreement, in the form prescribed, or by Order of the Court after making an application for this.
The Adoption of Children Act 1926 previously placed a restriction on the adoption of children by same-sex couples. However, Section 49(1)(a) of the Adoption and Children Act 2002 now allows an adoption by a couple.
This term is defined by section 144(4)(b) of the 2002 Act as two people (whether of different sexes or the same sex) living together as partners in an enduring family relationship. The Civil Partnership Act (CPA) amends this section to include people who are civil partners of one another, as with married couples.
What happens if my registered partner dies? Should we still make wills?
If a registered partner dies, the surviving partner inherits in accordance with the rules of intestacy in the same way as a married spouse would if there was no will. The surviving registered partner has the right to register the death of their partner and will be eligible for bereavement benefits. The surviving partner also has the right to claim a survivor pension, have tenancy succession rights, and claim compensation for fatal accidents or criminal injuries. They are also recognised under inheritance tax rules.
As with marriage, you still need to make a will after registering your partnership as any wills made beforehand become void. You will, however, be recognised under the intestacy rules, and will benefit from the same exemption from inheritance tax as married couples. If you have existing wills you can either arrange for them to be amended before you register, so that they allow for the eventuality of a Civil Partnership, or you can simply have them amended afterwards. If you choose not to make a will, your civil partner will inherit under the rules governing intestate estates, which will take into account children from existing or previous relationships.
If you want to make a will then Womenlegal`s Louise can help you. Contact her on or see Profiles for Louise`s details.
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