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UK Lesbian and Gay Immigration Group here

Civil Partnerships and Older People here

Housing Rights Service Guide for same sex couples. here

Department of Social Development Leaflet on same sex couples and benefits. here

Lasi is very grateful to Stonewall UK for providing these FAQs

FAQs
Civil Partnership Act - frequently asked questions
Many of you are keen to find out more about the Civil Partnership Act and what the implications of signing the register will be. We have tried to think of all the questions you might be thinking about and have listed the answers below.

1. What is civil partnership?
Civil partnership is a new legal relationship for lesbian and gay couples, aged 16 and over. It will enable same-sex couples to gain legal recognition for their relationship. It is not ‘marriage’ in the religious sense of the word, but it will give lesbian and gay couples the same legal benefits as heterosexual married couples, just like a registry office wedding. The full text of the Civil Partnership Act 2004 can be read by clicking here.

2. When does the new law come into effect and when can we register?
The Civil Partnership Act will come into effect on 5th December 2005, and as there is a 14 day notification period, the first partnerships will be formed on 19th December – just in time for Christmas!

3. Why do we have to wait till December?
The Civil Partnership Act requires a huge number of administrative and bureaucratic changes to take place before it can work in practice. These include changes to the tax and benefits computer systems and training for registrars who will be carrying out the ceremonies. There are also a large number of changes to the law which need to be made, including pensions legislation, court rules and immigration rules – everything from the criteria for Jobseeker’s Allowance through to the Explosive Substances Act 1883 is being revised to equalise the treatment of civil partners and spouses!

4. Why ‘civil partnership’ and not marriage?
The main focus was on the outcome in terms of rights and responsibilities, rather than the label. Civil partnership achieves parity with marriage in almost every respect.

5. Will civil partnership be available throughout the UK?
Yes. The Civil Partnership Act applies to Northern Ireland, England, Wales and Scotland.

6. What are the main advantages to registering our partnership?
Same-sex couples who register their partnership will gain access to a number of legal rights. These include rights to survivor pensions, recognition for immigration purposes (see question 22), equal treatment for tax purposes, including inheritance tax, protection from domestic violence and they will also be exempt from testifying against each other in court, just like married couples. They will also gain next of kin rights, which will mean no more problems regarding hospital visiting rights.

7. What are the responsibilities?
If you register your partnership 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 (see question 10) – this also applies to same-sex couples who are living together, but who have not registered their partnership (as with unmarried cohabiting heterosexual couples).

8. Will I have equal survivor pension rights as a civil partner?
As for widowers, civil partners will be able to access survivor pensions in public service schemes and contracted-out pension schemes from 1988. For further details, contact the Pension Service: www.thepensionservice.gov.uk.

9. Will we have the same tax rights as married couples?
Civil partners will be treated in the same way as spouses for tax purposes. These changes were dealt with in the recent Finance Act, which followed the Budget of 16th March. The Inland Revenue can answer specific queries about taxation law: www.inlandrevenue.gov.uk

10. What about our benefits?
If you form a civil partnership, you will be treated jointly for income-related benefits – people should be aware that this also applies to same-sex couples who are living together, but who have not registered their partnership (as with unmarried cohabiting heterosexual couples). For further information on how this may affect you, you should contact Jobcentre Plus: www.jobcentreplus.gov.uk or see our Civil Partnerships and Benefits page.

11. What will happen if my registered partner dies?
If you and your partner register your partnership, and then one of you passes away, the surviving partner will automatically inherit their partner’s estate if there is no will. They will have the right to register the death of their partner and will be eligible for bereavement benefits. They will also have the right to claim a survivor pension (see question 8), will have tenancy succession rights and will be able to claim compensation for fatal accidents or criminal injuries. They will also be recognised under inheritance tax rules.

12. Should we still make a will?
Even if you choose not to make a will, your civil partner will probably still inherit everything. You will be recognised under the intestacy rules, and will therefore benefit from the same exemption from inheritance tax as married couples. However, it is generally best to set out in a will exactly what your wishes are.

13. Do we need to be living together in order to register our partnership?
As with straight married couples, the answer is no.

14. Will it cost anything to register our partnership?
There will be statutory fees similar as there are for marriage. For further details contact your local council or registry office, or the General Register Office: www.groni.gov.uk

15. How do we go about registering our partnership?
Just as for straight couples, you will need to go to the registration service to give formal notice in person of your intention to register your partnership. You will be able to register 15 days after giving this notice, during which time the registration service will check your eligibility. Following this, you will form your civil partnership by signing a document in the presence of a registration officer and two witnesses. An increasing number of registry offices are already taking bookings, so that couples can register their partnerships as soon as possible after 5th December. Where can I have a civil Partnership

16. My partner can’t get to a registry office – what should we do?
There are special procedures for couples where one partner is either ill and not expected to recover, or is detained in prison or hospital. The General Register Office will be able to tell you what steps you need to take to register: www.groni.gov.uk

17. Where can we register our partnership?
You can 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: www.groni.gov.uk or see our Where in N.I. can I have a Civil Partnership Registration

18. Does it need to be local to where we live?
Couples will be able to form their civil partnership in licensed premises anywhere in the UK, so if you want to do it with a local authority different to the one where you live, you can.

19. Can we have a ceremony?
The Civil Partnership Act does not require a ceremony to take place and it actually prevents any religious service from taking place during the registration process. Just as with marriage, couples will be able to arrange a ceremony in addition to the registration procedure if they want to, and local authorities will be encouraged to allow such ceremonies should you want one.

20. How will our ceremony be worded?
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. The words themselves will have no legal significance.

21. Will our details be made public when we give notice of our intention to register our partnership?
Currently, if a heterosexual couple gives notice of their intention to marry, their details, including names, occupations and addresses, are made public, the marriage register being a public document. The Government recognises that there may be issues for some lesbian and gay couples, such as risk of harassment, should their sexual orientation be made known to the general public. Current plans are therefore to only publish names and occupations, and not addresses, to help protect people’s privacy, and safety.

22. My partner is from overseas – can we register our partnership?
If you or your partner is subject to UK immigration control, there may be restrictions in terms of you forming a civil partnership, and you may need to gain entry clearance in order to come to the UK and register your partnership. You will be treated just like a straight couple in similar circumstances.

To find out how this may affect you, you should contact the
Home Office Immigration and Nationality Directorate
www.ind.homeoffice.gov.uk
telephone: 0870 606 7766

or the
UK Lesbian and Gay Immigration Group
www.uklgig.org.uk
telephone: 020 7620 6010

23. We registered our partnership overseas. Will we have to re-register over here?
For lesbian and gay couples who have already formed a legal relationship in another country, if that relationship meets the requirements of the Civil Partnership Act, they will not need to register in the UK as well. Schedule 20 of the Act sets out which overseas relationships are eligible. If your relationship is not recognised in Schedule 20, it may still meet the general conditions of the Act, which are in Chapter 2 of the Act.

24. What will we be called after we register our partnership?
Legally you will be ‘civil partners’. There is no provision in the act to enable you to automatically take your partner’s surname, so if you wish to do this, you will need to make arrangements to change by deed poll.

25. Will there be a ‘divorce’ procedure if it doesn’t work out?
The ‘divorce’ procedure for civil partnerships will be called ‘dissolution’, and will be a court-based process. The partner applying for the partnership to be dissolved will have to show that there has been an irretrievable breakdown in the relationship. Rights and responsibilities on dissolution will include fair arrangements for property division, residence arrangements and appropriate contact with children. This is the same as divorce for married couples.