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Civil Partnership Act - Frequently Asked Questions1. What is Civil Partnership? ? Civil partnership is a 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. 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. 3. 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 19), 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. 4. What are the responsibilities? ? If you register your partnership you will be able to gain some 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 7) – this also applies to same-sex couples who are living together, but who have not registered their partnership (as with unmarried cohabiting heterosexual couples). 5. 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. 6. Will we have the same tax rights as married couples? ? Civil partners will be treated in the same way as spouses for tax purposes. HMRC can answer specific queries about taxation law. 7. 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 Benefits & Tax Credits page. 8. 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 5), 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. 9. 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. 10. Do we need to be living together in order to register our partnership? ? As with straight married couples, the answer is no. 11. 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 12. 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. 13. 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 14. 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 15. 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. 16. 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 assist you with such ceremonies should you want one. 17. 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. 18. 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. Currently only names and occupations, and not addresses are published to help protect people’s privacy, and safety. 19. 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 If one partner if based or born in Northern Ireland, contact Law Centre NI. There are specific rights for people born in Northern Ireland and their non European partners and it is recommended that people seek specialist advice before contacting the UK Border Agency, in order to benefit from those rights. Telephone 028 9024 4401 (immigration advice line, weekdays 09:30 - 13:00). UK Lesbian and Gay Immigration Group 20. 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. Again, the Law Centre NI will be able to assist with queries relating to this. Guidance on immigration, marriage, civil partnership & cohabitation Guidance on civil partnerships 21. 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. 22. 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. Useful Links |
