Civil Partnership
Background
By the Civil Partnership Act 2004, since 21 December 2005, same sex couples have the opportunity to register their relationship as a civil partnership, provided each partner is aged 16 or over.
The Act is groundbreaking in the United Kingdom, conferring upon registrants rights akin to those enjoyed by (heterosexual) married couples. It does not apply, however, to unmarried heterosexual cohabitees nor does it confer any rights upon unregistered same-sex couples. In at least these respects it falls short of what some had hoped would be put in place.
The registration process
Registration is a straightforward process akin to civil marriage. Couples are required to have resided in England or Wales for at least a week, to have given at least 15 days notice of their desire to register and the time and place of their intended registration at a licensed location (which can be practically anywhere but religious premises). For all practical purposes, the signing of the register at the appointed moment before a registrar and 2 witnesses constitutes the registration of the partnership.
Your rights when registered
Once registered, the Act confers many rights, most of which apply when the relationship comes to an end on the death of one of the partners or by dissolution of the civil partnership. In the event of death, the Act confers rights of succession to property and the right to claim provision from a deceased partner’s estate.
Dissolution
Dissolution is by court order (the same courts deal with divorce) on either partner successfully alleging the relationship has broken down at any time 12 months after the initial registration, whilst proving one of four conditions. Those conditions are that either the other partner has behaved unreasonably, or the parties have been separated for 2 years and it is agreed in writing that the partnership should be dissolved or one partner has deserted the other for 2 years or, lastly, that the parties have been separated for 5 years. These conditions are identical to the grounds required for (heterosexual) divorce with the exception that on the dissolution of a civil partnership it is not possible to rely upon a finding of adultery, as it has been assumed that cannot be committed in a same sex partnership.
As with divorce, on a decree of dissolution the court is given powers to make orders dealing with the arrangements for residence and contact of any children of the relationship. The Court can also make financial provision in the form of property transfer, pension, lump sum and maintenance orders.
On the death of a civil partner rights of succession, identical to those given to the survivor of a marriage, are conferred upon the surviving partner.
Further information
If you would like to discuss any issues you have regarding the Civil Partnership Act and it's implications to you, please contact us on 0870 143 0970
Civil partnership Fact Sheet