Civil Partnerships

On a par with the decriminalisation of homosexuality in 1967, the Civil Partnership Act is a very important step forward. For the first time, it gives same sex couples legal recognition and similar rights to married heterosexual couples. The Act relates to England and Wales providing both partners are British or European Union nationals.The Civil Partnership Act means that register offices up and down the country are able to register same  sex couples as legal ‘spouses’. All legislation which affects spouses, will now also include same sex couples.

The Civil Partnership Act has affected major legal change in the way we are viewed in terms of tax planning, inheritance tax and property rights.

Rights however bring obligations in law; as civil partnerships bring similar rights to marriage, they can also inevitably lead to divorce. By entering into a Civil Partnership, you will give your partner rights to your property, pension, investments, children (if you have any) etc.

Before booking the honeymoon, lets see what saying ‘I do’ will mean to you and your beloved…

Is civil partnership the same as marriage?

Officially, couples registering will be called ‘civil partners,’ although a Civil Partnership will give same-sex couples similar legal rights and responsibilities of married heterosexual couples. There are however differences. A Civil Partnership is formed when the second civil partner signs the relevant document, whilst a civil marriage is formed when the couple exchange spoken words. Opposite-sex couples can opt for a religious or civil marriage ceremony but the Civil Partnership ceremony cannot take place in any church or religious setting. However, other settings such as hotels or stately homes are possible, if they are an approved venue.

When did it become law?

The Civil Partnership Act became law in November 2004 and was effective from 5 December 2005. The first ceremonies were then able to take place on 21 December 2005. After registering their intention to become civil partners, couples must wait 15 days, (the required period in law to give notice of an impending union).

Who can register a civil partnership?

You and your partner must both be of the same sex, be over 16 years of age, and if younger than 18, you will need to get parental approval. You must both have lived in England or Wales for at least 7 days – this includes people travelling from overseas – prior to giving notice. Provided one person is resident in England and Wales, then the other person may also give notice in Scotland and Northen Ireland of their intention to form a civil partnership in England and Wales. You and your partner must not already be married or in a civil partnership.

I have already signed a partnership register, what should I do?

Some local authorities previously allowed same sex couples to sign a partnership register before the act became law, but these are not legally recognised. Couples will have to sign the register again.

What documents do we need to register?

To register, both people need to show proof of name, age, nationality and proof of address.

Registration certificate?

After the Civil Partnership has been registered, you can obtain copies of the Civil Partnership registration certificate from the registrar on payment of the appropriate fee.

How much does registration cost?

The cost of giving notice is £30 per person, (ie. £60). Forming a Civil Partnership at a register office then costs a further £40. There will be an additional fee payable to the Registrar if they are to attend a different venue other than the Registry Office. There will also more than likely be additional hire charges to be paid to the owners of historic buildings and other venues. The certificate costs £3.50, with extra copies at £7 each.

What about changing my name?

If you wish to change your surname to that of your partner or hyphenate your last names, government departments will accept Civil Partnership certificates, in the same way they do for marriage certificates. Civil Partnership certificates will be accepted as evidence of change of name by The Passport Agency and DVLA. Other agencies, such as banks, may want separate proof of identity.