On 5 December 2005, the Civil Partnership Act 2004 came into force providing same-sex couples with similar rights to opposite-sex couples. The legislation has been described as being the most significant piece of family legislation for several years and the government predicts up to 22,000 same-sex couples to take advantage of the legislation by 2010.
This section seeks to inform readers of the implications, benefits and procedures associated with civil partnership.
What is a Civil Partnership? A civil partnership is a new legal relationship which can be formed by two people of the same sex. It gives same sex couples the ability to obtain legal recognition for their relationship. Couples who form a civil partnership will have a new legal status-that of "civil partner".
Why Civil Partnership? Through civil partnership, Parliament has sought to address disparity between same-sex couples and opposite-sex couples. Employment; pension; immigration; access to fatal accident compensation and recognition for intestacy rules have been brought into line. The benefits found within the Act only apply to same-sex couples who have registered a civil partnership: it does not apply to heterosexual unmarried couples or to same sex couples who have not registered a civil partnership.
Registration Civil partnerships are created by registration and this requires certain formalities. Opposite-sex couples can opt for a religious or civil marriage ceremony as they choose, whereas formation of a civil partnership is an exclusively civil procedure. Couples must inform the Registrar and provide written confirmation of their eligibility.
Who is Eligible The couple must be of the same sex, single, not of direct relation and over the age of 18.
Other Matters If you register as a Civil Partnership, your Wills will be automatically revoked.
Please see our recent bulletin which gives examples of some of the considerations you need to address in the context of Civil Partnership.
Royds Solicitors
65 Carter Lane
London EC4V 5HF
Tel: 020 7583 2222
Fax: 020 7583 2034
