Civil Partnerships
What is a civil partnership?
Civil Partnership is a new legally recognised relationship which became law
in December 2005. It gives same sex couples the ability to obtain legal
recognition for their relationship in a similar way to a marriage.
Couples who form a civil partnership will have a new legal status – that of
“civil partner”. There are many similarities between a civil partnership and
a civil marriage, in terms of the legally recognised rights and
responsibilities that come from this. There are also a small number of
differences, for example a civil partnership is formed by a signing of a
document, whereas a civil marriage is formed when the couple
exchange spoken words. Also a civil partnership cannot include a religious
ceremony, unlike a civil marriage.
Who is eligible to register a civil partnership?
Two people of the same sex who are 18 or over (16 or over with parental
consent), who are not already married or in a civil partnership and are not
closely related. If you want a civil partnership with someone who is
subject to immigration control then slightly different procedures apply and
you will need to go to a specially designated Register Office.
Contact the
Immigration and Nationality Bureau on 0870 606 7766 or visit
www.ind.homeoffice.gov.uk for more information.
How do we register a civil partnership?
Firstly you and your partner need to give formal notice (in person) at your
local Register Office(s). This allows 15 clear days for people to object if
they think there is any reasons why the civil partnership shouldn't go
ahead, in the same way as in a civil marriage. When you do this you will be
asked to state where you wish the civil partnership registration to take
place. If you wish to register your civil partnership outside the area
which you currently live in, you will first need to arrange this with your
proposed venue and the local authority where you want the registration to
take place.
For Stoke-on-Trent, please contact the Register Office on
(01782) 235260 for more information (Monday to Friday, 8.45am - 4.30pm).
For
the ceremony itself, the procedure is largely a matter of personal choice -
you can write your own vows, exchange rings, seal it with a
kiss etc... as long as you discuss this beforehand with your registrar. The
only legal obligations are to provide your signatures and two witnesses.
Where can a civil partnership ceremony take place?
The range of places you can register your civil partnership will be broadly
similar to those available for civil marriage. Every local authority will be
required to provide a facility for the registration of a civil partnership
and
it will also be possible to register a civil partnership at some other
venues, such as hotels and clubs.
How much does it cost?
The notice fee is £30 per person, this is set nationally. The registration
fees vary between local authorities but are broadly similar to those for
civil marriages. In Stoke-on-Trent, the standard fee for the register office
is £43.50 (including the certificate) and the fees for attending approved
premises is £205.00 Monday to Saturday and £260.00 for Sunday and Bank
Holidays.
What are the financial implications?
The financial implication are similar to those for civil marriage:
Pensions - Civil partners will have most of the same state pension rights as
husbands and will be entitled to a survivors pension from their partners
pension scheme.
Tax - Civil partners will be treated the same as married people for tax
purposes, for example civil partners, and people living together as civil
partners, will be jointly responsible for the payment of council tax.
Benefits and tax credits - The income of a civil partner or a cohabiting
same-sex partner will be taken into account when calculating income related
benefits and tax credits. If you are civil partners or are living together
in a same-sex relationship you will need to tell your benefit office if you
are in receipt of income related benefits or the Tax Credits Office if you
claim tax credits.
Contact the Benefit Enquiry line on 0800 882200 or the
Tax Credits Helpline on 0845 300 3900 for more information.
How do I end my civil partnership?
A civil partnership mirrors a civil marriage in that it can only be ended by
death, dissolution or annulment. Dissolution cannot take place until a year
has elapsed from the initial registration. The process for dissolution,
as for divorce, is court-based and the person applying for the partnership
to be dissolved will have to provide evidence that the civil partnership has
broken down irretrievably. You will need to talk to a solicitor and the
process will begin with an application to the court, giving grounds to
support the application. Acceptable grounds are:
Unreasonable behaviour, that is behaviour such that the applicant cannot
reasonably be expected to live with their civil partner
-
Separation for two years, where the other civil partner consents to a
dissolution order being made
-
Separation for five years, where the other civil partner does not consent to
a dissolution order being made
-
One partner has deserted the other for 2 years prior to the application
being made
If the court is satisfied on the evidence that the civil partnership has
broken down irretrievably, a dissolution order can be granted. The courts
can then make provision for the division of property, maintenance and
contact with any children involved in the partnership.
For more information, check out:
http://www.womenandequalityunit.gov.uk/lgbt/partnership.htm
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