Civil partnerships in the United Kingdom
Encyclopedia
Civil partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

s in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, granted under the Civil Partnership Act 2004
Civil Partnership Act 2004
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and...

, give same-sex couples rights and responsibilities identical to civil marriage
Civil marriage
Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...

. Civil partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples on inheritance tax
Inheritance tax
An inheritance tax or estate tax is a levy paid by a person who inherits money or property or a tax on the estate of a person who has died...

, social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...

 and pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...

 benefits, and also the ability to get parental responsibility
Parental responsibility (access and custody)
In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life...

 for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....

 rights, full life insurance
Life insurance
Life insurance is a contract between an insurance policy holder and an insurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of the insured person. Depending on the contract, other events such as terminal illness or critical illness may also trigger...

 recognition, next of kin
Next of kin
Next of kin is a term with many interpretations depending on the jurisdiction being referred to. In some jurisdictions, such as the United States, it is used to describe a person's closest living blood relative or relatives...

 rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

.

Law and procedure

A civil partnership is a relationship between two people of the same sex, formed when they register as civil partners of each other, which ends only on death, dissolution or annulment. Part 2 of the Act relates to England and Wales, Part 3 to Scotland and Part 4 to Northern Ireland.

Formation and registration

A civil partnership is formed once both individuals have signed the civil partnership document in the presence of a registrar and two witnesses.

Under the standard procedure, before registration, each party will usually have to give notice to the appropriate authority. Each party must have resided in the UK jurisdiction
Constituent country
Constituent country is a phrase sometimes used in contexts in which a country makes up a part of a larger entity. The term constituent country does not have any defined legal meaning, and is used simply to refer to a country which is a part Constituent country is a phrase sometimes used in contexts...

 in which they intend to register, (England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 or Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

) for at least seven days immediately preceding the giving of notice and there will, in most cases, be a fifteen-day waiting period after notice is given. A civil partnership in Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...

  may be conducted either in English or, provided that both registering parties, the registrar and witnesses are able to understand and write in the Welsh language
Welsh language
Welsh is a member of the Brythonic branch of the Celtic languages spoken natively in Wales, by some along the Welsh border in England, and in Y Wladfa...

, in Welsh. Civil Partnership documents issued in Wales (regardless of the registering language) follow a standardised bilingual English and Welsh format.

In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 there is no minimum residence requirement to contract a valid marriage. During the waiting period, the proposed partnership is publicised and anyone may make a formal objection. If there is such an objection, the proposed civil partnership cannot be formed unless the objection is withdrawn or if the registration authority is satisfied that the objection ought not to prevent the formation of the civil partnership. Provided no objection has been recorded, or any recorded objections have been cleared, the registration authority must issue a civil partnership schedule at the request of either party upon the expiration of the waiting period. The civil partnership must then be registered within twelve months of the notice first being given.

Specific registration procedures apply to certain special circumstances, e.g. concerning the housebound, detained persons and those seriously ill and in danger of death.

Eligibility

Each party to the civil partnership must be of the same sex and be at least 16 years of age. Anyone below 18 years of age will usually need parental consent, except in Scotland where such consent is not required. Furthermore, the parties to the proposed partnership must not be within the prohibited degrees of relationship specified in part 1 of schedule 1, paragraphs 1 and 2 of the Act (paragraph 3 was not brought into force following a ruling from the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 against similar provisions for marriage). Any party who is already in a marriage or a civil partnership is ineligible to register.

Where permitted, civil partnerships may be registered at British embassies or consulates-general. As of October 2009, the British Embassy in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 listed twenty eight as being authorised to hold civil partnerships. For such registrations, at least one partner must be a British citizen. Overseas couples wishing to register their partnership in the UK, must reside in the country for seven days prior to application for the partnership, and wait a further fifteen days before the civil partnership may be formed.

Recent developments

It is prohibited for civil partnerships to include religious readings, music or symbols and for the ceremonies to take place in religious venues. On 17 February 2011, the UK Government announced that, as the result of the passing of the Equalities Act 2010, it would bring forward the necessary measures to remove these restrictions in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, although religious venues would not be compelled to offer civil partnerships. The formal consultation on this process, in which both individuals and groups were able to express a viewpoint, ran from 31st March - 23rd June, 2011.As a result of the consultation, the Equalities Department of the UK Home Office announced
In addition, having listened to stakeholders, it is clear from many that there is a desire to move towards equal civil marriage and partnerships. We will work with all those who have an interest in this area on how legislation can develop.
On 17 September the BBC reported that the UK Equalities Minister stated that a consultation on the matter would begin in March 2012 with the view to legalising same-sex marriage before the next general election in 2015.

It falls within the jurisdictions of the devolved administrations of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 to decide whether or not to remove the restrictions in the areas of civil partnerships and marriage. In September 2011, the Scottish Government began a 14 week consultation on not only removing religious prohibitions for civil partnerships but also legalising same-sex marriage within that country.In the foreword to the consultation document, Deputy First Minister, Nicola Sturgeon
Nicola Sturgeon
Nicola Sturgeon is the Deputy First Minister of Scotland, Cabinet Secretary for Health, Wellbeing and Cities Strategy, Deputy Leader of the Scottish National Party and Member for Glasgow Southside....

 stated
"The Scottish Government is choosing to make its initial views clear at the outset of this consultation. We tend towards the view that religious ceremonies for civil partnerships should no longer be prohibited and that same sex marriage should be introduced so that same sex couples have the option of getting married if that is how they wish to demonstrate their commitment to each other. We also believe that no religious body or its celebrants should be required to carry out same sex marriages or civil partnership ceremonies."

Gender Recognition Act

The Gender Recognition Act 2004
Gender Recognition Act 2004
The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows transsexual people to change their legal gender. It came into effect on 4 April 2005.-Operation of the law:...

 allows transsexual people to change their legal gender. Before doing so, any existing marriage must be dissolved in order to avoid potential problems for a married couple who wish to stay together after one party has changed gender. Under special provisions of the Civil Partnership Act, in such situations a couple may dissolve their marriage and enter into a civil partnership the same day.

Overseas relationships

Where a same-sex couple has registered an overseas relationship which is specified in Schedule 20 of the Civil Partnership Act, or meet certain general conditions, they are treated as having formed a civil partnership. The requirements can be found in section 212 and sections 215 to 218 of the Act.

For an overseas relationship to meet the general conditions it must, under the law of the country or territory in which it was formed:
  • be exclusive in nature (i.e., the law must not permit a person to be in a civil or marital relationship with more than one person);
  • be indeterminate in duration (this would exclude an arrangement whereby the parties agreed to live together for a fixed period of time); and
  • result in the parties being treated as a couple (thus excluding local registers which have no legal effects under state/provincial or national law).

Property and financial arrangements

The position of civil partners in relation to financial arrangements mirrors that of spouses. For instance, Section 11 of the Married Women's Property Act 1882 applies to civil partnerships; thus, money payable to a surviving partner under a policy of life assurance no longer forms part of the deceased partner's estate.

The laws governing wills, administration of estates and family provisions also applies to civil partners as to spouses; thus, provisions governing financial relief under Part 2 of the Matrimonial Causes Act 1973 (MCA) and the Domestic Proceedings and Magistrates' Court Act 1978 also apply to civil partnerships. Tax exemptions available to spouses under s.18 of the Inheritance Tax Act 1984 are available to civil partners under the Civil Partnership Act 2004
Civil Partnership Act 2004
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and...

. In Scotland the centuries-old system of minimum legal rights to a deceased estate for a widowed spouse were expressly extended to civil partners by section 131 of Act.

In any dispute between civil partners as to title or possession of property, either partner may apply to the Court, which can then make any order in relation to the property, including an order to sell such property. Contributions by either partner to property improvement are recognised if the contributions are substantial and in actual money or money's worth.

Children

When dealing with an application for dissolution, nullity or separation where there is a child in the family, the Court must consider if it should exercise its powers under the Children Act 1989. Section 72 amends the definition of 'a child of the family' accordingly.

Other amendments were also made to equalise the position of civil partners with that of spouses. Civil partners are able to acquire parental responsibilities as a stepparent under Section 72 of the Act. They may also apply for residence or contact orders. Further, the right to apply for financial provision for children under schedule 1 of the 1989 act was extended to civil partners. Adoption provisions were amended to treat civil partners the same as married couples in Britain, although this does not apply to Northern Ireland at 18 November 2011. The Northern Ireland Adoption law is due to go to judicial review in December 2011.

Other provisions

The Act also amended other areas to equalise the position of civil partners. Such areas included matters relating to housing, tenancies and the Fatal Accidents Act 1976. Applicable parts of the Family Law Act 1996 were also amended.

Name changing

There is no requirement that either party must change their surname upon entering a civil partnership. However, many couples wish to follow marital traditions and seek to change their surname to that of either partner, or combine their names to make a double-barrelled surname
Double-barrelled name
In English speaking and some other Western countries, a double-barrelled name is a family name with two parts, which may or may not be joined with a hyphen and is also known as a hyphenated name. An example of a hyphenated double-barrelled surname is Bowes-Lyon; an example of an unhyphenated...

. This change can be made after the civil partnership is registered, and authorities will accept a certificate of civil partnership as evidence of name change, e.g. when applying for a passport or a driving licence. In Scotland, names need not be changed to be considered valid (deeds poll
Deed poll
A deed poll is a legal document binding only to a single person or several persons acting jointly to express an active intention...

 do not exist under Scots law), though some English-based companies may still ask for proof from an official such as a Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

. Civil partners of male peers
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...

 or knights do not receive a courtesy title
Courtesy title
A courtesy title is a form of address in systems of nobility used for children, former wives and other close relatives of a peer. These styles are used 'by courtesy' in the sense that the relatives do not themselves hold substantive titles...

 to which the spouse of a peer or knight would be entitled.

Ending the partnership

Section 37(1) of the Act provides for the making of dissolution, nullity, separation and presumption of death orders. These provisions broadly mirror those governing marriage.

Dissolution

No applications for dissolution may be made within one year of the formation of the civil partnership, except in Scotland. Like marriage, irretrievable breakdown is the only ground on which the court may make a dissolution order. Also, Section 44 provides that the Court may not make such an order unless the applicant satisfies as to certain facts which are the same as those for divorce under the Matrimonial Causes Act 1973 (MCA), except that adultery cannot be relied on for a civil partnership dissolution: the respondent's behaviour, 2 years' separation and consent, 2 years' desertion or 5 years' separation. If the applicant satisfies the court in this respect, the court must make a dissolution order unless it is not convinced by the evidence that the partnership has indeed broken down irretrievably. The MCA section 5 defence is also available. While adultery cannot be cited as a reason in itself for dissolving a civil partnership, it could be cited as an example of unreasonable behaviour.

As with the breakdown of a marriage, the court will have powers to provide financial relief upon dissolution of a Civil Partnership. The court may make Maintenance and lump sum orders, Orders for Sale, Pension Sharing Orders or Property Adjustment Orders.

Nullity, separation and presumption of death orders

A nullity order is one which annuls a void or voidable civil partnership. Section 49 of the Act provides that a civil partnership is void on grounds of ineligibility to register, if the parties: disregarded certain requirements as to the formation of the partnership, where any party is a minor, where any person whose consent is required (e.g. a parent) has forbidden the formation of the partnership and the court has not given its consent. Where a civil partnership is voidable, applications for nullity orders are subject to the bars of time, knowledge of defect and approbation.

A presumption of death order dissolves the partnership on the grounds that one of the partners is presumed to be dead, while a separation order provides for the separation of the parties. These orders are governed by Sections 55 and 56 of the Act and they largely mirror the position for married couples.

The first civil partnerships

The first civil partnership formed under the Civil Partnership Act 2004
Civil Partnership Act 2004
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and...

 took place at 11:00 GMT 5 December 2005 between Matthew Roche and Christopher Cramp at St Barnabas Hospice, Worthing
Worthing
Worthing is a large seaside town with borough status in West Sussex, within the historic County of Sussex, forming part of the Brighton/Worthing/Littlehampton conurbation. It is situated at the foot of the South Downs, west of Brighton, and east of the county town of Chichester...

, West Sussex
West Sussex
West Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...

. The statutory 15-day waiting period was waived as Roche was suffering from a terminal illness: he died the following day. The first partnership registered after the normal waiting period was held in Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...

 on 19 December 2005.

The first partnerships formed in Great Britain, after the waiting period, should have occurred on 21 December, but due to a misinterpretation of the rules, the first in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 were held on 20 December. The first civil partnerships in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 were formed on 21 December 2005, with Westminster
City of Westminster
The City of Westminster is a London borough occupying much of the central area of London, England, including most of the West End. It is located to the west of and adjoining the ancient City of London, directly to the east of the Royal Borough of Kensington and Chelsea, and its southern boundary...

, Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...

, Hammersmith and Fulham
London Borough of Hammersmith and Fulham
The London Borough of Hammersmith and Fulham is a London borough in West London, and forms part of Inner London. Traversed by the east-west main roads of the A4 Great West Road and the A40 Westway, many international corporations have offices in the borough....

 and Brighton & Hove
Brighton & Hove
Brighton and Hove is a unitary authority area and city on the south coast of England. It is England's most populous seaside resort.In 1997 Brighton and Hove were joined to form the unitary authority of Brighton and Hove, which was granted city status by Queen Elizabeth II as part of the millennium...

 conducting the largest numbers.

Volumes

18,059 couples entered into a civil partnership between December 2005 and the end of December 2006, with a further 8,728 taking place in 2007, 7,169 in 2008, 6,281 in 2009 and 6,385 in 2010.

By 2009, 487 couples in 20 different countries were registered at British Consulates. Six of these countries have since legislated for gay marriage, civil partnerships or something similar. British Embassies in a further nine countries are licenced to conduct British Civil Partnership but had yet to perform their first.

See also

  • Same-sex marriage in the United Kingdom
    Same-sex marriage in the United Kingdom
    Same-sex marriage is not currently legal in the United Kingdom. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal...

  • LGBT rights in the United Kingdom

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK