To
enter into a Civil Partnership, couples will need to register
their intentions, as do those who enter a civil marriage. Partners
must also be:-
(a)
of the same gender
(b) not in an existing civil partnership (or marriage)
(c) old enough to marry (i.e. 18 without parental permission,
16 with)(d)
not within the legally prohibited degrees of relationship
For
the purposes of tax, nationality and immigration, inheritance,
liability for maintenance, child support, tenancies, employment\pension
benefits and protection from domestic violence. civil partners
will be treated like married partners.
The rights and responsibilities civil partners will include:–
(a)
a duty to provide reasonable maintenance for your civil partner
and any children of the family. Therefore, civil partners are
to be assessed in the same way as spouses for child support.
(b) equitable treatment for the purposes of life assurance. employment
and pension benefits
and recognition under intestacy rules.
(c) access to fatal accidents compensation
(d) protection from domestic violence
(e) recognition for immigration and nationality purposes
How do you go about a Civil Registration?
First
you need to register with a registrar. There is a 15 day notice
period which is posted in the registry office. In respect to Civil
Partnerships anonymity is respected. You do not have to register
in your home county or list your address, but you do have to list
your names, ages and occupations.
What
if there is a breakdown of the relationship?
There
is a dissolution process similar to divorce, insofar as:
(a)
it is decided in Court
(b) division of assets (property), alimony, take into account
length of partnership, dependency/contributions, and children\custody
etc.
(d)
by consent after 2 years of separation, without consent after
5 years.
(c) grounds (as for marriage except adultery/ non-consummation).
Including unreasonable behaviour and desertion. *NOTE In
a civil divorce case in a Canadian Court in Canada, August 2005,
the Judge ruled that in respect of the proceedings by the wife
against the husband for dissolution of the marriage, the sexual
relationship which occurred between the man and another man fell
within the definition of adultery. It is therefore not known at
this time whether the effects of that adjustment to definition
may (1) find its way into UK Law and\or (2) if it does, whether
that may affect the exceptions to grounds stated in (c) above.
For
a report on this, CLICK HERE
Pensions:-
Workers
will have the same right to survivors’ pensions for their civil
partners that they have now for their spouses.
Living together and benefits:-
Civil
partners will be treated in the same way as married couples in
calculating entitlement to means-tested benefits.
NOTICE:
The above answers to typical questions about the practicalities
of Civil Partnerships are provided as a guide only and do not
constitute legal advice which the individual should seek independently
in addition to, or instead of, this information.