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Home | Lesbian and Gay Issues | Civil Partnership |
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Find Out More About Civil Partnership |
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What is Civil Partnership
Civil Partnership is a new legal relationship, which can be registered by two people of the same sex. It gives same-sex couples the ability to obtain legal recognition for their relationship.
Civil Partnership came into force on 5 December 2005. The first civil partnerships registered in England and Wales under the standard procedure took place on 21 December. In some special circumstances, some civil partnerships were registered from 5 December.
Certain relationships registered overseas (civil unions, same-sex marriages) may automatically be treated as civil partnerships in the UK from 5 December provided certain conditions are met. See FAQ below for more details.
Civil partners will have equal treatment in a wide range of legal matters with married couples, including:
Who can register?
Two people may register a civil partnership provided:
FREQUENTLY ASKED QUESTIONS
General Information About Civil Partnership
When will my partner and I be able to register a civil partnership? Why can't we register a Civil Partnership now? How does civil partnership differ from marriage? Who is eligible to register a civil partnership? How many people do you expect to register civil partnerships?
Registering a Civil Partnership
What arrangements can I make for my civil partnership? Where can I register my civil partnership? What formal requirements have to be met before registration can take place? What is the waiting period for civil partnership? What time of day can a civil partnership be registered? What information will be made public about my civil partnership? What happens at a civil partnership registration? What will the whole process cost? Can we change our names after registering a civil partnership?
Dissolving a civil partnership
How will the dissolution process work?
Treatment of Overseas Relationships
Will the UK recognise partnership schemes for same-sex couples that exist across Europe and beyond?
Immigration
Can my partner and I register as civil partners even if he or she isn’t a UK or EEA citizen? What is entry clearance and how would I go about applying for it? Where can I get a Certificate of Approval? What immigration rights will my non-EU citizen partner have if we register a civil partnership? Can my same-sex partner join me in the UK before the Civil Partnership Act comes into force? What about work permit or student visa holders?
Tax and Benefits
Will I have equal survivor pension rights as a civil partner, i.e. the same as for widowers? Will I be treated by my employer in the same way as a married employee?
The Civil Partnership Act 2004 covers the whole of UK though the different legal frameworks in Scotland and Northern Ireland may mean there are differences in the way the legislation is applied. The information given in this FAQs reflects the law on civil partnership as it applies in England and Wales.
Enquiries about civil partnership in Scotland should be referred to:
Scottish Executive
Website: www.scotland.gov.uk/Topics/Justice/Civil/18313/12657 Email: civilpartnershipregistration@scotland.gsi.gov.uk
Enquiries about civil partnership in Northern Ireland should be referred to:
The Office of Law Reform
Website: www.olrni.gov.uk Email: mailto:info@olrni.gov.uk
GENERAL INFORMATION ABOUT CIVIL PARTNERSHIP
When will my partner and I be able to register a civil partnership?
The Civil Partnership Act 2004 came into force on 5 December 2005 and the first civil partnerships will be registered in England and Wales under the standard procedure on 21 December 2005. To view the full text of the announcement of the implementation date click here. To view a copy of the Act click here.
How does civil partnership differ from marriage?
Civil Partnership is a completely new legal relationship, exclusively for same-sex couples, distinct from marriage.
The Government has sought to give civil partners parity of treatment with spouses, as far as is possible, in the rights and responsibilities that flow from forming a civil partnership.
There are a small number of differences between civil partnership and marriage, for example, a civil partnership is registered when the second civil partner signs the relevant document, a civil marriage is registered when the couple exchange spoken words. Opposite-sex couples can opt for a religious or civil marriage ceremony as they choose, whereas formation of a civil partnership will be an exclusively civil procedure.
The couple must both be of the same sex, not already be in a civil partnership or marriage, be 16 years of age or older, and not be within the prohibited degrees of relationship (i.e closely related).
In England and Wales and Northern Ireland, people who are aged 16 and 17 will have to obtain the written consent of their parent(s) or legal guardian(s) before registering a civil partnership. In Scotland individuals aged 16 or over will be able to register their partnership without the need for parental consent. (This is also the rule, in Scotland, for opposite-sex couples who marry).
The prohibited degrees of relationship can be found in Schedule 1 to the Civil Partnership Act for England and Wales, Schedule 10 for Scotland and Schedule 12 for Northern Ireland. These Schedules list the people who, due to the closeness of their relationship with each other, are prohibited from registering a civil partnership with each other or, in certain cases, who are prohibited from registering a civil partnership with each other unless certain conditions are met.
How many people do you expect to register civil partnerships?
The Government expects between 11,000 and 22,000 people to be in a civil partnership by 2010. The full take-up assumptions are available in the final Regulatory Impact Assessment published by the DTI at http://www.dti.gov.uk/access/ria/index.htm#equality
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REGISTERING A CIVIL PARTNERSHIP What arrangements can I make for my civil partnership?
If you want to register a civil partnership, you will be able to give formal notice of your of intention to do so from 5 December 2005. You should contact your local register office to make a booking and find out what arrangements you can make.
Where can I register my civil partnership?
The range of places you can register your civil partnership will be broadly similar to those available for civil marriage.
Every local authority is required to provide a facility for the registration of a civil partnership. It will also be possible to register a civil partnership at approved premises such as hotels and stately homes etc. Any premises that are presently approved for marriage will also be approved for civil partnership registrations until the current approval is renewed or expires. After 5 December, premises are approved for hosting both civil partnerships and marriages. Premises can choose to host marriages or civil partnerships or both.
It is possible for a civil partnership to be registered at the residence of someone who is housebound, detained or seriously ill and not expected to recover.
What formal requirements have to be met before registration can take place?
You and your partner will need to each give notice in the area(s) where you have lived for at least seven days. When you give notice, you will be asked to state where you wish the civil partnership registration to take place If a civil partnership is to be registered outside of the area you live in, you and your partner will still need to give notice in the area(s) where you live. When you each give notice, you will be asked to give the date and place where the civil partnership registration is to take place so these details will need to have been first agreed with the local authority where the registration is going to take place and the venue.
Example:
If you live in Brighton and your partner lives in Eastbourne, but you want to register a civil partnership in a country house hotel in Kent, you will give notice to your local register office in Brighton and your partner at Eastbourne register office. When you give this notice, you will both have to be able to give the date and the place where the civil partnership is to be registered, which means that you will have to have arranged this already with the venue and the Kent registration authority.
What is the waiting period for civil partnership?
There is a 15-day waiting period once each person has given notice of intention to register, before the civil partnership can be registered.
Example:
You give notice on 1 July and your partner gives notice on 3 July. The first date the registration can take place is on or after 19 July, which is 15 clear days from the date of the second notice. The notice is valid until 1 July the following year, which is 12 months from the date of the first notice.
It is possible to reduce the 15-day waiting period in exceptional circumstances where there are compelling reasons to do so.
There is also a procedure to allow couples to register a civil partnership quickly in the cases of former spouses, one of whom has changed gender under the provisions of the Gender Recognition Act 2004.
What time of day can a civil partnership be registered?
Civil partnerships can only be registered between 8am and 6pm (as is the case for marriage). However, where one of the couple is seriously ill and not expected to recover, then the civil partnership may be registered at any time.
What information will be made public about my civil partnership?
When you give notice of your intention to register a civil partnership, details from the notice will be available in a register office for public inspection (as for marriage) but the details will not include the address of you or your partner.
It is important that these details are publicly available during the 15 day waiting period, to allow for objections to be made, just as is the case for marriage.
What happens at a civil partnership registration?
A civil partnership is registered once the couple has signed the civil partnership document in the presence of a registrar and two witnesses.
If they wish to do so, the couple can speak to each other the words printed on the document: "I declare that I know of no legal reason why we may not register as each other's civil partner. I understand that on signing this document we will be forming a civil partnership with each other."
Civil partnership registration is an entirely secular process, and the Civil Partnership Act prevents any religious service from taking place during the statutory steps leading to the formation of a civil partnership.
Yes, you can arrange a ceremony in addition to the signing of the legal documentation if you wish, but a ceremony is not required under the Act. It is up to you to decide. Most local authorities in England and Wales will offer a ceremony but there are other organisations who also offer ceremonies too. The Association of Registrars and Celebratory Services, after consultation with members of the gay community, has drawn up a model ceremony which can be seen at http://www.arcs.uk.com/index.php?page=cps
What will the whole process cost?
The fees for registering a civil partnership are as follows:
Can I use Welsh?
Yes, all forms used in Wales in connection with civil partnerships will be printed in Welsh and English. It will be possible for these forms to be completed in English or in Welsh and English as for marriage.
Can we change our names after registering a civil partnership?
After registering a civil partnership, some people might want to change their surname to that of their partner’s, or a couple may choose to hyphenate their names. Government departments and agencies such as the Passport Agency and the DVLA will accept civil partnership certificates in the same way that they accept marriage certificates as evidence for changing names.
DISSOLVING A CIVIL PARTNERSHIP How will dissolution proceedings work?
Registering as civil partners is a serious commitment, because a civil partnership ends only on formal dissolution or annulment, or on the death of one of the parties.
The process for dissolution will be court-based. The person applying for the partnership to be dissolved will have to provide evidence that the civil partnership has broken down irretrievably.
The dissolution process will begin with an application to the court in the form required by the court rules for civil partnership proceedings.
In order to prove irretrievable breakdown it will be necessary to provide evidence of one or more of the following facts to support the application for dissolution:
The court will be required to inquire as far as is possible into the facts alleged by the applicant and into any facts alleged by their civil partner. If the court is satisfied on the evidence that the civil partnership has broken down irretrievably, a dissolution order can be granted.
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TREATMENT OF OVERSEAS RELATIONSHIPS
Will the UK recognise partnership schemes for same-sex couples that exist across Europe and beyond?
Same-sex couples who form certain "overseas relationships", that is certain legal relationships registered under the law of another country or territory, will automatically be treated as having formed a civil partnership and will not need to register in the UK as well, so long as they and their overseas relationship meets the requirements set out in the Civil Partnership Act.
These include requirements that the overseas relationship is either (a) one of the specified relationships listed in Schedule 20 to the Act, or (b) a relationship that meets the "general conditions" contained in section 214. The detailed guidance has more information on the criteria to be met for a relationship to be treated as a civil partnership in the UK.
The list of specified relationships in Schedule 20 currently contains: Andorra - unio estable de parella (stable union of pairs) Australia: Tasmania - significant relationship Belgium cohabitation légale, wettelijke samenwoning, gesetzliches zusammenwohnen (statutory cohabitation) Belgium marriage Canada - marriage Canada: Nova Scotia domestic partnership Canada: Quebec - union civile, civil union Denmark - registreret partnerskab (registered partnership) Finland - rekisteröity parisuhde registrerad partnerskap (registered partnership) France pacte civile de solidarité (civil solidarity pact) Germany Lebenspartnerschaft (life partnership) Iceland staðfesta samvist (confirmed cohabitation) Luxembourg - partenariat enregistré, eingetragene partnerschaft (registered partnership) Netherlands geregistreerde partnerschap (registered partnership) Netherlands marriage New Zealand - civil union Norway - registrert partnerskap (registered partnership) Sweden - registrerat partnerskap (registered partnership) United States of America: California – domestic partnership United States of America: Connecticut – civil union United States of America: Maine – domestic partnership United States of America: Massachusetts - marriage United States of America: New Jersey – domestic partnership United States of America: Vermont civil union
New relationships will be added to Schedule 20 as more countries or territories bring in gay marriage or civil partnership schemes.
Not necessarily. If the overseas relationship meets the “general conditions” in section 214 it would be capable of being treated as a civil partnership, so long as the other relevant requirements of Chapter 2 of Part 5 of the Act are also met.
In order for an overseas relationship to meet the general conditions it must, under the law of the country or territory in which it was formed,
Where two people have registered an overseas relationship which is specified in Schedule 20 or meets these general conditions, they will be treated as having formed a civil partnership if they meet the other requirements which can be found in section 212 and sections 215 to 218 of the Act. See the detailed guidance for more information.
It will not be necessary to form a civil partnership in the UK if your existing overseas relationship is treated as a civil partnership. (top)
If you have questions about immigration matters please contact the Immigration and Nationality Bureau on 0870 606 7766 or visit the immigration and Nationality Directorate (IND) website at www.ind.homeoffice.gov.uk.
Can my partner and I register as civil partners even if he or she isn’t a UK or EEA citizen?
There are restrictions where either of the proposed civil partners is subject to UK immigration control. A person will be subject to immigration control if they are not an EEA national and they require permission to enter or remain in the UK. EEA stands for European Economic Area and, for this purpose, includes Norway, Iceland, Liechtenstein and Switzerland as well as the European Union countries.
The civil partnership provisions for persons subject to immigration control are exactly the same as those already in place for spouses. People subject to immigration control who wish to give notice of a civil partnership will need to do so together at a Register Office designated for that purpose. A list of these offices is available at www.ind.homeoffice.gov.uk
When they give notice, they will be required to produce one of the following:
Registrars are required to report any civil partnerships to the Immigration Service if they have suspicions that it is being entered into as a means of circumventing immigration control.
What is entry clearance and how would I go about applying for it?
Entry clearance is the granting of permission to enter the UK by an Entry Clearance Officer in the British Embassy or High Commission in the country where you are normally and legally resident. It will usually be shown as a visa in the person's passport or travel document. It may also be possible to apply from a country where you are only temporarily resident. To find out where your nearest UK Overseas mission is and for more information about Visa Applications visit the UK Visas website at: www.ukvisas.gov.uk
Where can I get a Certificate of Approval from?
A certificate of approval can be obtained from the Immigration and Nationality Directorate. This will usually only be issued where the person has been granted leave to enter or remain for over six months from the date on which they entered the UK and where three months of that leave is still in force. The certificate of approval has to be surrendered to the registrar when notice is given. Application forms for certificates of approval are available on www.ind.homeoffice.gov.uk.
It will be possible to apply for entry clearance or a certificate of approval so that you can give notice as soon as the Civil Partnership Act comes into force on 5 December. Further guidance and information regarding applications will be available from the Immigration and Nationality Directorate in due course.
What immigration rights will my non-EU citizen partner have if we form a civil partnership?
Under the Civil Partnership Act, couples who register a civil partnership will have similar immigration rights to married couples. This will mean that the non-EEA civil partner of a British Citizen or person settled here will be able to apply for two years’ leave to enter or remain in the UK. If the civil partnership is still subsisting at the end of this period then an application for indefinite leave to remain may be made.
These rights will apply whether they have become civil partners by registering in the UK or by forming one of the recognised overseas relationships. These changes to immigration law will only apply from the time the Act comes into force. Detailed guidance on immigration rights for civil partners will be provided by the Immigration and Nationality Directorate in due course.
Can my same-sex partner join me in the UK before the Civil Partnership Act comes into force?
Until the Civil Partnership Act comes into force, the same-sex partner of a UK national or person with settled status in the UK may be able to apply for leave to enter or remain as an unmarried partner. To qualify, the parties must meet the requirements laid down in paragraphs 295A-H of the Immigration Rules which can be found at http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules.html
These requirements include that the parties must have been living together in a relationship akin to marriage for two years or more, that they intend to permanently live together and that they are able to maintain and accommodate themselves without recourse to public funds. Where such an application is successful, the foreign national partner will be granted leave to enter or remain in the UK for two years. At the end of this period, settlement will normally be granted, provided the relationship is still subsisting and the rules relating to unmarried partners continue to be met.
For those who cannot qualify under the unmarried partners rules it is possible to apply for leave to remain in the UK under a different category. Further details of other categories can be obtained on the Home Office's Immigration & Nationality Department on the contact details given above.
What about work permit or student visa holders?
Civil partners of people with temporary leave in the UK, such as students and work permit holders will be free to apply for leave in line with their civil partners. For example where the principal work permit holder has two years leave to remain in the UK their civil partner will also be granted two years leave in line. Should the principal work permit holder apply for indefinite leave to remain it will be open to their civil partner to also apply as a dependant.
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TAX, PENSIONS AND WORKPLACE BENEFITS
Will I have equal survivor pension rights as a civil partner, i.e. the same as for widowers?
Civil partners will be able to accrue survivor pensions in public service schemes and contracted-out pension schemes from 1988.
The Department for Work and Pensions has just made amendments to the contracting out rules to ensure that pension schemes provide survivor benefits for civil partners on the basis of deceased members' rights accrued from 6 April 1988, to treat them on a par with widowers. For full details of the changes go to: www.dwp.gov.uk/consultations/2005/index.asp
How will civil partnership affect tax?
For tax purposes civil partners will be treated the same as married couples. Tax charges and reliefs and anti-avoidance rules apply equally to married couples and civil partners, and those treated as such. Information is available from local tax offices and the HMRC web site www.hmrc.gov.uk
Civil partners and same-sex couples living together as it they were civil partners will be treated in the same way as married couples and opposite-sex couples living together as if they were married. Some of the changes take effect from 1 April 2006.
Civil partners and people living together as civil partners, will be jointly and severally liable for council tax in the same way that married couples and people living together as husband and wife are jointly and severally liable. This means that both partners in a same-sex couple are responsible for seeing that the bill is paid.
As of 1 April 2006, changes will be brought into effect to council tax discounts, exemptions, and to the way that council tax is recovered. See this link for further details: http://www.local.odpm.gov.uk/finance/ctax/ctil/5ctiloct05.pdf
For general information on council tax, contact your relevant local authority or go to http://www.local.odpm.gov.uk/finance/ctax/ctaxbillguide.pdf
Will I receive the same workplace benefits as a married employee?
The Employment Equality (Sexual Orientation) Regulations 2003 have been amended to require that civil partners and spouses should be treated in the same way in relation to workplace benefits. Employers can find out more information about how they will be affected by the Civil Partnership Act here.
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Updated December 2005 | © Crown copyright |
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