What is the Civil Partnership Act?

The act is intended to give couples in same sex relationships and who enter into a Civil Partnership the same rights and responsibilities as those who enter civil marriage.

Is It Marriage?

The Government was keen to play down the similarity between civil partnership and marriage, however in reality where a civil partnership is formed there are very few differences between civil marriage and civil partnership.

Differences

A civil partnership is formed when the second civil partner signs the Civil Partnership document whereas a civil marriage is formed when the couples exchange spoken words.

Non-consummation is not a ground for annulment of civil partnership whereas it is a ground for the annulment of civil marriage. In fact there is no requirement that the relationship must be sexual.

There is no ability to dissolve a civil partnership based on adultery.

A civil partnership is not holy matrimony there are no religious connotations, however it is akin in all ways except those highlighted above to civil marriage.

Who is eligible to enter a civil partnership?

In order to be eligible to register a civil partnership the parties must not be:

• Of the opposite sex
• Already a civil partner already married
• Under 16 years of age
• Within prohibited degrees of relationship
• Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other:

Absolute Prohibitions

• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

Sibling means brother or sister or half brother or half sister. Also included in the definition of prohibited degrees of relationship are two people who fall in the list below in relation to each other unless both of them are over 21 at the time they register and at no time has the younger of the two before the age of 18 been a child of the family in relation to the other:

• Child of former civil partner
• Child of former spouse
• Former civil partner or grandparent
• Former civil partner or parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Two people are within prohibited degrees of relationship if one falls within column one of the table below in relation to the other unless:

Qualified Prohibitions

• Both of them have reached 21 at the time they register as civil partners of each other.
• The person who falls within column two is dead.

Parental Consent Where proposed Civil Partner Under 18

The consent of an appropriate person is required before a child and another person may register as civil partners of each other. A child means a person who is under 18.

Formation

A civil partnership is formed when two people have signed a Civil Partnership document in the presence of each other, the Registrar must also sign the Civil Partnership document.

There are four distinct types of pre-registration procedure:

• Standard procedure
• The procedure for house bound persons
• The procedure for detained persons
• The special procedure (which is for cases where a person is seriously ill and not expected to recover)

There are certain modifications to the procedures in the case of non-residents and where a former spouse has undergone a sex change. There are also modifications where there is an exception to the prohibition of civil partnership see above qualified prohibitions.

The registration of a civil partnership must take place in England and Wales (or there are provisions for civil partnerships to be registered in Scotland, Northern Ireland or outside the UK).

The registration of a civil partnership must not take place in religious premises.

The premises used must be included in the Notice of Civil Partnership and must be open to anyone wishing to attend the registration and must be agreed by the Registration Authority. It is likely that in practice that the Registration Authorities will simply make facilities currently available for civil marriages available to those wishing to register a civil partnership.

The Standard Procedure

There is provision for each of the would be civil partners to give notice of the proposed partnership to a Registration Authority. It is possible to choose in which Registration Authority you wish to register. Each individual Registration Authority may have certain information that must appear in the Notice but the Registration Authority may require a proposed civil partner to provide evidence of:

• Name and surname
• Any former civil partnership or marriage and proof of their termination
• Nationality
• Residence in England and Wales for the seven days preceding the notice
• Both proposed civil partners must have resided in England and Wales for at least seven days prior to giving the notice.

There is then a waiting period of a further 15 days.

There is no requirement that proposed civil partners who wish to register for example in Torbay have their usual place of residence somewhere within in the geographical area covered by Torbay Registration Authority.

The Notice must be signed by the proposed civil partner in the presence of a Registration Office or someone similar authorised to attest Notices.

During the waiting period the Notice must be publicised both in the Registration Authority area in which the registration is to take place and in the Registration Authority area in which both partners live.

The details to be published will include the name of the person giving notice and that person’s proposed civil partner and any other information that maybe prescribed by regulations.

A waiting period of 15 begins with the day that the Notice was recorded. The Notice period can be shortened in compelling and exceptional circumstances, for example if one of the civil partners was in the Army and was due to be posted abroad to somewhere where he or she is at risk of losing his or her life.

An objection may be raised within the waiting period by any person. The objection will be investigated and either dismissed or upheld.

If the objector is found to have made a frivolous objection he may be liable for the costs of the Registrar General and may even be liable to pay damages to the civil partner to whom the objection relates.

Civil Partnership Schedule

As soon as the 15-day waiting period is over the Registrar is under a duty at the request of one or both of the proposed civil partners to issue a civil partnership schedule. The proposed civil partners have 12 months from the day the first civil partners notice of proposed civil partnership was recorded to sign the civil partnership schedule. Once signed a Civil Partnership will have been formed.

There is no prescribed ceremony and there is no standard wording.

Termination of Civil Partnership

A Civil Partnership may be terminated by nullity, dissolution, legal separation or applying for presumption of death Order.

Dissolution cannot take place before one year and needs the same grounds as divorce except for adultery. See Divorce Fact Sheet.

Financial Provision on Termination

The purpose of the Civil Partnership regime is to extend all of those rights and responsibilities invoked by marriage between opposite sex couples, at least as regards ancillary relief, to same sex couples who choose to register a Civil Partnership. See Ancillary Relief Fact Sheet.

Children

Historically the Courts have adopted an unhelpful or positively hostile attitude to lesbian or gay parents in proceedings concerning children.

Contact / Residence

Civil Partners will be able to apply for residence or contact Orders in relation to a Civil Partnership to which the child is a child of the family, without having to seek leave.

There are various provisions under the Adoption and Children Act 2002 not in force yet whereby civil partners may acquire Parental Responsibility.