Civil Partnerships
What is Civil Partnership?
Same-sex couples across the UK can have their relationships
legally recognised. Any couple that registers a civil partnership
will have the same rights as a married couple in areas like Tax,
Social Security, Inheritance and Workplace Benefits. The following
pages provide information about civil partnership in England and
Wales.
Who Can Register?
Two people can register a civil partnership who are:
Of the same sex 16 or over (with consent if under 18)
Not already married or in a civil partnership
Not closely related (e.g. parent, sister, niece, uncle)
How do we Register a Civil Partnership?
Initially you are required to give notice of your intention to
register to your local Register Office. After fifteen clear days
you can then register your civil partnership by signing a civil
partnership schedule in front of the registrar and your two
witnesses. You will have to pay fees to give notice and to
register.
- Get advice and information: Your local Register Office or can
help.
- Decide where you want to register: You can register in the same
sorts of places where you can get married: a register office or a
venue like hotel, if it is approved for the purpose. However you
cannot register at a religious venue.
- Fix the date: If you are registering at an approved venue,
remember to check that a registrar can attend on that day.
- Arrange to give notice of your intention to register: You both
have to give notice of at least fifteen clear days before the date
of registering, you must arrange for each of you to give notice to
a Register Office for the area in which you have lived for the
seven days before giving notice. You will have certain documents
with you (such as your birth certificate) check in advance with the
registrar.
- Get registered: A civil partnership is formed when each person
signs the civil partnership schedule in front of the registrar and
their two witnesses. If you want a ceremony around these
formalities, you should discuss it with the Register Office and the
venue. However no religious service can take place while the
registrar is officiating at the formation of a civil
partnership.
Example
Sam and Alex live in Surrey and book a hotel in Kent for their
civil partnership. They make arrangements with the venue and check
with the Register Office in Kent that the registrar can attend on
their preferred date. They each need to give notice to their local
Register Office in Surrey at least 15 clear days before their
registration date. So if they wanted to register on 19th January,
they must give notice on or before the 3rd January.
Overseas relationships
Some same-sex overseas relationships will automatically be
treated as civil partnerships in the UK. If you are already
registered or married abroad you may not need to register again to
be legally recognised as civil partners in the UK. Full details of
overseas schemes which may be recognised in the UK can be found in
the Related Links section.
Immigration Control
You have to follow special procedures if you want a civil
partnership with someone subject to immigration control (e.g.
staying in the UK on a visa). For example, when you give notice,
you will need to go together to a specially designated Register
Office. For more information about immigration related issues,
contact the Immigration and Nationality Bureau on 0870 606 7766 and
see the Related Links section.
Civil Partnership Your Rights and Responsibilities
Getting registered is a serious decision. As well as being an
important commitment, there are significant consequences bringing
both rights and responsibilities.
Financial Implications
There are some important financial implications to registering
as civil partners or living together in a same-sex
relationship.
Pensions
Civil partners have most of the same state pension rights as
husbands and are treated the same as husbands and wives after
2010, when the treatment of men and women is to be equalised. For
further information you should contact the office that deals with
your pension. Civil partners are also entitled to a
survivors pension from their civil partners contracted-out
occupational or personal pension scheme, public service pension
scheme or non-contracted out scheme, which currently pays survivor
benefits to widows or widowers. Contact The Pension Service on 0845
6060265 for more information.
Tax
Civil partners are treated in the same way as married
people for all tax purposes, including inheritance tax and capital
gains tax. Go to your tax office for more information and also see
the Related Links section.
Social Security Benefits and Tax Credits
The income of a civil partner or a cohabiting same-sex
partner is taken into account when calculating entitlement to
income related benefits (e.g. income support) and tax credits. This
means they are treated the same as a married couple and a
cohabiting opposite sex couple. If you are living together in a
same-sex relationship, regardless of whether you register as civil
partners, 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.
Family Matters
Children and Parenting: Some same-sex couples have caring
responsibilities for children. The law recognises the role of both
civil partners in respect of a child living in their
household. Since the Adoption and Children Act 2002
came into force on 30 December 2005 a person can acquire
parental responsibility for their civil partners' child. They can
do this with the agreement of their civil partner, as long as the
civil partner has parental responsibility themselves. If the
child's other parent also has parental responsibility, both parents
must agree. Parental responsibility can also be acquired on
application to the court.In addition, under the Adoption and
Children Act, same-sex couples, including civil partners, will be
able to apply to adopt a child jointly. For more information about
parental responsibility consult your local Citizens Advice Bureau
or a family solicitor. For more information about adoption contact
your local council and see the Related Links section.
Maintenance
Civil partners have a duty to provide maintenance for each other
and for any children of the civil partnership.
Child Support
Civil partners who are parents are treated in the same way
as married partners for Child Support. Also, parents who are living
with a same-sex partner even when they have not formed a civil
partnership are treated in the same way as parents who live
together with an opposite-sex partner, but are not married.
Depending on your circumstances, this could affect the amount of
maintenance paid for your child. For further information you should
contact the Child Support Agency on: 08457 133133.
Other Rights and Responsibilities
In the workplace
Employers are required to treat their civil partner
employees in the same way as married employees in similar
circumstances. For example, if a company makes private health
insurance available to the spouse of an employee, it will also have
to be available to employees' civil partners where the employee
occupies a similar job. More information for employers on civil
partnership can be found in the Related Links section.
Leave to remain in the UK
Civil partners of British citizens and persons settled
here are able to apply for an initial period of two years
leave to remain in the United Kingdom. If they are still in the
civil partnership at the end of that period they will be entitled
to apply for indefinite leave to remain in the UK.
When one civil partner dies
Inheriting property
A bereaved civil partner is treated in the same way as a
widow or widower in relation to inheriting their deceased civil
partner's estate, in particular if he or she died without making a
will.
Inheriting a tenancy
A person is entitled to inherit their civil partners
tenancy upon their death, in the same way that a widow or widower
can.
Life assurance
Civil partners have the right to obtain assurance on their civil
partners life on a basis equivalent to married people.
Fatal accidents compensation
If a person dies in an accident caused by someone else's
negligence, then that person's civil partner, or someone who has
been living with the deceased as a civil partner for at least 2
years, is entitled to claim compensation for financial loss.
They are also entitled to claim bereavement damages.
Criminal Injuries Compensation Scheme
Civil partners are entitled to a fatal injury award on the
same basis as married people.
Relationship Support
Problems arise in all relationships, which you may not be able
to solve on your own. There are people you can go to for advice or
counselling to help you work through these difficulties. Contact
Relate on: 0845 456 1310.
Domestic violence
There are a range of legal protections open to all couples.
These include Non-Molestation Orders, which are used to restrain
someone from threatening or causing violence to you; and Occupation
Orders, which sort out who should stay in the home shared by the
couple to protect either party (or any children) from domestic
violence. Anyone effected by domestic violence, or the threat of it
can phone the domestic violence national free phone 24-hour
helpline on 0808 2000 247 or Broken Rainbow (Lesbian, gay, bisexual
and transgender domestic violence forum) on 0845 2604460 (available
9am 1pm; 2pm 5pm). In an emergency, always call the police by
dialling 999.
Ending a Civil Partnership
A civil partnership can only be ended by death, dissolution or
annulment. Dissolution is a court-based process and as with
marriage you will need to talk to a solicitor if you want to
dissolve your civil partnership, though you cannot dissolve it less
than a year after it is formed. The grounds for dissolving a civil
partnership are:
- Unreasonable behaviour; 2 years separation (with consent);
- 5 years separation (without consent);
- One partner has deserted the other for 2 years
Annulment only applies in specific situations, for example where
one of the couple did not validly consent to the civil partnership.
The courts will have the power to make provision for the division
of property upon separation, the maintenance of either civil
partner, and residence and contact with any children on the civil
partnership and the maintenance of the child
Contacts for further information
For more information about civil partnership see the Women and
Equality Unit website in the Related Links section or write to
Civil Partnership, WEU, 1 Victoria Street, London, SW1H 0ET