Civil Partnerships
Who can register a civil partnership?
Only same-sex couples can register. Both partners must be over 16, unmarried and not already registered in another civil partnership.
How do we register?
It's a very simple process. Couples must have been living in England or Wales for at least a week and they must give 15 days notice that they want to register. You can register at any licensed location. Both partners will sign the register at an appointed time and place in the presence of a registrar and two witnesses.
What advangates are there for registered couples?
Civil partnerships can be ended just as marriages can.
The advantages include:
- A duty to provide reasonable maintenance for your partner and vice versa (and any children of the family). As with a marriage between heterosexual couples, financial support may continue after you've separated.
- If your partner dies, you will inherit their property and estate. You will also have rights to other relevant benefits, pensions and some types of tenancies.
What happens if things go wrong?
Civil partnerships can be ended just as marriages can. This has to be done by a court order and you must have registered the partnership at least a year before. The reasons for dissolving a partnership are:
- Unreasonable behaviour;
- 2 years separation (with mutual consent);
- 5 years separation (without mutual consent);
- One partner has deserted the other for 2 years.
How do you go about ending a civil partnership?
The court will make a "decree of dissolution", which will set out arrangements for residence and for contact with any children of the relationship. The court can also make financial provisions, such as transferring property and pensions and so on.
What about partnerships registered abroad?
Partnerships registered abroad are normally recognised in the UK. Civil partnerships registered in the UK may be recognised in another country, but this will vary depending on their law. If you have registered your civil partnership in the UK and live abroad, you may be able to separate there, but it may need to be done in the UK. However, partnerships registered abroad can be dissolved in the UK if you are now living here.
This fact sheet will give you some basic information about civil partnerships. You can also listen to it online or download it onto an MP3 player.
Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.
You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.