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Civil Partnerships - Frequently asked questions

• What is a Civil Partnership?
• Is a Civil Partnership like a marriage?
• How are Civil Partnerships created?
• What are the Financial Implications of entering into a Civil Partnership?
• How are Civil Partnerships brought to an end?

What is a Civil Partnership?

A Civil Partnership is the legally recognised relationship between 2 members of the same sex who are living together. The new Law enabling the registration of such partnerships came into force on 5th December 2005.

Is a Civil Partnership like a marriage?

Yes and no. The eligibility criteria are broadly similar, each party must not already be married or a Civil Partner and must not be under the age of 16 or be closely related.

How are Civil Partnerships created?

The standard procedure is that you have to give 15 days notice to your local Register Office. After this period has elapsed you can register your Civil Partnership by signing a Civil Partnership schedule in front of the Registrar and 2 witnesses. However, there cannot as yet be a religious element to the procedure, there is no prescribed ceremony or wording.

What are the Financial Implications of entering into a Civil Partnership?

Civil partners will be treated in the same way as married couples for all tax purposes and in relation to many benefits. Most pension entitlements will be brought into line with those enjoyed by married people, although not fully until 2010. Civil partners will have a duty to maintain each other and any children of the partnership. They will also be able to acquire Parental Responsibility for their partners children in certain circumstances and to adopt a child jointly.

How are Civil Partnerships brought to an end?

A Civil Partnership can be ended only by death, dissolution or annulment. Dissolution will be Court based and there are similar considerations to that of a divorcing couple. The grounds for dissolution will be very similar to those for divorce:

• Unreasonable behaviour
• 2 years separation with consent
• 5 years separation without consent
• 1 partner deserting the other for 2 years

However, a civil partner will not be able to apply for a Dissolution Order until 1 year has elapsed since the formation of the partnership.

Upon dissolution the Courts will have the power to make provision for the division of property, (including pensions), the maintenance of either civil partner and residence and contact with, maintenance of, any children of the partnership. However, it is not necessary to go to Court to obtain these types of Orders if the parties can agree how they want to deal with their finances and any issues which relate to the children of that partnership. A good alternative to Court is the Collaborative process, details of which can be found elsewhere on our website.