The Civil Partnership Act came into force on the 5th December 2005. It allows same sex couples to enter into a ‘Civil Partnership’ and in doing so, it gives them similar rights to married couples. The Civil Partnership Act only applies to same sex couples and not heterosexual couples. A Civil Partnership will only end on death, dissolution or an annulment.
Why was the Act introduced?
Generally, unmarried cohabiting couples have no rights in Family Law in the event of relationship breakdown. For example a person living in a house which is in their partner’s name has no consequential rights over that property merely because of that relationship regardless of how long they have lived together. Many cohabiting couples are unaware of their legal position and some even think they possess similar rights to married couples, often due to the myth of the ‘Common Law Marriage’.
Although heterosexual couples have always had the option of securing their rights by getting married, homosexual couples have never been afforded this opportunity. The Civil Partnership Act also allows a homosexual couple to have their relationship publicly recognized.
Procedure
Your intention to enter into a Civil Partnership needs to be registered with a Registration Authority. Following this, there is a 15-day waiting period.
The Registrar must then issue a schedule at the request of one of the partners. The partners have 12 months in which to sign the schedule from the date on which the first Civil Partners gave notice of the proposed Civil Partnership. Once both partners have signed the schedule, a Civil Partnership is formed. The ceremony is entirely non-religious. The Act explicitly excludes any ceremony from taking place within religious premises.
Seeking Advice
Changing the status of your relationship can have important legal consequences. It can give your partner a claim over your income, property capital, pension or your estate on death. If you are considering entering into a Civil Partnership or would just like to know how your property rights would be affected upon the breakdown of a relationship or on death, please contact a member of our family team.
