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 FAQs
Guide to Civil Partnership FAQs Still feeling a bit confused about the Civil Partnership Act and what it intrinsically means to you and your partner? Then check out some of the most commonplace queries we have handled over the past few months. Further info can be found at www.stonewall.org.uk and www.womenandequalityunit.gov.uk/lgbt/partnership 1. What is civil partnership? 2. When did the new law come into effect? 3. Why did we have to wait until December 2005? 4. Why ‘civil partnership’ and not marriage? 5. Is civil partnership available throughout the UK? 6. What are the main advantages to registering our partnership? 7. Do we have the same tax rights as married couples? 8. How do we go about registering our partnership? 9. My partner can’t get to a registry office – what should we do? 10. Does it cost anything to register our partnership? 11. Can we have a ceremony?
12. Can we choose the words for our ceremony? 13. What to wear? 1. What is civil partnership? Civil partnership is new legislation which recognizes all partnerships equally including same-sex relationships, for those aged 16 and over. It enables same-sex couples to gain legal recognition for their relationship. It is not ‘marriage’ in the religious sense of the word, but gives lesbian and gay couples the same legal benefits and responsibilities as heterosexual married couples, just like a registry office wedding. 2. When did the new law come into effect? The Civil Partnership Act came into effect on 5 December 2005, and as there is a 15- day notification period, the first partnerships were formed on 21 December 2005. 3. Why did we have to wait until December 2005? The Civil Partnership Act required a large number of administrative and bureaucratic changes to take place before it could work in practice. These included changes to the tax and benefits computer systems and training for registrars who would be carrying out the ceremonies. There were also a large number of changes to the law which needed to be made, including pensions legislation, court rules and immigration rules – everything from the criteria for Jobseeker’s Allowance through to the Explosive Substances Act 1883 was being revised to equalise the treatment of civil partners and spouses. 4. Why ‘civil partnership’ and not marriage? The rights and responsibilities of a civil partnership are ultimately the same as a heterosexual marriage. Civil partnership achieves parity with marriage in every respect, just with a different label in order to appease religious groups. 5. Is civil partnership available throughout the UK? Yes. The Civil Partnership Act applies to England, Wales, Scotland and Northern Ireland. 6. What are the main advantages to registering our partnership? Same-sex couples who register their partnership gain access to a number of legal rights. These include rights to parental responsibility, survivor pensions, recognition for immigration purposes, equal treatment for tax purposes, including inheritance tax, and protection from domestic violence. They are also exempt from testifying against each other in court, just like married couples, and gain next of kin rights, which avoid any problems regarding hospital visiting rights. 7. Do we have the same tax rights as married couples? Civil partners are treated in the same way as spouses for tax purposes. These changes were dealt with in the Finance Act following the Budget of 16 March 2005. The Inland Revenue can answer specific queries about taxation law at www.inlandrevenue.gov.uk. 8. How do we go about registering our partnership? Just as for straight couples, you need to go to the registration service at your local council to give formal notice in person of your intention to register your partnership. You will be able to register 15 days after giving this notice, during which time the registration service will check your eligibility. Following this, you form your civil partnership by signing a document in the presence of a registration officer and two witnesses. 9. My partner can’t get to a registry office – what should we do? There are special procedures for a couple where one partner is either ill or not expected to recover, or is detained in prison or hospital. The General Register Office can tell you what steps you need to take to register at www.gro.gov.uk. 10. Does it cost anything to register our partnership? There are statutory fees, as there are for marriage. For further details contact your local council or registry office, or the General Register Office at www.gro.gov.uk. 11. Can we have a ceremony? The Civil Partnership Act does not require a ceremony to happen and it actually prevents any religious service from taking place during the registration process. Just as with marriage, couples can arrange a ceremony in addition to the registration procedure if they want, and local authorities have been encouraged to provide such ceremonies when asked. Speak to the registrar if you want to tailor your own ceremony to include vowels, ring-exchange or a unique way to mark your celebration. 12. Can we choose the words for our ceremony? If you do decide to have a ceremony, you should discuss what you want to say with the registrar. If the ceremony is being offered by the local authority, they will need to agree the content. There is now a standard form of words available from the General Register Office and local registrars that you can use or adapt to your own needs, although the words themselves have no legal significance. 13. What to wear? It is completely up to you! The great thing about Civil Partnership is that there are no traditions, so you can tailor make every aspect.
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