What is a civil partnership?
A civil partnership is a way for couples, irrespective of their gender, to formalise their relationship, without getting married. A civil partnership gives the relationship legal recognition.
A civil partnership gives a couple benefits that are not extended to people who are cohabiting. By entering a civil partnership, you become ‘Civil Partners’.
What legal rights do civil partners have?
Civil partnerships create the same legal rights as marriages. These rights include those in relation to property and assets, tax treatment such as couples’ allowances and the same rights which apply in terms of inheritance tax.
Civil partners can also apply for parental responsibility for a partner’s child or children.
How does civil partnership differ from marriage in the UK?
While both forms of partnership have similar rights from a legal point of view, there are differences in the way they are created and ended.
To enter a civil partnership, couples need only sign a civil partnership document, while a marriage requires the exchange of words at a formal religious or civil ceremony. The civil partnership certificate includes the names of both parents of each partner, whereas a marriage certificate only includes their fathers’ names.
Why choose civil partnership over marriage?
Some couples decide that they do not want to be married for personal or other reasons, such as a religious reason. Civil partnership provides the same legal protections as a married couple, but without marriage.
Another reason is that some people consider marriage to be out of touch with the modern world and modern values. For example, for there to be a valid marriage in England and Wales, consummation of the marriage is currently a prerequisite. Accordingly, if a marriage is not consummated, it can be annulled.
Civil partnerships do not include non-consummation as a reason to annul the partnership. Therefore, civil partnerships offer an alternative for those couples who believe that consummation should not be a prerequisite to a formalised legal partnership.
How do I enter a civil partnership?
You are free to enter a partnership if you are over the age of 18 and not currently married or in another civil partnership.
People 16 to 17 years of age may also enter a civil partnership, but only with parental consent.
To register the partnership, you give notice to the register office for the area in which you are living; after having lived there for at least seven days of residence in the area. You must then wait at least fifteen days, but less than a year before signing the civil partnership schedule in the presence of the Registrar and two witnesses.
You need to bear in mind that you cannot have a religious service at the same time as this registration; but there is nothing to stop you having a religious ceremony such as a blessing before or after the registration takes place.
Where can I have a Civil Partnership?
Partnerships can be formed in any building certified for Civil Marriage such as a Register Office or approved premise.
Can we exchange rings?
Though it isn’t legally required, there is nothing stopping you exchanging rings as part of a partnership ceremony.
What documents do we need?
To enter a civil partnership, you will probably be asked to show all or some of the following documents:
- evidence of nationality, age, and identity. A passport is ideal, however if this is not available a full birth certificate, with other supporting documents may be accepted.
- proof of residence, such as a bank statement or utility bill
- a death certificate if you are a widow, widower, or former civil partner.
- deed poll, change of name document or statutory declaration if you have changed your name.
- proof of dissolution of marriage or previous partnership such as a divorce decree absolute.
Following our civil partnership is there anything we need to do?
Following a civil partnership, new Wills will need to be made. Any previous Wills will be revoked, which means they have no effect. If you do not make new Wills, intestacy (no Will) rules will apply instead.
Do we need to change our names following our civil partnership?
There is no legal requirement for either of the couple to change their surname upon entering a civil partnership. However, most couples do decide to share the same surname, or double barrel their surnames.
What are the benefits of a civil partnership?
It affords the couple many of the same rights, obligations, and benefits as married couples:
- The same property rights and pension benefits as married couples
- No Stamp Duty Land Tax on transfers of property between civil partners (subject to particular circumstances)
- The same rights of next of kin which avoids issues relating to hospital visiting rights and medical treatment.
- Intestacy rules apply.
- Right to register the other’s death and make funeral arrangements.
When can I end a civil partnership?
For partnerships in England & Wales your civil partnership must have lasted for at least a year before you can apply to dissolve it.
Can I separate from my civil partner without getting the partnership dissolved?
Yes, civil partners can separate informally, or they can enter into a Separation Agreement if they wish to have a more formal separation.
Are there differences in procedures for ending a marriage and civil partnership?
No, the legal ground is the same, being the irretrievable breakdown of your relationship.
The only difference is in terminology. Divorce ends a marriage, and Dissolution ends a civil partnership.
What are my financial rights after ending a civil partnership?
Civil partners have the same financial rights as divorcing couples. They have a right to claim maintenance, lump sum payments, property transfer or sale and pension sharing or attachment orders.
