Civil Partnerships

On the 5th December 2005 the Civil Partnership Act came into force. The Act enables same-sex couples to ‘marry’ and acquire similar rights as married couples. This is an unprecedented move in recognising same-sex relationships and affording them the respect and recognition that married couples have.

In order to qualify under the Act you must be of the same sex; not already parties to a civil partnership or marriage; over the age of 18 (or over 16 with the appropriate consent); and do not fall within the prohibited class of relationships, i.e. siblings, parents, adoptive chid/parent etc.

It will offer protection for both partners in many respects, for example in terms of housing – by succeeding to a tenancy, recognition by the Benefits Agency and employment benefits and also the title of being each other’s ‘next of kin’.

The Act also provides for ‘divorce’ in the unhappy instance of a relationship breakdown, relying on similar grounds as for a conventional divorce, of unreasonable behaviour, 2 years separation with consent, 5 years separation or desertion. Also as with current divorce procedure no application can be made for at least 1 year from the date of the Civil Partnership. The Act deals with the division of assets following breakdown of the relationship, with much the same rights as married couples on divorce.

Perhaps most importantly, the Act has an impact on civil partners rights in respect of the children of the family. Partners are able to apply for parental responsibility, residence or contact. This comes at the same time as the new Adoption and Children Act 2002 comes into force, which affords same-sex and unmarried couples the opportunity to adopt children together.

back

Civil Partnerships

Services

Client Login Area