What is a Civil Partnership?

Under the Civil Partnership Act 2005 (CPA) which came into force on 5 December 2005, registered same-sex couples will have legal recognition and will enjoy many of the same rights as a married couple in civil law. 

Although Civil Partnership is an entirely new legal status, it has been constructed as closely to marriage as possible. 

As a result, this has effected a wide range of different areas of law, such as immigration, tax and family law. 

What are the benefits of making a Civil Partnership?

Once  a Civil Partnership has been registered, the relationship will be automatically treated in the same manner as a traditional marriage and the parties will effectively be treated by law as a ‘spouse’.  Benefits for registering a Civil Partnership include:

‘Home Rights’ for same-sex couples.  These rights are similar to matrimonial home rights enjoyed by a spouse to occupy property occupied by the other spouse. 

Tax benefits such as exemptions for Inheritance Tax. 

Legal parental responsibility for the partner’s children. 

Recognition under the Intestacy Rules. 

Under the new legislation, on the dissolution of the Civil Partnership, there will be divorce-like formalities to follow.

For example

Expectation of a fair share in any joint property.

‘Appropriate’ contact with any children of the partnership.

Any Wills in existence prior to the registration of a Civil Partnership will automatically be revoked. 

How do I make a Civil Partnership?

Civil Partnerships are made by registration. 

There is a set procedure to follow, beginning with giving the Registrar notice of intention to register the Partnership and the making of a written declaration that there is no lawful reason that the registration should not take place. 

To be eligible for registration of a Civil Partnership, the parties must be:

Of the same sex

Single

Outside the prohibited degrees of relationship – eg sibling, parent, grandparent

At least 18 or 16 if they have parental / guardian consent.

For more information on Civil Partnerships, please call our Family Law department on 0113 245 0733 or contact us via our Contact Page. What is a Civil Partnership?

What is a Civil Partnership?

Under the Civil Partnership Act 2005 (CPA) which came into force on 5 December 2005, registered same-sex couples will have legal recognition and will enjoy many of the same rights as a married couple in civil law. 

Although Civil Partnership is an entirely new legal status, it has been constructed as closely to marriage as possible. 

As a result, this has effected a wide range of different areas of law, such as immigration, tax and family law. 

What are the benefits of making a Civil Partnership?

Once  a Civil Partnership has been registered, the relationship will be automatically treated in the same manner as a traditional marriage and the parties will effectively be treated by law as a ‘spouse’.  Benefits for registering a Civil Partnership include:

  • ‘Home Rights’ for same-sex couples.  These rights are similar to matrimonial home rights enjoyed by a spouse to occupy property occupied by the other spouse. 
  • Tax benefits such as exemptions for Inheritance Tax. 
  • Legal parental responsibility for the partner’s children. 
  • Recognition under the Intestacy Rules. 

Under the new legislation, on the dissolution of the Civil Partnership, there will be divorce-like formalities to follow.

For example

  • Expectation of a fair share in any joint property.
  • ‘Appropriate’ contact with any children of the partnership.

Any Wills in existence prior to the registration of a Civil Partnership will automatically be revoked. 

How do I make a Civil Partnership?

Civil Partnerships are made by registration. 

There is a set procedure to follow, beginning with giving the Registrar notice of intention to register the Partnership and the making of a written declaration that there is no lawful reason that the registration should not take place. 

To be eligible for registration of a Civil Partnership, the parties must be:

  • Of the same sex
  • Single
  • Outside the prohibited degrees of relationship – eg sibling, parent, grandparent
  • At least 18 or 16 if they have parental / guardian consent.

For more information on Civil Partnerships, please call our Family Law department on 033 3344 9600 or contact us via our Contact Page.