Civil Partnerships
Taken from the presentation from Karen Knapton, Superintendent Registrar to the LGBT Coalition meeting in October 2005.
Introduction
Civil partnerships are a new legal relationship that can be registered by two people of the same sex and gives the couple legal recognition for their relationship. They became law when the Civil Partnership Act 2004 came into force on 5 December 2005.
Who is eligible to register a civil partnership? Two people who are:
- of the same sex;
- are 18 years of age (if between 16-18 they have to provide evidence of consent same as for marriage);
- not in any existing marriage or civil partnership;
- not related within the prohibited degrees of relationship, as for marriage.
Couples have to give notice of intent to the Superintendent Registrar or Persons Authorised within the Registration Authority to take their notice of intent. Before they can give notice they have to have lived in the district for 7 days, same as for marriage. (Although the preliminaries are the same as for marriage a civil partnership is not a marriage. Marriage in law is a man to a women.)
If they are living in different registration authorities they have to give notice of intent to both. Once notice has been given it has to be displayed. It will be the same as for marriage except addresses will not be displayed just name, sex, occupation and place where registration is to be formed. It will not be displayed on the notice board as for marriages but could be on a PC on display. As with marriages details of when the ceremony was taking place would not be given out. This information is not in the public domain.
The partnership is formed once the couple sign the Schedule in front of a Civil Partnership Registrar and two witnesses.
Typically a variety of ceremonies are available and couples are able to put their own input into them. The ceremonies cannot include anything religious, the same as for marriages.
Civil Partnerships and immigration
At the same time as the Act came into force, the Immigration Rules and other provisions were amended to introduce a new category of ‘civil partner’. Civil partners are afforded the same provisions in the rules that previously only existed for spouses of persons present in the United Kingdom here in permanent and temporary categories.
This means that before a person subject to immigration control will be able to give notice of a civil partnership they will need to demonstrate to the registrars that they hold either:
- Entry clearance granted to register a civil partnership; or
- Written permission of the Secretary of State; or
- Settled status in the UK.
Provision for transgendered people
There is special provision within the Act for people who have transgendered. Where one person within a marriage has transgendered and they wish to stay together, on the day they get their official recognition certificate it breaks the marriage and they can get a civil partnership on the same day.
Dissolution
Civil partnerships will have to be dissolved in Court.
