Civil Partnership Weddings
General Information Please seek further advice and guidance at your local authority in Question
Since December 2005 same sex couples in permanent relationships have had the opportunity to have their relationship recognised in law. The Civil Partnership Act 2004 created a new legal relationship of civil partners. This provides couples with parity of treatment in a wide range of legal matters with opposite sex couples who enter into marriage. The Government intends that registered civil partnership should be long term stable relationships. Opposite sex couples are not eligible for civil partnership registration as they can obtain the same rights and responsibilities by marriage. There will be a formal court based process for dissolution of a partnership.
Rights and responsibilities for civil partners
Civil partnership registration provides a framework whereby partners can acknowledge their mutual responsibilities and manage their financial arrangements reflecting the commitment they make to each other. These rights and responsibilities apply during the partnership and also on the death of a partner or the ending of the relationship. Partners will be recognised in many areas, some of which have caused difficulties in the past. These include recognition under intestacy rules and life assurance, for tax purposes, for pension and employment benefits, the inheritance of tenancy agreements, death registration of a partner, recognition for immigration and nationality purposes, parental responsibility and others.
More information at www.womenandequalityunit.gov.uk/civil partnership and
www.gro.gov.uk/gro/content/civil partnerships
The process of forming a civil partnership
A partnership formation takes effect when the couple sign to register their partnership in the presence of two witnesses and a registration officer. They must first complete the legal preliminaries :-
- Both reside for at least 7 days in England or Wales
- Give notice of their intention to form a civil partnership by attending their local register office. If either or both partners are subject to immigration controls then both parties must attend together to a designated register office is a designated office) with proof of their eligibility from the Home Office.
- Notices are on public display for a 15 day waiting period.
- The partnership formation can then take place.
Requirements for notice giving
- The couple must be of the same sex, over 18 years (or provide evidence of consent of parent/s/guardian if 16 to 18 years), not related to each other within the prohibited degrees of relationship and not in an existing marriage or civil partnership. They must also have lived concurrently for at least 7 days in the area where notice is being given.
- You must have decided on the venue for your civil partnership formation before you attend to give your notice.
- Evidence must be produced for identity and nationality - a current passport is best for this and some proof of residence- council tax or utility bill.
- Proof of the ending of any former marriage or civil partnership will also be required.
- For anyone subject to immigration control Home Office approval will be required. People already living in the UK will need either indefinite leave to remain in their current passport or a certificate of approval granted by the Home Office.
- For people abroad then entry clearance or visa for the purpose of forming a civil partnership will be required.
- Please note that if you are both subject to immigration controls then you must each hold one of the above authorities to be able to give notice of your intention to form a civil partnership. You must both attend to give notice together at a designated register office if either party has Home Office authority to give notice.
- You should ensure that application is made on the specific form for Civil Partnership, IND advise that applications on similar forms for Certificate of Approval for Marriage cannot be used for Civil Partnership.
- For further information and advice on these immigration matters please contact IND as above.
The formation of the civil partnership
After at least the 15 day waiting period the registration of the partnership can take place. This must be between 8 am and 6pm in the presence of two witnesses and a registration officer. The formation can take place in any local authority, not only where the notices of intention have been given, at Register Offices and premises approved for civil partnership and marriage. The formation cannot take place in places of religious worship or buildings with a religious association.
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