Civil Partnership

Civil partnership is a relationship between two people of the same sex. To form a civil partnership both parties must be over 16, must not be married or already have a civil partner and must not be within certain prohibited degrees of relationship.

A civil partnership is formed when two people sign a civil partnership document in the presence of each other, two witnesses and a registrar. The partners must give notice of the proposed civil partnership to a registration authority and have resided in England and Wales for at least seven days immediately before giving notice.

The effect of a civil partnership is to provide each civil partner with the same rights and obligations that they would have had if they were married. These include the right to acquire parental responsibility of their partner’s child, the right to apply for a residence or contact order without the court’s prior permission and the right to apply for non molestation and occupation orders. The formation of a civil partnership will also affect adoption rights, housing rights, wills and applications for compensation in the event of a fatal accident.

Civil partnerships end only on death, dissolution or annulment. The grounds for dissolution are the same as in divorce (save for adultery) and the court can make similar orders for financial provision as can be made within divorce, i.e. for periodical payments, lump sum orders, property adjustment orders, pension sharing orders, etc.

Frequently Asked Questions About Civil Partnership

Is legal assistance required in order to form a civil partnership?

No, the registrar can be approached to advise on the formalities of undertaking a civil partnership. However legal advice can assist in ensuring that the legal implications of entering into a civil partnership are fully understood.

If a same sex couple lived together without entering into a civil partnership, do they acquire rights against each other?

No, the rights afforded to civil partners can only be acquired if a civil partnership is entered into. They will not apply to co-habiting same sex couples.

 

 

If you would like to discuss how we might help you, please:

 

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Members of our team specialising in this area:

Jane Charlton, Stephen Holmes, Jason Lazard, Sarah Wright

Amanda Asbery, Felicia D'Amelio, Vicki De Spirito, Jan Ewing, Peter Hampson, Sophie Jackson, Yvonne Noble, Harbir Pattar, Felicity Shedden