Registration of a Civil Partnership

The registration of a Civil Partnership is carried out at a register office after the following actions have been taken:

• The eligible couple must both give notice at a Register Office of their intent to register a Civil Partnership. Both parties must have lived in England or Wales for at least 7 days immediately prior to giving notice. With the notice they are also required to submit, in writing, a formal declaration confirming that neither knows of any legal impediment to the formation of the Civil Partnership and that the 7 day residential requirement has been met.
• Other than in exceptional circumstances there is then a 15 clear days waiting period during which time any relevant information, apart from the addresses, of the proposed civil partners is made public and any third parties who wish to do so are able to lodge their objections.
• At the end of the waiting period, if satisfied that there is no legal impediment to the couple forming a Civil Partnership, the registration authority is obliged to issue a Civil Partnership schedule at the request of either of the proposed partners.
• Once issued the couple have 12 months from the date the notice to register was issued in which to sign the document and have the partnership formally registered.
• The Civil Partnership document must then be signed by the couple in the presence of each other, a registrar and two witnesses, who must also sign the document. The partnership will then be recorded in the register.

Special Circumstances and Provisions

In special circumstances, usually where one of the proposed Civil Partners is seriously ill and unlikely to recover, the Registrar General can authorise a special procedure for speeding up a registration.

There are special provisions for members of the British Armed Forces, and people who are housebound, in hospital or prison. Special provisions also apply where one of the proposed partners is resident in Scotland or Northern Ireland.

Property & Financial Arrangements

In respect of financial matters the position of Civil Partners is similar to that of spouses including the laws regarding Wills, Administration of Estates and Family Provision as well as Inheritance Tax exemptions. Any Life Insurance money paid to a partner upon the death of the other is not included as part of the deceased’s estate.

Dissolving a Partnership

Civil Partnership, like marriage, can only be ended by the death or presumed death of one of the partners or by a Court Order. The Courts, depending upon the circumstances may make any of the following:

• A Dissolution order - similar to a divorce. The Partnership must have lasted at least one year.
• Annulment of the Partnership.
• Provide for the separation of the parties.

These orders are initially conditional orders which are made final 6 weeks from the date of the conditional order. The Court may, in certain special circumstances, reduce this period if it feels it appropriate to do so.

Parties must wait for at least a year from the date the partnership was recorded before they can apply to dissolve the partnership and the parties must be certain that the relationship has irretrievably broken down. The grounds that must be satisfied are similar to those of divorce however, whilst adultery may be given as an example of the unreasonable behaviour of the respondent it cannot be relied upon as a ground in its own right.

It is the responsibility of the applicant (the party applying for the dissolution) to satisfy the Court that one or more of the following applies:

• The behaviour of the respondent (the other partner) is such that the applicant could not be expected to live with them.
• Both parties agree to the dissolution and have been separated for 2 years.
• Separation for 5 years (if only one party wants the partnership dissolved).
• The desertion of the applicant by the respondent for a period of 2 years or more. This is extremely rare.

An application for dissolution based on a 5 year separation may be refused by the Court if it feels this will cause the respondent serious financial hardship, although this is a very rare occurrence. The Court will also expect that the applicant has been prompted by their solicitor to discuss the possibility of reconciliation and if the Court feels that there is a reasonable chance that the couple may be reconciled it will adjourn the application. On the dissolution, annulment or judicial separation of Civil Partners either partner can apply to the Court for financial orders which include the payment of lump sums, periodical payments, property adjustment, sale of property and pension sharing. The Court may also order interim maintenance to be paid while financial proceedings are pending. In making orders the Court will consider all the circumstances of the case including the following points:

• The income, property and any other funds each partner has now and any monies or assets which are likely to become available in the near future, as well as prospects for increased earnings.
• All financial commitments and responsibilities as well as the needs of each partner now and those they are likely to have in the near future.
• The standard of living the family enjoyed prior to the breakdown of the partnership.
• The contribution each partner has made and would have been likely to make to the welfare of the family. This includes looking after the home and caring for the family.
• The welfare of any children and in particular those children under 18 years.
• The value of any benefits to either partner that will be lost to them as a result of the dissolution or annulment of the Civil Partnership.
• Any physical or mental disability of either partner.
• The age of each partner.
• The duration of the Civil Partnership.
• Any behaviour, by either partner, that would be unfair to ignore.

With regard to the duration of the Civil Partnership the Courts may consider the period of any pre-registration cohabitation as extending the length of the actual Civil Partnership, even if this in itself was relatively short, and may as a result increase the financial settlement of the partner with least money.

In order to make it possible for partners to move on the Court will try to end the financial obligations the partners have for each other as soon as is fair and reasonable to do so. They may therefore give due consideration to restricting the periodical payments to a term sufficient to permit the dependant partner to adapt without too much hardship.

Children

The Civil Partnership Act 2004 gives Civil Partners the same responsibilities and legal rights as married couples in relation to children. Application can be made to the Court for contact or residence orders regarding children of the family and, as step-parents, Civil Partners can apply for parental responsibility. They are also able to adopt jointly.

With these rights also comes responsibility and Civil Partners have a duty to provide financially for children of the family and may be ordered to make a range of payments and child support.

The Court’s priority will always be the welfare of any children and, when considering a dissolution, nullity or separation order, will bear in mind any children who require their protection. Children under the age of 16 years will be taken into account in the Court’s deliberations but it may also include older children if it feels it appropriate to do so. They may even postpone the making of the final order to ensure children are protected and provided for.

Housing

Civil Partners have the same rights as a married couple regarding housing and tenancies. A civil partner can succeed to a tenancy, take advantage of the right to buy legislation as a member of the family and benefit from the right to occupy the shared home. They can also seek protection from domestic violence in the form of non-molestation and occupation orders.

Advice

The signing of a Civil Partnership registration document by a couple is a commitment made not only to each other but to a range of legal rights and responsibilities. It may be helpful for prospective civil partners, especially those who are well established financially, to seek legal advice and assistance on drawing up a pre-registration agreement. A properly prepared pre-registration agreement, whilst not legally binding on the Courts, will if properly prepared be persuasive on the Courts.

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