Civil Registration of Partnerships

Many of the legal issues which discriminate against same sex couples arise from the lack of legal status for their partnership.  The Government has provided legal recognition through the Civil Partnership Act 2004 (passed November 2004).The first registrations under the new Act  place in December 2005. The Act has required extensive amendments to be made to the tax and benefits system as well as training for registrars.

Many unmarried heterosexual couples falsely believe that they are in a "common law marriage" and that this gives them some legal rights.  Unmarried or unregistered couples will, however, be treated in the same way as married couples for the purposes of receiving benefits and credits i.e. they will receive less than 2 separate single people. All people, regardless of status, are treated individually as regards state pensions. All benefits which employers provide for married couples should also be made available for Civil Partners. 

Rights and responsibilities will include:

• Joint treatment for income-related benefits
• Ability to gain parental responsibility for each other's children
• Recognition for immigration purposes
• Exemption from testifying against each other in court

Rights and responsibilities on dissolution will include:

·              Fair arrangements for property division

·              Residence arrangements

·              Appropriate contact with children

Rights and responsibilities following the death of one partner will include:

• Right to register the death of a partner
• Right to claim a survivor pension
• Eligibility for bereavement benefits
• Compensation for fatal accidents or criminal injuries
• Recognition under inheritance and intestacy rules
• Tenancy succession rights

Civil Registration of Partnerships will only be open to same sex couples because - the Government argues - heterosexual couples have the option of marriage.   

Civil Partnership Register in Nottingham

The legal status of same sex couples in permanent relationships changed at the end of this 2005 with the introduction of the Civil Partnership Registration scheme.

The procedure is as follows:

·        Each of the couple will need to have a seven day residential qualification and to give notice in the area where they live prior to the formation of their civil partnership;

·        The couple must be of the same sex, over 18 (or provide evidence of consent if over 16), not related to each other within the prohibited degrees of relationship and not in an existing marriage or civil partnership in order to enter into a civil partnership;

·        There will be a 15 day waiting period once notice of intention to register has been given, before the formation can take place;

·        It will be possible to form a civil partnership outside a register office at various approved venues;

·        The civil partnership will be formed once the couple have signed in the presence of a registration officer and two witnesses. The signing process is the legal requirement along with a statement that you declare there is no reason why the signing should not take place and that you agree to enter into Civil Partnership.  You can add your own vows if you wish.

·        There will be no requirement for a ceremony as part of the legal process of forming a civil partnership, however Register Offices will offer a ceremony if required;

There will be procedures in place to reduce the 15 day waiting period (where there are compelling reasons to do so), for a formation to take place at the residence of someone who is housebound, detained or seriously ill and not expected to recover.

Each ceremony will be unique. Working within the guidelines provided, couples can select words, readings and poems that hold a special meaning to them. They may choose a role for friends or family within the ceremony. This makes the occasion a meaningful, shared experience.

The ceremonies will be secular, contain no religious references and may last up to 30 minutes. A celebrant will work closely with the couple to create an individual ceremony. The costs will be £40 for the ceremony and £30 for each partner for the booking.

The Registry office can be contacted on (0115) 9475665. Their address is 50, Shakespeare Street, Nottingham.