What Is a Civil Partnership?

The Civil Partnership Act 2004 has allowed gay couples the right to go into a civil partnership which would also give them the same rights as married couples with regards to tax, employment benefits, income related benefits, parental responsibility, protection from domestic abuse and recognition in intestacy rules. It is not entirely the same as marriage as it is the signing of a document that secures the partnership as opposed to the reciting of vows. Civil partnerships are not allowed to be held in a religious theme, but couples may choose to have a blessing in their place of worship after the ceremony if they want.

To get a civil partnership you must be at least 18 years old or if 16 or 17if you have permission from your parents. You must not already be married or in any other civil partnership and you must not be too closely related.

The first step of civil partnership the couple must get a register notice at their local registry office. The reason for making a notice of intention is so that anyone who may have any objections to the partnership can make their feelings known. The notice must stand for 15 days and after this the couple will receive a civil partnership schedule which will enable them to proceed. It will be secured when the civil partnership schedule is signed by the couple in the presence of the registrar and two witnesses.

If the relationship breaks down, the couple will need to apply for dissolution, an annulment or a separation order, depending on their circumstances. The couple must have been together for at least a year before they can apply for a dissolution order. They must be able to provide grounds for a dissolution order; these could include unreasonable behaviour, 2 or 5 years of separation or 2 years of desertion. Unlike with traditional marriage, you cannot file for a dissolution on the basis of adultery, as adultery is legally defined as engaging in intercourse with a member of the opposite sex. If adultery is the reason why the relationship has broken down, it can be used as an example of unreasonable behaviour.

If the couple going into a civil partnership do not conform to the specifications laid out, an annulment will be granted to end the civil partnership. There are two categories of annulment. The first is void, this means that the civil partnership was illegal from the start and thus would not have been recognised by law. The second category is voidable, a voidable annulment is given when the partnership was legal at the beginning of the partnership but became illegal at a later stage through the partnership.

A separation order is similar to a dissolution order apart from the fact that when issues with a separation order, the couple will be unable to enter into a new partnership or marriage until they have been granted a dissolution order.

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