All the Law You Should Know by Farley Jeremy

Author:Farley, Jeremy [Farley, Jeremy]
Language: eng
Format: epub
Tags: Emerald All the Law You Should Know: Revised Edition
ISBN: 9781847162571
Publisher: Straightforward
Published: 2009-09-24T23:00:00+00:00

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CIVIL PARTNERSHIPS

A Civil partnership is a legal relationship, which can be registered by two people of the same sex. Same-sex couples, within a civil partnership can obtain legal recognition for their relationship and can obtain the same benefits generally as married couples.

Civil partnerships came into force on 5th December 2005. The first civil partnerships registered in England and Wales took place on 21st December 2005. Civil partners will be treated the same as married couples in many areas, including:

• Tax, including inheritance tax

• Employment benefits

• Most state and occupational pension benefits

• Income related benefits, tax credits and child support

• Maintenance for partner and children

• Ability to apply for parental responsibility for a civil partners child

• Inheritance of a tenancy agreement

• Recognition under intestacy rules

• Access to fatal accidents compensation

• Protection from domestic violence

• Recognition for immigration and nationality purposes

The registration of a civil partnership

Two people may register a civil partnership provided they are of the same sex, not already in a civil partnership or legally married, not closely related and both over 1 although consent of a parent or guardian must be obtained if either of them are under 18.

Registering a civil partnership is a secular procedure and is carried out by the registration service, which is responsible for the registration of births, deaths and marriages. A civil partnership registration is carried out under what is termed a standard procedure, which can be varied to take into account housebound people or people who are ill and are not expected to recover.

The standard procedure for registering a civil partnership

A couple wishing to register a civil partnership just have to decide the date they want to register and where they want the registration to take place. The formal process for registering consists of two main stages-the giving of a notice of intention to register and then the registration of the civil partnership itself.

The first stage, the giving of notice is a legal requirement and both partners have to do this at a register office in the area of a local authority where they live, even if they intend to register elsewhere. The notice contains the names, age, marital or civil partnership status, address, occupation, nationality and intended venue for the civil partnership. It is a criminal offence to give false information. If one of the partners is a non-EAA citizen and subject to immigration controls (see later) there are additional requirements to be fulfilled. Once the notice has been given it is displayed at the relevant register office for 15 days. This provided an opportunity for objections to be made. The civil partnership cannot be registered until after 15 clear days have elapsed from the date of the second person gives notice. Each partner needs to give notice in the area that they have lived for at least seven days. If the couple live in different areas then each will post a notice in their own relevant area. When giving notice they will be asked where they wish the civil partnership to take place.

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