Information bank

Civil Partnership registration scheme

The Civil Partnership Registration Scheme
The scheme is for adult same-sex couples who are not in an existing registered partnership or marriage and are not closely related. Couples who register have legal status as ‘registered civil partners’ and acquire a package of rights and responsibilities in the same way as married couples.

Registration
Couples give notice of their intention to register at a registry office and can then sign the civil partnership register 15 days later. The only necessary procedure on the day is that both partners sign the register with two witnesses. Registrars are happy to discuss more elaborate ceremonies when couples go to register their intent.

Dissolution of partnership
The government intends registered civil partnerships to be long-term, stable relationships so there is a formal, court-based process for dissolution. The partner applying for the partnership to be dissolved will have to show that there has been an irretrievable break down in the relationship.

Consequences of registration
Couples acquire a package of rights and responsibilities reflecting their commitment and helping them organise their lives together. These legal consequences follow from registration.

Rights and responsibilities include:

Joint treatment for income-related benefits
Joint state pension 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 include:

Fair arrangements for property division
Residence arrangements
Appropriate contact with children

Rights and responsibilities following the death of one partner 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

It is worth noting that the registrar will ask the person registering the death questions about whether the deceased was married or in a civil partnership, the date of birth of the surviving spouse or civil partner and the name and occupation of the civil partner, where the deceased was in a civil partnership or was a surviving civil partner. This could have implications for couples who do not wish to be open about their civil partnership.

Scotland
On 30 September 2003, the Scottish Executive published a consultation paper on the devolved aspects of a civil partnership registration scheme for same-sex couples "Civil Partnership Registeration. A legal status for committed same-sex couples in Scotland". The Scottish consultation ended on 5 December 2003.

Northern Ireland
On 19 December 2003, a similar proposal was announced in Northern Ireland. The Northern Ireland consultation ended on 5 March 2004. For further information go to www.olrni.gov.uk.