The new Civil Partnerships Act becomes law today (5th December 2005). Same-sex couples in the UK can now register their partnership without any requirement that they live together first for any particular period of time.
If the relationship between civil partners breaks down, they can now go through a dissolution process which is similar to divorce proceedings. Civil partners have financial claims on each other including for monthly maintenance, the transfer or sale of a property, payment of a lump sum and pension sharing orders. The Court is able to resolve those financial claims if the couple cannot sort matters out between themselves.
Civil Partnership also bring some of the advantages that married couples currently enjoy, such as there being no Inheritance Tax payable if one civil partner inherits monies from the other's estate on death.
Regarding any children that the parties are looking after together, a Civil Partnership allows them to acquire parental responsibility and also brings them into the category of persons entitled to apply for a residence or contact order in relation to a child.
If a civil partner dies without making a will, their surviving partner is now recognised under the intestacy rules in the same way as a spouse in a heterosexual marriage.
When the Civil Partnership Act was going through Parliament there was some debate about extending it to cover other couples who cannot marry, such as relatives who live together. The Act does not provide protection to such people, nor does it give any assistance to cohabiting heterosexual couples. The intention of the new legislation is to give same sex couples the ability to register their relationship and make a formal recognition of their commitment which is analogous to marriage.
An extensive list of questions and answers has been published by the Government’s Women & Equality Unit.
