Civil Partnership Act 2004

27 April 2005

The Civil Partnership Act 2004 received Royal Assent on 18th November 2004 and comes into force on the 5th December 2005.
This Act will enable same sex couples to have their relationship legally recognised and will afford them certain legal rights and responsibilities similar to those of a married heterosexual couple.

In order to form a civil partnership in the UK, both parties must be over the age of 16, of the same sex, not already in a civil partnership or marriage, and not be within the prohibited degrees of relationship. If of the age of 16 or 17, the consent of the individual's parent or guardian will be required.

In order to complete the registration process, the couple must each give notice of their intention to the registry office. After 15 days they can complete the registration process. The couple can also enjoy a ceremony if they choose but this is not a requirement of the Act. The first date on which notice can be given is the 5th December 2005 and the first registration on the 21st December 2005. The 15-day notice period allows the registrar to check that the couple is eligible to go ahead with the registration.

Once in a civil partnership the couple will enjoy legal rights and responsibilities. In particular couples should be aware of the following points: -

• Any Will previously prepared will be revoked by the registration procedure. (Unless it is made in contemplation of the registration).
• A civil partner will enjoy recognition under the intestacy rules that apply when an individual dies without leaving a Will.
• Civil partners and former civil partners will have the same rights as a spouse under the Inheritance (Provision for Family and Dependants) Act 1975.
• A civil partner has the right to register the death of their partner.
• Civil partners will enjoy the same treatment as married couples for ALL tax purposes, and will be able to benefit from a partners pension in the same way as a spouse.
• On dissolution of the partnership, any gift left to a civil partner will lapse as will any appointment of the former civil partner as an executor.
• Civil partners can claim compensation for fatal accidents or criminal injuries.
• Civil partners have the same tenancy succession rights as married couples.

All same sex couples considering registering their partnership are therefore strongly advised to obtain legal advice to ensure that their respective estates are properly protected and that they are utilising their newly acquired rights to achieve the maximum benefit.

For more information please contact Nicola Rostron, Associate.
 

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