FORMING AND DISSOLVING A CIVIL PARTNERSHIP
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How do my partner and I form a civil partnership?
A same-sex couple who want to form a civil partnership will go to their local registration authority or civil partnership registrar to give formal notice of their intention to do so.
After giving this notice, the couple must wait fifteen days before they can register their partnership. This gives the registration authority time to check that the couple meet the eligibility requirements of a civil partnership.
The couple and the civil partnership registrar will agree between themselves a date, a time and a venue. The couple sign the civil partnership document in the presence of the civil partnership registrar and two witnesses.
Note: there are special procedures for forming a civil partnership when one of the couple is ill and not expected to recover. Also, different procedures apply for two people who were formerly married and one partner has changed gender under the terms of the Gender Recognition Act 2004.
Can we have a civil partnership ceremony?
Couples can arrange a ceremony in addition to the registration procedure if they wish, but this is not legally required. Like civil marriage, the formation of a civil partnership is an entirely secular process. This means that no religious service may take place during the statutory steps for the formation of a civil partnership. Any religious blessing or celebration must be separate from the legal process of forming a civil partnership.
Local authorities may offer a non-religious ceremony on the day of registration. Whether to hold a ceremony is a decision for both the local authority and the couple.
Is civil partnership available throughout the UK ?
The Civil Partnership Act 2004 establishes civil partnership in England and Wales, Scotland and Northern Ireland.
In Scotland the creation of civil partnership and the rights and responsibilities attached are based on Scots law. This reflects the different legal system in Scotland. The differences are minor and of a procedural nature.
How will dissolution proceedings work?
The process for dissolution is court based. The court can grant decree of dissolution if it is established that:
- the partnership has broken down irretrievably, or
- after the date of registration of the civil partnership, either of the partners received an interim gender recognition certificate.
The dissolution process begins with an application to the court. In order to prove the irretrievable breakdown of the partnership, the court must have proof of one of the facts below:
- Unreasonable behaviour: behaviour meaning that the applicant cannot reasonably be expected to live with his or her civil partner
- Separation for one year with the consent of the other civil partner
- Separation for two years without the consent of the other civil partner