CLM Solicitors - Private Services - Family - Fact Sheet

CIVIL PARTNERSHIP

The Civil Partnership Act 2005 created the institution of civil partnership. A civil partnership is effectively a civil marriage for same sex couples. Civil partners now have the same rights, and responsibilities, as those who enter into a civil marriage.

In order to be able to register a civil partnership, the parties must not be:

of the opposite sex,
already a civil partner, or already married,
under 16, or
a close relative of the other party, whether by blood, marriage or civil partnership

How to form a civil partnership

In order to start the process of registering a civil partnership, a notice must be given to a Local Authority. The notice will need to be signed by both parties in the presence of a registration officer. This notice declares that each party does not know of any legal reason why they cannot enter into a civil partnership. The notice can be given to any Local Authority in England and Wales, it does not have to be the one nearest to where they live. Each party will need to provide evidence to the Local Authority of:

Full name, and date of birth
Address, all parties need to prove that they have lived in England and Wales for a period of 7 days before giving the notice
Nationality
If there have been any former civil partnerships, or marriages, evidence that they have been dissolved.

The notice is then publicised for a period of 15 days both in the Local Authority where the registration will take place, and in the Local Authority where both parties live. During this period anybody can raise objections to the civil partnership being registered.

As soon as the 15 day period has expired, the registrar will issue a civil partnership schedule which needs to be signed by both parties within 12 months. The two parties have to sign this civil partnership schedule in the presence of one another, the registrar and two witnesses. The registrar and witnesses then have to sign the civil partnership document as well. Once this document is signed, a civil partnership is formed.

How to dissolve a civil partnership

A civil partnership can be terminated by either party issuing an application to court for dissolution, or legal separation. The procedure for applying for a judicial separation is very similar to that for a married couple, please see our 'Separation' leaflet.

The procedure for applying for the dissolution of a civil partnership is very similar to an application for Divorce. Please see our 'Divorce' leaflet.

No application for dissolution can be made within the first year of the civil partnership.

The person who starts the dissolution proceedings is called ‘the Applicant’ and his/her partner is called ‘the Respondent’.

There is only one ground for the dissolution of a civil partnership; that the partnership has broken down irretrievably.

To satisfy the Court that the partnership has broken down irretrievably, the Applicant must prove one of the following four facts:

That the Respondent has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent
That the Respondent has deserted the Applicant for a continuous period of at least two years immediately before the start of the dissolution proceedings
That the parties to the partnership have lived apart for a continuous period of at least two years immediately before the start of the dissolution proceedings and the Respondent consents to a decree being granted
That the parties to the partnership have lived apart for a period of at least five years immediately before the start of the dissolution proceedings.

Financial claims on dissolution

Civil partners dissolving their partnership will be able to apply for ancillary relief in the same way as divorcing couples. Please see our 'Financial Claims on Divorce' leaflet.

The same orders will be available to the court, and the same factors are also taken into account.

Civil partnerships and children

Civil partners have the same rights to apply for orders regarding children as married couples. Please see our 'Arrangements for Children' leaflet.

Civil partners can be granted parental responsibility for the children of their civil partner in the same way as unmarried fathers. Please see our 'Parental Responsibility' leaflet.

Civil partnerships, Tax and Death

Civil partners will now be treated as spouses for tax purposes, and will be entitled to all the reliefs associated with being married.

Civil partners will also be treated as a spouse and next of kin on the death of the other partner. Please contact our 'Wills and Estate Planning Department' for more details.

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NEWBURY

Radnor House, 28 Bartholomew Street

Newbury, RG14 5EU

tel 01635 521212

fax 01635 37784

e newbury.reception@clmlaw.co.uk

HUNGERFORD

28 High Street, Hungerford, RG17 0NF

tel 01488 682506

fax 01488 684824

e hungerford.reception@clmlaw.co.uk

SWINDON

Eastcott House, 4 High Street,
Swindon, SN1 3EP

tel 01793 511055

fax 01793 610887

e swindon.reception@clmlaw.co.uk

WANTAGE

Brooklands, 48 Newbury Street,
Wantage, OX12 8DF

tel 01235 771234

fax 01235 772234

e wantage.reception@clmlaw.co.uk


RETURN TO FAMILY HOME PAGE	RETURN TO FAMILY HOME PAGE
CIVIL PARTNERSHIP The Civil Partnership Act 2005 created the institution of civil partnership. A civil partnership is effectively a civil marriage for same sex couples. Civil partners now have the same rights, and responsibilities, as those who enter into a civil marriage. In order to be able to register a civil partnership, the parties must not be: of the opposite sex, already a civil partner, or already married, under 16, or a close relative of the other party, whether by blood, marriage or civil partnership How to form a civil partnership In order to start the process of registering a civil partnership, a notice must be given to a Local Authority. The notice will need to be signed by both parties in the presence of a registration officer. This notice declares that each party does not know of any legal reason why they cannot enter into a civil partnership. The notice can be given to any Local Authority in England and Wales, it does not have to be the one nearest to where they live. Each party will need to provide evidence to the Local Authority of: Full name, and date of birth Address, all parties need to prove that they have lived in England and Wales for a period of 7 days before giving the notice Nationality If there have been any former civil partnerships, or marriages, evidence that they have been dissolved. The notice is then publicised for a period of 15 days both in the Local Authority where the registration will take place, and in the Local Authority where both parties live. During this period anybody can raise objections to the civil partnership being registered. As soon as the 15 day period has expired, the registrar will issue a civil partnership schedule which needs to be signed by both parties within 12 months. The two parties have to sign this civil partnership schedule in the presence of one another, the registrar and two witnesses. The registrar and witnesses then have to sign the civil partnership document as well. Once this document is signed, a civil partnership is formed. How to dissolve a civil partnership A civil partnership can be terminated by either party issuing an application to court for dissolution, or legal separation. The procedure for applying for a judicial separation is very similar to that for a married couple, please see our 'Separation' leaflet. The procedure for applying for the dissolution of a civil partnership is very similar to an application for Divorce. Please see our 'Divorce' leaflet. No application for dissolution can be made within the first year of the civil partnership. The person who starts the dissolution proceedings is called ‘the Applicant’ and his/her partner is called ‘the Respondent’. There is only one ground for the dissolution of a civil partnership; that the partnership has broken down irretrievably. To satisfy the Court that the partnership has broken down irretrievably, the Applicant must prove one of the following four facts: That the Respondent has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent That the Respondent has deserted the Applicant for a continuous period of at least two years immediately before the start of the dissolution proceedings That the parties to the partnership have lived apart for a continuous period of at least two years immediately before the start of the dissolution proceedings and the Respondent consents to a decree being granted That the parties to the partnership have lived apart for a period of at least five years immediately before the start of the dissolution proceedings. Financial claims on dissolution Civil partners dissolving their partnership will be able to apply for ancillary relief in the same way as divorcing couples. Please see our 'Financial Claims on Divorce' leaflet. The same orders will be available to the court, and the same factors are also taken into account. Civil partnerships and children Civil partners have the same rights to apply for orders regarding children as married couples. Please see our 'Arrangements for Children' leaflet. Civil partners can be granted parental responsibility for the children of their civil partner in the same way as unmarried fathers. Please see our 'Parental Responsibility' leaflet. Civil partnerships, Tax and Death Civil partners will now be treated as spouses for tax purposes, and will be entitled to all the reliefs associated with being married. Civil partners will also be treated as a spouse and next of kin on the death of the other partner. Please contact our 'Wills and Estate Planning Department' for more details.
RETURN TO FAMILY HOME PAGE	RETURN TO FAMILY HOME PAGE



NEWBURY Radnor House, 28 Bartholomew Street Newbury, RG14 5EU tel 01635 521212 fax 01635 37784 e newbury.reception@clmlaw.co.uk HUNGERFORD 28 High Street, Hungerford, RG17 0NF tel 01488 682506 fax 01488 684824 e hungerford.reception@clmlaw.co.uk	SWINDON Eastcott House, 4 High Street, Swindon, SN1 3EP tel 01793 511055 fax 01793 610887 e swindon.reception@clmlaw.co.uk WANTAGE Brooklands, 48 Newbury Street, Wantage, OX12 8DF tel 01235 771234 fax 01235 772234 e wantage.reception@clmlaw.co.uk