• The Civil Partnership Act 2004

    The Civil Partnership Act 2004, which received Royal Assent on 18th November 2004, aims to provide rights and entitlements to registered same-sex couples in line with married couples and unmarried opposite-sex couples living together as husband and wife.  Currently, same-sex partners do not have their relationship formally recognised and as a consequence do not enjoy many rights or privileges.

    Once in force (October/November 2005), the Act will create a Civil Partner Registry.
    Same-sex partners wishing to register as civil partners of each other will be required to register as such by giving the appropriate notice to the registration authority.  The formation is similar to that for registering a marriage i.e. both parties to the civil partnership sign the civil partnership document in the presence of a registrar, in the presence of each other and in the presence of two witnesses.

    There will also be a formal process for dissolution of a civil partnership which has broken down irretrievably.

    There have been a number of changes introduced to recognise civil partnerships.  Examples of provisions made in the Act include:

    · a duty to provide maintenance for your civil partner and any children of the family;
    · employment and pension benefits;
    · recognition under intestacy rules;
    · recognition for immigration and nationality purposes.

    Consequential amendments have been made to relevant legislation to take account of this new status.  For example, in pensions specific references to 'spouse' or 'marriage' are to be extended to include 'civil partners' and 'civil partnerships'.  In wills and probate, civil partners are given the same rights as those available to married people.  In immigration, for purposes of deportation, reference to 'his wife' and 'her husband' are extended to include 'or civil partner'.

    The UK joins nine EU member countries in recognizing same-sex relationships.  Some states in the USA and Australia also have similar schemes.  Same-sex partners who have entered into legally recognized relationships overseas will also be treated as civil partners in the UK under the Act.  If two people wish to enter into a civil partnership one or both of whom are subject to immigration control they must (amongst other things) have entry clearance or permission from the Secretary of State for this purpose.