Civil Partnerships

Since 5 December 2005 same-sex couples have been able to obtain legal recognition of their relationship by registering their relationship through a formal civil ceremony and introduced a new legal status of ‘civil partner’.

In England and Wales you can register at a registry office or in approved premises after ‘giving notice’.

Civil partners receive equal treatment to married couples in a wide range of legal matters including:

employment benefits
tax, including inheritance tax
state benefits (eg pensions, tax credits and child support)
duty to provide reasonable maintenance to your partner and any children of either party
each party of the union will become a parental figure and thus become responsible for any children either person may have
domestic violence protection
access to fatal accidents compensation
succeed to rights of tenancy
merit for the purposes of immigration and nationality
hospital visiting rights as next of kin
exempt from being required to testify in court against one another
life assurance
Wills revoke upon

Entering into a civil partnership automatically invalidates any Will you may have. You should ensure that sufficient financial provision has been made for the surviving partner. If you have no Will, the surviving partner will benefit in the same way as a spouse.

The Department for Work and Pensions has published a leaflet containing information on how partnerships may affect your benefits (www.dwp.gov.uk) and the Women and Equality Unit has published some frequently asked questions (FAQs) about civil partnerships (www.womenandequalityunit.gov.uk).

You may wish to clarify both parties understanding of their finances at the start of the civil partnership, giving certainty during their relationship. This can be done by way of Pre-Civil Partnership Agreement, which works in the same way as a Prenuptial Agreement