Civil Partnerships

From 5th December 2005 same sex couples will be able to give notice to enter into a civil partnership.

Couples will be able to simply form a civil partnership by signing the appropriate documentation in the presence of 2 witnesses and a Registrar or combine the signing with an optional ceremony - it is up to you.

Couples will be able to formalise their partnership either at the Town Hall, Barnsley, or at any one of the premises in the Borough approved to hold Civil Marriage and Civil Partnership Ceremonies.

For further details on Civil Partnerships in Barnsley, please contact Barnsley Registration Service on 01226 773085 or email Registration Services

 

What formal requirements have to be met before registration can take place?

You and your partner will need to each give notice in the area(s) where you have resided for at least 7 days. When you give notice, you will be asked to state where you wish the civil partnership registration to take place.

If a civil partnership is to be registered outside of the area of residence, you and your partner will still need to give notice in the area(s) where you live. When you each give notice, you will be asked to give the date and place where the civil partnership registration is to take place so these details will need to have been first agreed with the Local Authority where the registration is going to take place.

Example:

If you live in Brighton and your partner lives in Eastbourne, but you want to register a civil partnership in a country house hotel in Kent, you will have to give notice to your Local Register Office in Brighton and your partner at Eastbourne Register Office. When you give this notice, you will both have to be able to give the date and the place where the civil partnership is to be registered, which means that you will have to have arranged this already with the venue and the Kent Registration Authority.

Who is eligible to register a civil partnership?

Two people who are:-

• Of the same sex
• Over 18 (or able to provide evidence of consent if 16 or 17)
• Not in an existing marriage or existing Civil Partnership
• Not related to each other within the prohibited degrees of relationship.

Two people will be related to each other within the prohibited degrees of relationship if, for example, one of them is the other person's grandparent, parent, child or sibling.

What is the waiting period for civil partnership?

There will be a 15-day waiting period once each person has given notice of intention to register, before the civil partnership can be registered. There will be procedures in place to reduce the 15-day waiting period in exceptional circumstances where there are compelling reasons to do so. For example, if one of the couple has an urgent overseas military posting to a dangerous area.

What is the waiting period if one of the couple has changed gender?

If one member of a married couple changes gender, under the provisions of the Gender Recognition Act 2004, the marriage has to be annulled in order for a full gender recognition certificate to be issued. (This is the point at which the person legally changes gender). There will be procedures to allow that couple to register a civil partnership as soon as the gender recognition certificate is issued, without being subject to the 15 day waiting period.

The Gender Recognition Panel provides further information.

What time of day can a civil partnership be registered?

Civil partnerships can only be registered between 8 a.m. and 6 p.m. (as is the case for marriage).

What happens if someone is seriously ill and not expected to recover?

Where one of the couple is seriously ill and not expected to recover, then the civil partnership may be registered at any time of day. The 15-day waiting period would also not apply.

The couple would need to provide a certificate from a doctor stating that the person is seriously ill and not expected to recover, that the person cannot be moved to a place where civil partnership registrations normally take place and that they understand the nature and purpose of signing the Registrar General's licence.

What information will be made public about my civil partnership?

When you give notice of your intention to register a civil partnership, details from the notice will be available in a register office for public inspection (as for marriage) but the details will not include you or your partner's address.

It is important that these details are publicly available during the 15-day waiting period, to allow for objections to be made, just as is the case for marriage. The grounds for objection to a civil partnership are the same grounds for objection to marriage. For example, someone could object if they think the couple are not eligible to register a civil partnership.

 

Other Civil Partnership Changes

 

There are a wide range of changes to be made as part of the implementation of the Civil Partnership Act, in addition to settling the procedures for registration. These changes include social security, pensions, tax credits and tax, and changes to court procedures. Many of these changes involve amendments to legislation to be made in Parliament over the coming months. Progress in these areas includes:

Changes to tax law

It was announced in the Budget on 16th March 2005 that the Government would legislate to ensure that civil partners will be treated the same as married couples for tax purposes and this was set out in Section 103 of the Finance Act 205. Orders will be laid before the House of Commons to make these amendments over the coming months.  HM Revenues & Customs offers further information.

Occupational pensions

The Department for Work and Pensions has just finished consulting on a draft order to amend the contracting out rules to ensure that pension schemes provide survivor benefits for civil partners on the basis of deceased members' rights accrued from 6 April 1988, to treat them on a par with widowers. The responses to the consultation are now being considered and the final order will be laid before Parliament in the next few months.

Changes to Employment regulations

It is proposed that the Employment Equality (Sexual Orientation) Regulations 2003 will be amended to require that civil partners and spouses should be treated in the same way in relation to workplace benefits. These amendments will be made in an order before Parliament in the next few months.

The Department of Trade and Industry gives full details of the proposed changes.

How much will it cost to register my civil partnership?

There is a cost to register your civil partnership depending on where you wish it to take place. The General Register Office gives further details in respect of charges/fees.

Last modified on 16/9/2008