Civil Partnership Act 2004 – a new legal status
Release date: March 2006

Civil Partnership is a new legal relationship, which can be formed by two people of the same sex. It gives same sex couples the ability to obtain recognition for their relationship. Couples who form a civil partnership will have a new legal status – that of “civil partner”.

Same-sex couples forming a civil partnership will have parity of treatment in a wide range of legal matters with those opposite-sex couples who enter into a civil marriage.

The first Civil Partnerships will take place before Christmas 2005, with an official implementation date of December 5th.

The rights and responsibilities of civil partners include:

• A duty to provide reasonable maintenance for your civil partner and any children of the family
• Ability to apply for parental responsibility for your civil partner’s child
• Equitable treatment for the purposes of assessment for child support; life assurance; tax, including inheritance tax; employment and pension benefits; inheritance of a tenancy agreement
• Recognition under intestacy rules
• Access to fatal accidents compensation
• Protection from domestic violence
• Recognition for immigration and nationality purposes

Information for Employers
From 5th December this year employers will be required to offer employees who register a civil partnership the same benefits package given to married employees - this may be health insurance which is available to the employees spouse, or time off just before or after a wedding. There will also be changes to legislation regulating contracted out pension schemes.

Tax Credits
From 5th December civil partners and cohabiting same-sex couples who don't register a civil partnership will be treated in the same way as married couples and cohabiting unmarried opposite-sex couples, so the incomes of both partners will be taken into account when calculating entitlement to Tax Credits. From that date (5th December), same-sex couples living together (whether or not they register a civil partnership) will have to notify the Tax Credits Office of their circumstances.

Changing your name after you register
People who want to change their surname after they register a civil partnership, whether to take their civil partners name, or hyphenate, will be able to use a civil partnership certificate as evidence in the same way as married people can do so using their marriage certificate.

For further information contact Iain Robson
iain.robson@close-thornton.co.uk

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