Civil partnership

 

 

New opportunity for same sex couples

 

Since December 2005 same sex couples in permanent relationships have had the opportunity to have their relationship recognised in law. The Civil Partnership Act 2004 created a new legal status of civil partners. This provides couples with parity of treatment with opposite sex couples who enter into marriage in a wide range of legal matters.
 
The Government intends that registered civil partnership should be for long term stable relationships. Opposite sex couples are not eligible for civil partnership registration as they can obtain the same rights and responsibilities by marriage.
 
There will be a formal court based process for dissolution of a partnership. Notice of intention to form a civil partnership could legally be given from 5, December 2005 and the first partnership formation registrations took place on 21, December 2005.
 

Rights and responsibilities for civil partners

 

Civil partnership registration provides a framework whereby partners can acknowledge their mutual responsibilities and manage their financial arrangements reflecting the commitment they make to each other. These rights and responsibilities apply during the partnership and also on the death of a partner or the ending of the relationship.
 
Partners are recognised in many areas, some of which have caused difficulties in the past. These include recognition under intestacy rules and life assurance, for tax purposes, for pension and employment benefits, the inheritance of  tenancy agreements, death registration of a partner, recognition for immigration and nationality purposes, parental responsibility and others.
 
More information can be found at:
 
 

The process of forming a civil partnership

 
A partnership formation takes effect when the couple sign to register their partnership in the presence of two witnesses and a registration officer. They must first complete the legal preliminaries :-
 
  • Both reside for at least 7 days in England or Wales
  • Give notice of their intention to form a civil partnership by attending their local register office.
  • If either or both partners are subject to immigration controls then both parties must attend together to a designated register office (Peterborough is a designated office) with proof of their eligibility from the Home Office ( see more information below).
  • Notices are on public display for a 15 day waiting period.

 

 The partnership formation can then take place.
 

Requirements for notice giving

 
The couple must be of the same sex, over 18 years (or provide evidence of consent of parent/s/guardian if 16 to 18 years), not related to each other within the prohibited degrees of relationship and not in an existing marriage or civil partnership. They must also have lived concurrently for at least 7 days in the area where notice is being given.
 
Evidence must be produced for identity and nationality, a current passport and a birth certificate and/or driving licence are best for this, and some proof of residence such as a council tax or utility bill.  Proof of the ending of any former marriage or civil partnership will also be required.
 

Additional information for those persons subject to immigration control

 

For anyone subject to immigration control Home Office approval will be required. People already living in the UK will need either indefinite leave to remain in their current passport or a certificate of approval granted by the Home Office.
 
For people abroad then entry clearance or visa for the purpose of forming a civil partnership will be required.
 
Please note that if you are both subject to immigration control then you must each hold one of the above authorities to be able to give notice of your intention to form a civil partnership. You must both attend to give notice together at a designated register office if either party has Home
Office authority to give notice. (Peterborough is a designated office).
 
IND application forms are available at www.ind.homeoffice.gov.uk. You should ensure that application is made on the specific form for civil partnership as applications on similar forms for Certificate of Approval for marriage are not acceptable.
 
For further information and advice on these immigration matters please contact IND as above.
 

The formation of the civil partnership

 
After the 15 day waiting period the registration of the partnership can take place. This must be between 8 am and 6pm in the presence of two witnesses and a registration officer. The formation can take place in any local authority, not only where the notices of intention have been given, at  Register Offices and venues approved for civil partnership and marriage.
 
The formation cannot take place in places of religious worship or buildings with a religious association.
 

Ceremonies

 
The legal process of forming a civil partnership does not include any requirement for a ceremony. However for those who wish to mark the occasion and share it with family and friends Peterborough will be offering to add a ceremony to the partnership registration. There will be a choice of three ceremonies and the chosen ceremony can be personalised with additional words, poetry and music.
 

Fees

 
The fee to give notice of intention to form a partnership is £30 for each party, payable at the time of giving notice.
 
 The fee for a partnership formation at the Register Office is £40. The fees will be payable for the attendance of officers at a licensed venue are as follows:
 
2007
 
2008
 
Monday - Friday    
£300   
Monday-Friday  
 £300 
Saturday
£350
Saturday
 £350
Sunday
£350
Sunday
 £350
 
Certificates are £3.50 each if purchased on the day of the ceremony and £7.00 thereafter.
 

Booking a ceremony

 

We understand that events and celebrations take some time to arrange and so we have opened a diary for provisional bookings for partnership formations. We will make a provisional booking anytime up to a year before the occasion. The office occasionally has some availability at quite short notice (though the minimum 15 waiting period must  be observed). After you have made your booking you must undertake the required legal preliminaries before the partnership can be formed.

 

For more information, and to make provisional bookings contact us on 01733 566323.
 

Renewal of vows ceremonies

 

This ceremony is for any civil partners who wish to celebrate renewing their vows in a unique and personal non-religious ceremony.

Peterborough City Council. Town Hall, Bridge Street, Peterborough, PE1 1QT - (01733) 747474 - DX12310 Peterborough 1