Civil Partnerships and Cohabitants

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A statutory civil partnership registration scheme for same-sex couples was introduced in January 2011 under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Act sets out the rights and obligations that civil partners have towards each other. These are broadly the same as the rights and obligations of married couples towards each. The Act does not change the law on issues relating to children, for example, guardianship, adoption, custody, access or maintenance.

On registration of a civil partnership, civil partners are treated in the same way as spouses under the tax and social welfare codes. Necessary changes to the social welfare codes were made through the Social Welfare and Pensions Act 2010. Taxation changes were made through the Finance (No. 3) Act 2011.

Registering of Civil Partnerships

Under the scheme, same-sex couples can register their relationship as a civil partnership. The Registrar-General is obliged to maintain a register of civil partnerships, a register of decrees of dissolution of civil partnerships and a register of nullity of civil partnerships. The registration rules and processes are broadly similar to those for the registration of a civil marriage, annulments of marriage and divorce.

There are various reasons why you may not be allowed to become civil partners – legally, these are known as impediments. The main ones are age, close blood relationship and an existing valid marriage or civil partnership.

The formalities are broadly similar to the formalities for marriage. Among other things, this means that you must give three months’ notice of your intention to enter into a civil partnership. A civil partnership ceremony must be held at an approved venue.

Ending a Civil Partnership

The courts are able to grant a decree of nullity of civil partnership in broadly the same way as decrees of nullity of marriage are granted. The courts are also able to dissolve civil partnerships in a similar way to the granting of divorce. However, the rules governing the dissolution of civil partnerships are different.

Orders such as protection orders, maintenance orders and pension adjustment orders may be made in the course of court proceedings for the dissolution of civil partnerships in the same way as such orders may be made in judicial separation and divorce proceedings.

Unlike divorce proceedings, the civil partners’ legal advisers are not required to discuss the possibility of reconciliation, mediation or other alternatives to dissolution. The court may, however, adjourn proceedings in order to facilitate such alternatives.

If you would like us to assist you, or if you would simply like to have a chat to discuss your options, please don’t hesitate to contact us.




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