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Divorce & Separation

| What is the waiting period for Civil Partnership?

Same sex couples, have in the past, always been denied the right to formalise their relationship (and this included denying them the various tax and other advantages given to married couples, such as rights over pensions, insurance and inheritance).

The introduction of civil partnership in 2005 is a major legal and social landmark. It has brought huge advantages to couples who want to make a lifelong commitment to each other and provide a secure legal framework for lesbian and gay families. It is also expected to have a wider impact by helping to eliminate discrimination against the lesbian and gay community more generally.

Henley Law is a legal firm committed to fairness and equality. By taking on cutting-edge cases and championing reform. Our Anti discrimination Policy is very important to us. We will not discriminate against Clients or Client Groups on the basis of race, religion, ethnic origin, disability, age, sex or sexual orientation. We are particularly aware of many of the problems faced by gay people and aim to provide advice in a wide range of matters providing expert advice on relationships and parenting, challenging discrimination and across a range of legal issues.

A Civil Partnership is a new legal relationship, which can be registered by two people of the same sex, allowing legal recognition. Civil partners now have equal treatment in a wide range of legal matters with married couples, including:

  • Tax, including inheritance tax
  • Employment benefits
  • Most state and occupational pension benefits
  • Income-related benefits, tax credits and child support
  • Duty to provide reasonable maintenance for your civil partners and any children of the family
  • Ability to apply for parental responsibility for your civil partner’s child
  • Inheritance of a tenancy agreement
  • Recognition under intestacy rules
  • Access to fatal accidents compensation
  • Protection from domestic violence
  • Recognition from immigration and nationality purposes.

As a result of the introduction of the Civil Partnership Act there will be important changes affecting same-sex couples who claim income-related benefits, regardless of whether the couple decide to form a civil partnership.
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.

For example
If you live in Liverpool and your partner lives in Manchester, but you want to register a civil partnership in a country house hotel near Chester, you will have to give notice to your local registration office in Liverpool and your partner at Manchester 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 Chester registration authority.

What is the waiting period for Civil Partnership?
There is a 15-day waiting period once you have given notice of intention to register, before the civil partnership can be registered. In exceptional circumstances, where there are compelling reasons to do so, the 15-day waiting period may be reduced.

How do I change my name on my employment records?
As with marriage, there is no legal requirement to change your surname. This can be done by informing the appropriate departments of the name(s) you wish to be known by. (You may be required to provide a copy of your civil partnership for their records).

Who can register?
You can register if you are:

  • Two people who are of the same sex aged 16 or over (with consent if under 18)
  • Not already married or in a civil partnership
  • Meet relationship criteria
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