Civil partnership

Since December 2005, same-sex couples have been able to register as civil partners and to enjoy the same rights, privileges and advantages as a married couple.  Broadly, these include inheritance and tenancy rights, next of kin rights (including those around bereavement and registration of death), and tax, social security and pension rights, as well as recognition for immigration and nationality purposes. 

Whether or not a couple become legally bound to each other is always a very personal decision, but it does give increased security as they get older, and is definitely advantageous if they are well off.  And of course many couples just feel that it is important to make a public declaration of their love and commitment to each other.

However, it also has to be remembered that a civil partnership may bring the same disadvantages that can be experienced by a married couple, most notably in the field of means-tested benefits such as pension credit, income support, income-based jobseeker’s allowance, housing benefit, council tax benefit and working tax credit.  Even the eligibility of the child of one partner for a student loan or grant can be affected.  All these things will be assessed against the joint income and savings of both partners, who may well therefore find themselves disadvantaged financially if they become legally partnered.

This does not mean that it would be better to stay sinlge. The authorities will wish to ascertain whether or not couples are ‘living together as husband and wife or civil partners’ (admirably abbreviated to LTAHW/CP!)  Their assessment of whether or not two people fall into this category is based on a number of factors including the couple’s financial arrangements, whether there is a sexual relationship, the stability and length of the relationship, and even how the couple appear in public.  If a gay man or woman does not disclose that they are living together as if they were civil partners, it will be viewed as a fraudulent claim.  “Co-habiting” is a term that now includes LGB couples.

Making and breaking a civil partnership

A same-sex couple wishing to become civil partners need to give at least 15 days notice (and preferably more) in person to a Registrar in the office of an area where they have both resided for at least 7 days.  If they wish the registration to take place elsewhere, they will also need to clear that with the appropriate authority for that area.  Over the following 15 days, documentation will be checked to ensure that the proposed partnership is legal, and a notice will be entered in the publically available ‘civil partnership notice book’ (the old ‘banns’), to allow for any objections to be made.  A difference here from a heterosexual marriage announcement is that the addresses of same-sex partners will not be published.

On the day of the Civil Partnership the couple can, if they so wish, simply attend the registered premises and, together with two witnesses, sign the appropriate document – whereas heterosexuals have to actually recite a set of formal verbal vows.  They may additionally choose to have a partnership ceremony (including readings, music, pledges and rings), which will have been planned with the Registrar in advance, but they are not permitted to have any form of religious service.  However, in some denominations (eg the Quakers) a minister may agree to hold a subsequent ‘blessing’ service.

Should the partnership later fail, a ‘dissolution’ (not 'divorce’) can be sought on the grounds of irretrievable breakdown of the civil partnership.  The grounds for demonstrating this are the same as for a heterosexual marriage, with the main exception that adultery is not in itself a ground for dissolution, although sexual infidelity may be accepted as ‘unreasonable behaviour’.  Indeed, a civil partnership does not require the relationship to be of a sexual nature at all, so that non-consummation is not a ground for a nullity.

 

Religious blessing

The Quaker Church, always ahead on equality matters, already offers religious blessings to couples in civil partnerships.  However, they have now agreed to ask the Government to allow them to perform same-sex weddings.  This would enable them to combine the legal registration with a religious service, in the same way as a conventional marriage service does now.  Quaker registrars, like rabbis and Anglican ministers, have the authority to conduct marriages, but this does not currently extend to same-sex unions. It is hoped that legislation will follow to enable this to happen.

Get Hitched! A guide to civil partnership - www.stonewall.org.uk

Parenting

Recent legislation means that lesbian couples who have children through fertility treatment can now both be named as parents on the birth certificate – previously only the birth mother could be shown as a parent.  From next April this will be extended to include male couples who have children born through surrogacy.  Same sex couples have been able to legally adopt children since 2002.

Rainbow Parents, social and support group for lesbian and gay parents, meet on the first Sunday of the month from 2.00pm to 4.00pm. Phone 07506012282, or email rainbowparents@googlemail.com

Thanks to Janet Jeffries of SPLAG Wales for this information

Provision of Goods and Services

In 2007 the Equality Act (Sexual Orientation) Regulations 2007 became law, making discrimination against lesbians and gay men in the provision of goods and services illegal. This means that:

• Schools may be breaking the law if they don't take homophobic bullying seriously, or if they refuse admission to a child who's gay or lesbian or whose parents are a same-sex couple.
• GPs and hospitals can't refuse to treat an LGB person.
• Restaurants and hotels can't refuse to give same-sex couples tables or rooms.