for lesbian, gay, bisexual and transgender equality

Registration and dissolution

Civil partnerships are for adult same-sex couples who are not in an existing registered partnership or marriage and are not closely related. Couples who register have legal status as 'registered civil partners' and acquire a package of rights and responsibilities in the same way as married couples. Couples who want to split up must get a dissolution.

 

Registration

Couples give notice of their intention to register at a registry office and can then sign the civil partnership register 15 days later. You do not have to be living together in order to form a civil partnership. There will be a fee involved in the registration process, just as there is for civil marriages.

When a heterosexual couple gives notice of their intention to marry, their details, including names, occupations and addresses, are made public, the marriage register being a public document. The Government recognised that there would be issues for some lesbian and gay couples, such as risk of harassment, should their sexual orientation be made known to the general public. Registrars therefore only publish names and occupations, and not addresses, to help protect people's privacy and safety.

The only necessary procedure on the day is that both partners sign the register with two witnesses. The Civil Partnership Act does not require a ceremony to happen and it actually prevents any religious service from taking place during the registration process. Just as with marriage, couples can arrange a ceremony in addition to the registration procedure if they want, and local authorities have been encouraged to provide such ceremonies when asked. If you do decide to have a ceremony, you should discuss what you want to say with the registrar. If the ceremony is being offered by the local authority, they will need to agree the content.  There is now a standard form of words available from the General Register Office and local registrars that you can use or adapt to your own needs, although the words themselves have no legal significance.

There are special procedures for couples where one partner is either ill and not expected to recover, or is detained in prison or hospital. The General Register Office for Scotland can tell you more about what steps you need to take to register: www.gro-scotland.gov.uk.

Remember, you can register your partnership in any premises licensed to carry out registrations. Couples can form their civil partnership in licensed premises anywhere in the UK, so if you want to do it with a local authority different to the one where you live, you can.

Name changes

After the ceremony, legally you will now be 'civil partners'. You can also take your partner's surname if you want to, or you can combine your names. Female partners can change their titles from Miss to Mrs if they would like to.

Where one partner wishes to take their partner's surname, the Civil Partnership certificate is the only documentary evidence required for this change to be made.

Where both partners wish to create a new or double-barrelled surname, this will need to be done by Deed Poll.

For more information about how to change your name/s, please see: http://www.ukdps.co.uk/ACouplesRightsUponACivilPartnership.html

Dissolution

The government intends registered civil partnerships to be long-term, stable relationships so there is a formal, court-based process for dissolution. You can only apply to the Court to bring your partnership to an end after at least one year together.

Although you go through the court, you don't necessarily need a solicitor. You can read a breakdown of the whole dissolution process and download all the necessary forms from the Scottish Courts website here. Your local Citizens Advice Bureau can help with completing the forms if you need assistance.

You'll need to show the court that you have grounds for dissolution. It's not enough to say that you're bored or have fallen out of love with each other. The court will accept only one or more of the following grounds:

  • that your civil partner's behaviour has been so bad that you can no longer bear to live with him or her;
  • that you and your civil partner have lived apart for at least one year and he or she agrees to a dissolution;
  • that you and your civil partner have lived apart for at least two years.

There will also be court fees involved in a dissolution process.

In terms of your property and money, civil partners can make claims on each other's finances, just as heterosexual married couples can. You may need to consult a solicitor to assist you with coming to a financial settlement with your partner.

 


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