Know your rights: Civil partnerships
Since same sex couples have been allowed to have their relationship legally recognised in December 2005, the number of civil ceremonies taking place between gay couples has been dramatic. London remains the most popular place for gay couples to marry and the number of men registering their relationships far outweighs the correspondent lesbian ceremonies.
When you decide to enter into a civil partnership, it is not only the actually ceremony that you must take into consideration, but also how your life will change as regards your rights. In this article, your legal rights and duties are explained once you and your partner become civil partners and are officially recognised in the eyes of the law.
Q. Is the civil partnership procedure simple?
Yes, in order for your civil partnership to be legally recognised, you must give your notices and officially register your decision. Provided that nobody objects to your union, you will be given the go ahead to organise your civil ceremony and have your civil partnership schedule signed. There are various fees that you are required to pay along the process. For more detailed information on the civil partnership procedure, consult our all inclusive Civil partnership Guide.
Q. Can we have a prenuptial agreement?
As civil partners, you are able to draw up what is called a pre-registration agreement which includes provisions for division of property and wealth and financial support if the civil partnership should break down and a dissolution order is applied for. Whilst a pre-registration agreement is not legally binding, it can hold significant swaying power if the courts get involved when the union breaks down. Your solicitor will be able to help you draw up the agreement which should be done before the ceremony.
Q. Can we have a joint bank account?
Civil partners are entitled to have joint and separate bank accounts depending on how they decide to divide their finances. If you have a joint account, both of you own the money that is credited to this account and respectively both of you have a responsibility to pay debts and overdraft fees, regardless of whoever the debt belongs to.
Q. Can I change my surname after the ceremony?
Yes, you have the right to be called whatever you like. If you would like to follow the usual marital tradition and take your partners surname, or perhaps double barrel your surnames. Your civil partnership certificate can be used as proof of your change of name.
Q. What are our rights as civil partners who live in rented accommodation?
If you are both living in rented accommodation, you are entitled to be treated fairly and justly in all matters pertaining to the rented property. It is illegal to discriminate against someone or against a couple based on their sexual orientation.
If the relationship breaks down, neither of you is obliged to leave if the other asks you to. This is regardless of whose name is on the tenancy agreement. The obligation to leave only comes into effect if the court has issued you with an order to leave the premises.
Q. What are our rights as civil partners who live in owned accommodation?
Regardless of whose name appears on the mortgage, both civil partners have the right to stay in their home unless a court has ordered that one of you leave during the breakdown settlement period.
Dividing property can be a lengthy and complicated process. For legal advice and support from independent financial advisors specialising in the gay community, visit London Gay Man's legal section.
Q. Will my civil partner be my next of kin?
Yes, if one partner becomes seriously ill or dies, you will have the authority to act as next of kin. However, you must remember that nobody has the right to consent to somebody else's medical treatment unless the latter is unconscious or mentally incapacitated.
Q. My partner has a child from a previous relationship. What are my rights over the child?
It is important to establish your rights and responsibilities in the civil partnership if there are children present from a previous relationship. If you decide to legally adopt the child or children, you can do so without involving an agency (as long as the child and applicant have been living together for at least six months).
If the civil partnership breaks down, and you have not adopted your partner's child or children, you have no responsibility for the child. If you have, however, applied to adopt the child, you do have parental responsibility and an agreement must be reached between all parties as to who will care for the child on a day-to-day basis. Our legal section has more information and gay friendly legal advisory companies that can help you further.
Q. How is our tax affected after registering our civil partnership?
You will both be taxed separately as usual and can each claim a personal allowance. If you or your partner was born before 6th April 1935, you are entitled to claim a married couple's allowance.
Q. Does my entitlement to benefits and tax credits change once in a civil partnership?
Once you have registered your civil partnership, your income is looked at jointly and any decision made is made on this household income. Some benefits such as Incapacity Benefit and Jobseekers Allowance depend on national insurance contributions however other benefits like Disability Living Allowance and Attendance Allowance are based on personal circumstances and are not affected by being in a civil partnership.
Q. What happens if my partner dies?
If your civil partner dies, what you receive is dependent on whether or not a will was made prior to your partner's death. If you are mentioned in the will, you will inherit under the terms of the will. However, if a will was not drawn up or you are not provided for in the will, you may still possibly inherit some or all of the property. In the event of a partner's death, s it advisable to immediately contact your solicitor and find out what you're entitled to.
In regards to any joint bank accounts held between civil partners, if one of them dies, the joint account(s) immediately becomes the property of the surviving partner.
