Civil Partnerships

What is a Civil Partnership?

 

Civil Partnership is a new form of legal relationship which may be formed by two persons of the same sex. It is not a marriage but a parallel relationship of similar seriousness and commitment which has been created in order to provide same sex couples with a means of having their relationship legally recognised, if they wish.

 

If you require advice or guidance Falkirk Council has a Ceremonies Co-ordinator| who would be happy to discuss any aspects of your Civil Partnership.

 

Who can have a Civil Partnership?

 

Any two persons, regardless of where they live, may register a Civil Partnership in Scotland provided that:

• Both persons are at least 16 years of age on the day they wish to register their Civil Partnership.
• They are not related to one another in a way which would prevent their registering their Civil Partnership. (see leaflet RCP1)
• They are not married or not already registered as a Civil Partner.  If either party has already been married or registered as a Civil Partner documentary evidence to prove that the previous marriage or Civil Partnership has been ended by death, divorce, annulment or dissolution must be provided to the Registrar.
• They are of the same sex.
• They are capable of understanding the nature of a Civil Partnership and of validly consenting to its formation.

What are the Legal Implications of a Civil Partnership?

 

The legal status of a Civil Partnership is based on what already exists presently in the case of civil marriage. Therefore the Act will confer upon same sex couples legal responsibilities and rights in relation in to the dissolution of such partnerships, the handling of succession, property and financial arrangements, occupation of the family home and tenancy matters, exclusion from the family home, and matters relating to the recognition of partnerships established in other jurisdictions.

 

Civil partners who have registered in Scotland will also benefit from the Act's provision on reserved matters such as pensions, social security, child support and tax credits.

 

When did the Civil Partnership Act come into Force?

 

The Civil Partnership Act 2004 came into force throughout the UK on 5 December 2005. From this date people who wish to form a civil partnership can submit a formal legal notice of their intention to register a civil partnership. Notice must be submitted 15 days in advance, so the first registration can take place on the 21^st December 2005.

 

Form of Registration

 

Both parties will be required to sign a Partnership Schedule, witnessed by two people and the authorised registrar. Unlike marriage, there is no exchange of vows, so it is possible for the partnership to be registered very simply indeed.

 

Can I have a Civil Partnership Ceremony? 

 

Yes, Falkirk Council appreciate that many partners will want to make their registration a special occasion therefore they will have the option of requesting a non statutory Partnership Ceremony which will enhance the registration process. There will be an additional charge| for this service. Contact the Ceremonies Co-ordinator| for further information.