The financial rights and responsibilities of civil partnerships

Civil partners and same-sex couples living together as it they were civil partners will be treated in the same way as married couples and opposite-sex couples living together as if they were married. Some of the changes take effect from 1 April 2006.

Civil partners and people living together as civil partners, will be jointly and severally liable for council tax in the same way that married couples and people living together as husband and wife are jointly and severally liable. This means that both partners in a same-sex couple are responsible for seeing that the bill is paid.

As of 1 April 2006, changes will be brought into effect to council tax discounts, exemptions, and to the way that council tax is recovered. Check for further details.

For general information on council tax or contact your relevant local authority

Social Security Benefits and Tax Credits

From 5 December, the income of a civil partner or a cohabiting same-sex partner will be taken into account when calculating entitlement to income related benefits (e.g. income support) and tax credits. This means they will be treated
the same as a married couple and a cohabiting opposite-sex couple.

If you are living together in a same-sex relationship, regardless of whether you register as civil partners, you will need to tell your benefit office if you are in receipt of income related benefits or the Tax Credits Office if you claim tax
credits. Contact the Benefit Enquiry line on 0800 882200 or the Tax Credits Helpline on 0845 300 3900 for more information.

Family matters

Children and parenting

Some same-sex couples have caring responsibilities for children. The law will recognise the role of both civil partners in respect of a child living in their household.

When the Adoption and Children Act 2002 comes into force on 30 December 2005 a person will be able to acquire parental responsibility for their civil partner’s child. They can do this with the agreement of their civil partner, as
long as the civil partner has parental responsibility themselves. If the child’s other parent also has parental responsibility, both parents must agree. Parental responsibility can also be acquired on application to the court.

In addition, under the Adoption and Children Act, same-sex couples, including civil partners, will be able to apply to adopt a child jointly.

For more information about parental responsibility consult your local Citizens Advice Bureau or a family law solicitor. For more information about adoption go to www.everychildmatters.gov.uk/socialcare/lookedafterchildren/adoption or contact your local council or voluntary adoption agency.

Maintenance

Civil partners will have a duty to provide maintenance for each other and for any children of the civil partnership.

Child support

From 5 December 2005, civil partners who are parents will be treated in the same way as married partners for Child Support. Also, parents who are living with a same-sex partner even when they have not formed a civil partnership will
be treated in the same way as parents who live together with an opposite-sex partner, but are not married. Depending on your circumstances, this could affect the amount of maintenance paid for your child. For further information you
should contact the Child Support Agency on 08457 133133.

Other rights and responsibilities

In the workplace

Employers will be required to treat their civil partner employees in the same way as married employees in similar circumstances. For example, if a company makes private health insurance available to the spouse of an
employee, it will also have to be made available to employees’ civil partners where the employee occupies a similar job. More information for employers on civil partnership can be found at www.acas.org.uk

Leave to remain in the UK

Civil partners of British citizens and persons settled here will be able to apply for an initial period of two years leave to remain in the United Kingdom. If they are still in the civil partnership at the end of that period they will be entitled to apply for indefinite leave to remain in the UK.

When one civil partner dies

Inheriting property – A bereaved civil partner will be treated in the same way as a widow or widower in relation to inheriting their deceased civil partner’s estate, in particular if he or she died without making a will.

Inheriting a tenancy – a person will be entitled to inherit their civil partner’s tenancy upon their death, in the same way that a widow or widower can.

Life assurance – civil partners will have the right to obtain assurance on their civil partner’s life on a basis equivalent to married people.

Fatal accidents compensation – If a person dies in an accident caused by someone else’s negligence, then that person’s civil partner, or someone who has been living with the deceased as a civil partner for at least 2 years, will be
entitled to claim compensation for financial loss. They will also be entitled to claim bereavement damages.

Criminal Injuries Compensation Scheme – civil partners will be entitled to a fatal injury award on the same basis as married people.

If things go wrong

Relationship support

Problems arise in all relationships which you may not be able to solve on your own. There are people you can go to for advice or counselling to help you work through these difficulties. Contact Relate on 0845 456 1310.

Domestic violence

There are a range of legal protections open to all couples. These include Non-Molestation Orders, which are used to restrain someone from threatening or causing violence to you; and Occupation Orders, which sort out who should
stay in the home shared by the couple to protect either party (or any children) from domestic violence. Anyone affected by domestic violence, or the threat of it, can phone the domestic violence national freephone 24-hour helpline on 0808 2000 247 or Broken Rainbow (Lesbian, gay, bisexual and transgender domestic violence forum) on 0845 2604460 (available 9am-1pm; 2pm-5pm).

In an emergency, always call the police by dialling 999.

Ending a civil partnership

A civil partnership can only be ended by death, dissolution or annulment. Dissolution is a court-based process and as with marriage you will need to talk to a solicitor if you want to dissolve your civil partnership, though you cannot
dissolve it less than a year after it is formed.

The grounds for dissolving a civil partnership are:

• Unreasonable behaviour;
• 2 years separation (with consent)
• 5 years separation (without consent)
• One partner has deserted the other for 2 years.

Annulment only applies in specific situations, for example where one of the couple did not validly consent to the civil partnership.

The courts will have the power to make provision for the division of property upon separation, the maintenance of either civil partner, and residence and contact with any children on the civil partnership and the maintenance
of the child.

Contacts for further information

For more information about civil partnership go to the Women and Equality Unit website or write to:
Civil Partnership,
WEU,
1 Victoria Street,
London,
SW1H 0ET.

Interested in registering a civil partnership? Go to www.gro.gov.uk or contact your local register office.

Stonewall can provide information on a wide range of issues affecting lesbian and gay people.

This article only deals with registering a civil partnership in England and Wales.
For more information about civil partnership in Scotland go to www.scotland.gov.uk and for Northern Ireland go to www.olrni.gov.uk

For more information on:
Tax – contact your tax office or go to www.hmrc.gov.uk
Pensions – contact The Pension Service on 0845 6060265
Social Security benefits – contact the Benefit Enquiry line on 0800 882200
Tax Credits – contact the Tax Credits Helpline on 0845 300 3900
Child Benefit – contact Child Benefit helpline on 0845 302 1444 or e-mail child.benefit@hmrc.gsi.gov.uk
Child support agency – contact 08457 133 133
Adoption – for more information go to www.everychildmatters.gov.uk/socialcare/lookedafterchildren/adoption or contact your local council or voluntary adoption agency.
Immigration – contact the Immigration and Nationality Bureau
on 0870 606 7766 or go to www.ind.homeoffice.gov.uk
Relationship support – contact Relate on 0845 456 1310
Domestic violence – 24 hour freephone helpline 0808 2000 247
Broken Rainbow (lesbian, gay, bisexual and transgender domestic violence forum) 0845 2 60 44 60 (available 9am-1pm; 2pm-5pm).

Information from the Department of Trade and Industry and the Women and Equality Unit