The Civil Partnership Act 2004 was made law on 5 December 2005. This Act created an entirely new legal status for same sex couples who are now eligible to register their relationships in accordance with the requirements set out in the Act. The Act enables same sex couples who register their relationships to have them legally recognised in the United Kingdom and to have similar rights and responsibilities to those of married couples. Prior to this Act being passed, there was no means to allow same sex couples to have their relationships legally recognised in the United Kingdom.
To form a legally binding civil partnership, four essential requirements need to be fulfilled. These are:
- The civil partners must be of the same sex
- Neither civil partner can already be a civil partner or lawfully married
- Both civil partners must be over the age of 18 years (or over the age of 16 and have the consent of “appropriate persons”)
- The civil partners must not form a prohibited relationship
In order to register a civil partnership, the same sex couple have to follow one of the four procedures as set out in the 2004 Act.
A civil partnership can only be determined on death, dissolution or annulment. The court has the power to make financial Orders on determination of a civil partnership in England and Wales. We at Eskinazi & Co will be happy to assist or advise you in any matter pertaining to civil partnerships.
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