Civil partnership Definition

GLOSSARY

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What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

The Civil Partnership Act 2004 (which came into force in December 2005) enables lesbians and gay men to enter into civil partnerships (legal relationships akin to marriage) and are thus only open to same sex couples. Unlike marriage no religious service is permitted whilst the Registrar is officiating at the formation of the civil partnership.

View the related checklists about Civil partnership

Gathering evidence in a family provision claim—checklist

Gathering evidence in a family provision claim—checklist This Checklist sets out the evidence which it may be necessary to obtain in a family provision case depending on the facts of the particular case. Claimant or defendant: • death certificate of the deceased • grant of probate or letters of administration of the deceased • current Will and codicils and Will file (if applicable) • former Will(s) • documentary evidence of deceased's reasons for the making the provision set out in the Will, eg letter(s) of wishes or instructions to make the Will • list of the deceased's assets and liabilities • marriage or civil partnership certificate • papers regarding divorce or separation • child maintenance orders • evidence of

Procedural guide—application for a freezing order—family proceedings

Procedural guide—application for a freezing order—family proceedings Where there are concerns that a party intends to dispose of assets in a way that will defeat a claim for financial provision, or has already done so, immediate action may have to be taken to secure the assets. Freezing orders (historically known as Mareva injunctions) are an interim remedy and may be made under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 or under the inherent jurisdiction. An application to restrain future dealings is most commonly made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5 Part 14, para 74(2) of the Civil Partnership Act 2004 (CPA 2004). The purpose is to prevent a party removing assets located in England and Wales, or dealing with assets wherever they are located. The applicant has to show that there is a good arguable case against the respondent and a real risk that a judgment will go unsatisfied because of the disposal by the respondent, or that refusal...

The definition of civil partnership

This Practice Note looks at the definition of civil partnership as set out in the Civil Partnership Act 2004, as amended from 2 December 2019 to include opposite-sex couples. It explains the formalities required to form a civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2 December 2019 the Civil Partnership (Opposite-sex Couples) Regulations 2019 (CP(O-sC)R 2019), SI 2019/1458 are in effect and the eligibility criteria in CPA 2004 amended to allow opposite-sex couples to register a civil partnership in England and Wales. The Marriage and Civil Partnership (Minimum Age) Act 2022 (MCP(MA)A 2022) which is in force from 27 February 2023 amends CPA 2004 by increasing the minimum age for civil partnership to 18 (as opposed to 16) bringing an end to provisions allowing for 16–17-year olds to enter a civil partnership with parental or judicial consent (see: LNB News 10/08/2022 22).The extension of civil partnerships to opposite-sex couples followed a campaign for...

Procedural overview for civil partnership (pre-DDSA 2020)

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Parental responsibility—client guide

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Standard order 3.2—search order—family proceedings

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Dive into our 108 Precedents related to Civil partnership

Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order.

Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order. A matrimonial home (and its contents) will usually be treated as matrimonial property whether it is owned by one spouse or in joint names. The rationale for this is that the matrimonial home has a unique place within the parties’ relationship (Miller v Miller; McFarlane v McFarlane). It has been held that a matrimonial home is matrimonial property whatever its source (S v S (Non-Matrimonial Property: Conduct)), but this may...

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application? Immigration Rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that: ‘…(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant or Appendix W worker must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicant’s stay in the UK.’ Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category....

See the 310 Q&As about Civil partnership

Family weekly highlights—10 October 2024

This week's edition of Family weekly highlights includes details of the Resolution domestic abuse in financial remedy proceedings report and the Duxbury working party provisional report. Mr Justice Peel’s comments in a recent judgment on the importance of financial dispute resolution hearings are also considered.

Home Office publishes Equality Impact Assessment on MIR

The Home Office has now published the equality impact assessment (EIA) for the changes to the minimum income requirement (MIR) policy for family applications introduced in April 2024 by the previous Conservative government (27 September 2024). The updated EIA is stated to include additional information sources and to address changes to the Immigration Rules in March 2024, and appears to have been updated around that time (under the previous administration). The EIA concludes that there could be negative discriminatory impacts, but the policy is Equality Act 2010 compliant. It is particularly interesting as it highlights the way in which the policy behind the MIR has changed from its post-2012 incarnation.

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