Civil partnerships

What are the implications of civil partnerships regarding benefits for same sex couples?

Same-sex cohabiting couples will now be assessed for means-tested benefits as if they were living together as civil partners, just as mixed-sex cohabiting partners are assessed together as if they were living together as a married couple.

What are the implications of civil partnerships regarding children for same sex couples?

Civil partnership makes you legally a step-parent, but does not give automatic parental rights and responsibilities.

What are the implications of civil partnerships regarding death and succession for same-sex couples?

Civil partnership gives same-sex partners the same rights of inheritance as marriage.

What are the implications of civil partnerships regarding employee benefits such as pensions, for same sex couples?

Employee benefits for civil partners are the same as for married couples, but private pensions may have different rules, and you should check with your pension provider.

What are the implications of civil partnerships regarding tax, tax credits and pensions for same sex couples?

A civil partner's rights in their partner's state retirement pension or public sector pension is the same as that of a widower. Private pensions may have different provision. You should check.

What documents do I need to provide for civil partnership ceremony?

When giving or sending the civil partnership notices to the Registrar, each of you must supply the following: your birth certificate; evidence of your nationality - normally your passport; if you have been married or in a registered civil partnership before and the marriage or civil partnership has been dissolved or annulled, you need to supply adecree of divorce or dissolution or annulment or a certified copy decree. If you are a surviving civil partner or a widow or widower, you must supplythe death certificate of your former civil partner or spouse. If you and the person you are to register a civil partnership with are related in certain ways, various death certificates are required. If any of these documents is in a language other than English, a certified translation in English must also be provided. Please do not delay giving notice simply because you are waiting for any of these documents mentioned above to come to hand. If time is getting short, it is better to give notice first and then pass the documents to the registrar when you have them, but remember they must be made available to the registrar before the civil partnership registration. If you are subject to Immigration controls, notice of civil partnership cannot be accepted until specific conditions have been met. For further information please contact any registration office.

What documents will I receive after the civil partnership ceremony?

After the civil partnership has been entered in the register, the registrar will give you an extract of the entry. Further copies can be obtained for a small fee.

What is the civil partnership Schedule?

When satisfied that there is no legal impediment to the civil partnership the registrar will prepare a Schedule from the information you have given him. The Schedule is a most important document - no civil partnership registration can proceed without it. The registrar will have the Schedule available at the registration venue. The Schedule will be signed by both parties, the two witnesses and the Registrar or Assistant Registrar after the civil partnership ceremony is over.

What notice do I have to give the registrar prior to a civil partnership ceremony?

Each of you must complete and submit a civil partnership registration notice, along with the required documents and a fee, to the Registrar for the district in which the civil partnership registration is to take place. The notices must be submitted early enough to enable the Registrar to be satisfied that you are free to enter into the civil partnership, normally about 4 weeks before, but if either of you has been married or in a civil partnership before, the notices should be with the registrar 6 weeks beforehand. The minimum is 15 days before the date of the proposed civil partnership registration but if you leave it as late as this, you could be faced with the need to postpone it.

What should we do before our civil partnership registration?

You need to complete a civil partnership registration notice. You should also arrange for the date and time of your civil partnership registration as early as possible. In particular you should: make advance arrangements with the registrar - this is particularly important if you want a special or popular date; arrange for two people, aged 16 years or over, to be present at your civil partnership registration to act as witnesses; be sure to let the registrar know if you change your plans or decide to postpone your civil partnership registration.

Where can a civil partnership be registered?

A civil partnership registration may take place at any registration office. It can also take place at a venue approved for that purpose by the local Council. A list of approved venues is available at all registration offices. A civil partnership can only be registered by a Registrar or Assistant Registrar who has been authorised by the Registrar General for that purpose.

Who can have a civil partnership registered?

Any two people, regardless of where they live, may have their civil partnership registered in Scotland provided that they are: of the same sex; both at least 16 years of age on the day they wish to register their civil partnership; not related to each other in a way which would prevent them registering their civil partnership; each unmarried or not already registered as a civil partner (any person who has already been married or registered as a civil partner must produce documentary evidence that the previous marriage or civil partnership has been ended by death, divorce, annulment or dissolution); capable of understanding the nature of a civil partnership and of validly consenting to its formation.