The Civil Partnership Act 2004 came into force on 5 December 2005 with a whole range of changes designed to give same sex couples similar rights in law to those of married partners. The first ceremonies took place on 21 December 2005 after the required 15 day notice period had elapsed.
A number of clients asked questions about how such partnerships should be treated for the purposes of making credit applications and scoring and we recommend that lenders amend their application forms/systems to record civil partnerships alongside marriage so that marital status would be defined as "married or civil partnership" and likewise divorced would become "divorced or dissolved civil partnership". In the meantime staff should be advised to collect data on civil partnerships in this way notwithstanding the current wording on application forms.
Credit reference agency systems already provide for the creation of associations between same gender individuals so this will not create any system changes.
The Civil Partnership Act allows same-sex couples to make a formal, legal commitment to each other by forming a civil partnership. At present, same-sex couples have no way of gaining formal legal recognition for their relationship and as a result suffer a range of problems in their everyday lives.
Provisions in the Act include:
- employment and pension benefits;
- recognition under intestacy rules;
- access to fatal accidents compensation;
- recognition for immigration and nationality purposes.
- a duty to provide reasonable maintenance for your civil partner and any children of the family;
- civil partners to be assessed in the same way as spouses for child support;
- equitable treatment for the purposes of life assurance;
The process of entering into a civil partnership will be administered by the local registration service. On the day of registration, each member of the couple will sign in the presence of the registration officer and two witnesses.
The Act also allows for same-sex couples who have entered legally recognised overseas relationships to be treated as civil partners in the United Kingdom.
There will be a formal, court-based process for dissolution of a civil partnership.
Implementation involves significant changes in many areas, for example in court rules, the registration service as well as training and guidance for employers. These changes have been put in place over the course of this year.
Disclaimer: The information contained on this webpage is provided for general guidance only. It is not intended to provide you with professional advice nor is it intended to substitute you obtaining professional advice.
