Divorce Guide

Civil Partnership Act 2004

A couple who does not want to be involved and get themselves bound by the institution of marriage and its legal name and formalities can go into civil partnerships. A civil partnership is essentially a marriage without bearing its proper name. The people or couple in the partnership are referred to as civil Partners rather than a married couple. It is relatively a new act and civil partnership which means that the people get into a new legally binding relationship with each other.

This act was extended to same sex couples in 2005. So today, same sex couples can get into a civil partnership and essentially enjoy all the rights that a married couple does. The rights and responsibilities which come along with being civil partners as per the Civil Partnership Act of 2004 are more or less the same s those coming with a marriage. To enumerate, following points are mentioned:

1. Equitable treatment in all insurances and loans.
2. Exemption, if any, from any tax, pension benefits, etc.
3. Civil partnership certificates act in the same way as marriage certificates and provide the same facilities and rights, for instance use for changing names surnames, or for the immigration and national identities purposes.
4. It also gives the ability to claim a child’s custody over the couple’s children, if applicable.

When considering the dissolution of a civil partnership among two people, the same laws function as those that function after a marriage is dissolved. Hence, just as in divorce, dissolution of a civil partnership also requires the proper maintenance by the partners to each other, and division of the property also takes place. The two civil partners are assessed in the very way as the two spouses are in a divorce suit in a court of law.

Two people can be bound wilfully in a civil partnership even if:

1. They are of the same sex
2. They are 16 years or above in their age
3. They are not previously married or already in a civil partnership with someone
4. They are not very closely related.

Two people can come into civil partnership by registering them at the designated authority of the government institution. The two people have to give consent to get into a civil agreement and then in presence of the authoritative representative of the government they may get into the bounds of being civil partners.

In case of dissolution needed, the grounds remain much the same as they are for a divorce of a marriage. Also, the remedies are also much the same. The division of property and other assets takes place in the same way and also maintenance and child custody is given after scrutinizing facts as are done with married couples.

The first civil partnership was recorded in the State of Ireland in 2005. Although, it is very much the same as a marriage, not all countries have civil partnership act. So, it is wise and advisable that one should seek proper legal advice before taking any concrete steps.

Divorce and Children
Divorce Laws
Financial Issues
Legal Information
Divorce in Switzerland
Divorce Advice for Europeans
Post Divorce Issues
Divorceand Legal Assistance