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Civil partnership is a new legal relationship that recognizes a relationship formed by two people of the same sex. Couples who form a civil partnership will have a new legal status, that of ‘civil partner’. The Civil Partnership Act, 2004 that came into force on 5th December 2005, enables partners of the same sex to register their union with the local authority. Such a registration will allow partners to claim almost all the benefits that a heterosexual couple has under the traditional institution of marriage.
Until December 2005, gay and lesbian partners have never enjoyed the same rights or had the same obligations as their heterosexual counterparts. Prompted by the judgment of the European Court of Human Rights (ECHR) in Goodwin v UK [2002], where the Court gravely doubted the legality of the prohibition against same-sex marriage given the provisions of the European Convention on Human Rights (men and women of marriageable age have the right to marry), a series of Acts of Parliament were passed to recognize rights of gay and lesbian couples. The most remarkable among the enactments is the Civil Partnership Act, 2004.
Civil partnership registration will provide a framework whereby partners can acknowledge their mutual responsibilities and manage their financial arrangements reflecting the commitment they make to each other. These rights and responsibilities apply during the partnership and also on the death of a partner or the ending of the relationship. Partners will be recognized in many areas, some of which have caused difficulties in the past. These include recognition under intestacy rules and life assurance, for tax purposes, for pension and employment benefits, the inheritance of tenancy agreements, death registration of a partner, recognition for immigration and nationality purposes, parental responsibility and others.
Applicants can apply as the dependant of a civil partner of people who are in student / employment / P.R status or British nationals provided the sponsor or applicants have enough finances to accommodate themselves without availing public funds.
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