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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.
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