The Civil Partnership Act 2004 was passed by the Westminster Parliament in November 2004, and came into effect on December 5th 2005. Under the Act, same-sex couples can register a civil partnership, which has the same legal effects, rights and obligations as marriage does for mixed-sex couples. For that reason, civil partnership is often called 'gay marriage'.

This page give a summary of civil partnership; we also have a separate civil partnership website which gives more details.

Registration

In Scotland, civil partnership is available to same-sex couples, so long as both are over 16, and neither is already in a civil partnership or married. Like marriage, civil partnership is not available to close relatives (eg two sisters, father and son, aunt and niece). Unlike England and Wales, it is not necessary in Scotland to have parental permission to register a civil partnership while aged 16 or 17. It is not necessary to be resident in Scotland to register a civil partnership here, although people from outwith the European Economic Area (the EU plus Norway, Iceland and Lichtenstein) or Switzerland need to obtain permission from the immigration authorities to register a civil partnership here.

To register a civil partnership, both partners submit a civil partnership notice to a district registrar in the location where you wish to register. This can be done by post. A date for registration is arranged with the registrar - this must be at least 15 days after the date the notices are submitted. Registration involves a non-religious ceremony, which both the couple, and two witnesses over 16 years of age, must attend. Couples can arrange with the registrar to modify the ceremony to change the wording, include (non-religous) readings, etc. The legal effects of civil partnership start as soon as the civil partnership schedule is signed at the ceremony.

Registration can take place at a registration office, or at any other place agreed with the registrar - the General Register Office for Scotland publishes a list of places approved for registering a civil marriage, and these places should also be available for registering a civil partnership. It is a breach of the Equality Act (Sexual Orientation) Regulations 2007 for a place that hosts civil marriage ceremonies to refuse to host civil partnership receptions. If the place you want to use is not on the approved list, speak to the district registrar for the relevant district, because registrars have the power to agree to conduct registration in most locations. The main exception is religious premises: like civil marriage, a civil partnership cannot be registered on religious premises. However, there is nothing in the law to prevent a supportive minister, priest etc. conducting a blessing of a couple's relationship on religious premises, immediately before or after civil registration is done at a nearby location.

The rules and arrangements for registering a civil partnership are explained here. Unlike marriage, a civil partnership cannot be conducted by a religious celebrant (minister, rabbi etc); any religious ceremony has no legal effect, and a civil registration ceremony must be held by the registrar as well.

If a couple has registered a legally effective civil partnership (domestic partnership, civil union, etc) in another country, or has registered a same-sex marriage in another country, they will usually be treated in this country as if they had registered a civil partnership here, and will not need to register again in this country.

The effects of registration

Once a couple have registered a civil partnership, the legal effects are almost identical to marriage. These include (this is not a complete list):

• the obligation to support one another financially
• the right to inherit a substantial part of your partner's property, on their death, whether or not there is a will, and without having to pay inheritance tax
• a survivor's pension is likely to be available from your partner's pension scheme after their death - check the details with the pension provider (depending on the pension scheme, this may be a smaller pension than a married partner would get, because civil partnership law is much newer than marriage law)
• laws which provide protection from domestic abuse
• if a UK citizen registers a civil partnership with a citizen of a foreign country, the foreign partner will usually be permitted to reside in the UK with their partner
• being able to inherit the tenancy of your partner's flat if they die, and you had been living there
• hospitals etc should recognise you as your partner's next of kin
• the right to claim damages from a person causing the death of your partner by a wrongful act
• for assessing social security and other benefits, both partners' incomes are taken into account

• 'unreasonable behaviour' - the partner applying for the dissolution shows that the other partner has behaved in such a way that it would be unreasonable to expect the applicant partner to continue living with them. This behaviour could include domestic abuse for example, and depending on the circumstances could also include sexual infidelity.
• the partners have lived apart for one year and they both agree to the dissolution.
• the partners have lived apart for two years and only one of them wants the dissolution.