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Straightforward Publishing - Steve Richards

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90 pages

English

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A propos
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Description

This latest publication in the Emerald Series, Guide to Civil Partnerships and Marriage Revised Edition, Updated to 2017, is a concise guide to the rights of individuals in relation to the law covering same sex unions, both civil partnerships and marriage. The book will enable anyone who is considering embarking upon a civil partnership or marriage to fully understand the ramifications of such unions and to also understand the law covering wider aspects of partnerships, such as employment, property ownership, adoption and also dissolution and divorce.

Sujets

Law

Informations

Publié par	Straightforward Publishing
Date de parution	25 octobre 2017
Nombre de lectures	0
EAN13	9781847168115
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

CIVIL PARTNERSHIPS AND THE MARRIAGE (SAME SEX COUPLES) ACT 2013
REVISED EDITION
STEVE RICHARDS
Emerald Guides
Emerald Guides
Straightforward Publishing 2017
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN: 978-1-84716-735-4 ISBN: 978-1-84716-811-5 (ePUB) ISBN: 978-1-84716-823-8 (Kindle)
Printed by 4edge www.4edge.co.uk
Cover design by Straightforward Graphics
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for the errors or omissions contained within.
Introduction
Chapter 1. Overview of the Civil Partnerships Act 2004
Chapter 2. Dissolution of Civil Partnerships
Chapter 3. Property and Financial Relationships
Chapter 4. Civil Partnership Agreements
Chapter 5. Civil partnerships and Children
Chapter 6. Miscellaneous Provisions in the CPA 2004
Chapter 7. Civil Partnerships Formed or Dissolved Abroad
Chapter 8. Overseas Relationships Treated as Civil Partnerships
Chapter 9. Marriage (Same Sec Couples) Act 2013
Appendix 1. Sections and Schedules to the Act. 1-3.
Further information
Index
Introduction
This revised edition of CIVIL PARTNERSHIPS AND THE MARRIAGE (SAME SEX COUPLES) ACT 2013 (revised to 2017 ) will be invaluable to either the layperson who wishes to know more generally about civil partnerships and same sex marriage, or for the student or professional who wishes to know more about the detail of the law.
The book is structured in such a way that the initial chapters dealing with the respective areas provide a general overview, with the subsequent chapters and appendix dealing with the finer detail.
The Marriage (Same Sex Couples) Act 2013, became law in July 2013. The main provisions of the Marriage (Same Sex Couples) Act 2013 are:

1. To allow same sex couples to marry in a civil ceremony;
2. To allow same sex couples to marry in a religious ceremony where the religious organisation has opted in
3. To enable civil partners to convert their civil partnership into a marriage;
4. To enable married individuals to change their legal gender without having to end their marriage.
Those couples not in an existing legal relationship were able to give notice of marriage as from Thursday 13th March 2014. The first marriage for same sex couples took on Saturday 29th March 2014. The arrangements for allowing the conversion of civil partnerships into marriages, and allowing people who change their legal gender to remain in their marriage, have now been enacted.
You can convert your civil partnership into a marriage at:

a register office
a local registration office
a religious or approved premises where same sex marriages are allowed - a ceremony may follow
There are different rules for Scotland. You can t convert a civil partnership into a marriage in Northern Ireland.
This book covers both the Civil Partnerships Act 2004 and the Marriage (same Sex Couples Act 2013. Chapter one provides an overview of the Civil partnerships Act 2004, whilst chapters 2-8 provide more detailed provisions of the Act. Chapter 9 provides a detailed overview of the 2013 marriage (Same Sex Couples) Act 2013 and appendix one show more detailed provisions in the schedules..
The book will act as an ideal introduction to the law and procedure of both civil partnerships and also same sex partnerships and marriage and is suitable for both students, professionals and laypeople who wish to keep up to date with this area.
***************.
Chapter 1.
Overview of the Civil Partnerships Act 2004
This brief introduction provides an overview of the Civil Partnerships Act 2004. It is intended to provide a background to the more detailed information provided within the body of the text contained in this book.
The book does not cover Scotland or Northern Ireland, which are contained in Parts 3 and 4 to the Act, although there are references to both countries throughout. The Act is similar throughout the United Kingdom, but there are differences which take into account different legal systems. For further details on the Act as it applies in Scotland and Northern Ireland you should go to the government website which displays the Act in its entirety: www.legislation.gov.uk .
Since 2005, the number of civil partnerships has naturally declined, and the differences in men and women entering civil partnerships has equalised. With the introduction of the Marriage (Same Sex Couples) Act 2013 as described in Chapter 9, the trend has been that more couples opt to get married, although it remains to be seen whether this trend will continue.
Civil Partnerships
Part 1 of the Civil Partnerships Act 2004 introduces and defines a civil partnership. A Civil partnership is a legal relationship, which can be registered by two people of the same sex. Same sex couples within a civil partnership can obtain legal recognition for their relationship and can obtain the same benefits generally as married couples.
The Civil Partnerships Act came into force on 5 th December 2005. The first civil partnerships registered in England and Wales took place on 21 st December 2005. Civil partners will be treated the same as married couples in many areas, including:

Tax, including inheritance tax
Employment benefits
Most state and occupational pension benefits
Income related benefits, tax credits and child support
Maintenance for partner and children
Ability to apply for parental responsibility for a child
Inheritance of a tenancy agreement
Recognition under intestacy rules
Access to fatal accidents compensation
Protection from domestic violence
Recognition for immigration and nationality purposes
The registration of a civil partnership
Part 2, Chapter 1, of the Act introduces the registration process. Two people may register a civil partnership provided they are of the same sex, not already in a civil partnership or legally married, not closely related and both over 16 although consent of a parent or guardian must be obtained if either of them are under 18. This section of the Act has now been amended by Paragraph 34 of the Marriage (Same Sex Persons) Act 2013 which now states that a widow or widower under 18 does not require consent of another person before entering into a civil partnership.
Registering a civil partnership is a secular procedure and is carried out by the registration service, which is responsible for the registration of births, deaths and marriages. A civil partnership registration is carried out under what is termed a standard procedure, which can be varied to take into account housebound people or people who are ill and are not expected to recover.
The standard procedure for registering a civil partnership
A couple wishing to register a civil partnership just have to decide the date they want to register and where they want the registration to take place. The formal process for registering consists of two main stages-the giving of a notice of intention to register and then the registration of the civil partnership itself.
The first stage, the giving of notice is a legal requirement and both partners have to do this at a register office in the area of a local authority where they live, even if they intend to register elsewhere. The notice contains the names, age, marital or civil partnership status, address, occupation, nationality and intended venue for the civil partnership. It is a criminal offence to give false information. If one of the partners is a non-EEA citizen and subject to immigration controls (see later) there are additional requirements to be fulfilled. Once the notice has been given it is displayed at the relevant register office for 28 days. This provides an opportunity for objections to be made. The civil partnership cannot be registered until after 28 clear days have elapsed from the date of the second person gives notice.
Each partner needs to give notice in the area that they have lived for at least seven days. If the couple live in different areas then each will post a notice in their own relevant area. When giving notice they will be asked where they wish the civil partnership to take place.
Residency requirements for a civil partnerships
A couple can register a civil partnership in England and Wales as long as they have both lived in a registration district in England and Wales for at least seven days immediately before giving notice. If one person lives in Scotland and the other lives in England or Wales, the person living in Scotland may give notice there. Officers, sailors or marines on board a Royal Navy ship at sea can give notice to the captain or other commanding officer, providing they are going to register with someone who is resident in England and Wales. Service personnel based outside England and Wales have to fulfil the above residence requirements.
Documentary evidence of name, age and nationality will need to be shown. Passports and birth certificates are the main documents required. Proof of address will be required. If either partner has been married or in a civil partnership before, then evidence of divorce or dissolution will be required. If either partner is subject to immigration control a document showing entry clearance granted to form a civil partnership will need to be shown, along with a home office certificate of approval and indefinite leave to remain in the UK.
Civil partnership registration
A civil partnership registration can take place in any register office in England and Wales or at any venue that has been approved to hold a civil partnership. Approved premises include stately homes and other prestigious buildings including hotels and restaurants. From 5th December 2005, any venue that has approval for ci