Civil Partnership in Scotland

The Civil Partnership Act 2004, which applies throughout the UK, came into force on 5th December 2005. The Act allows same-sex couples to make a formal, legal commitment to each other by entering into a 'civil partnership' through a statutory civil registration procedure. The process brings a range of new rights and responsibilities to those involved.

There is no need for couples to have a formal ceremony - the registration can be as simple as appearing at a Registrar's office with two witnesses, and signing the official documentation. Where a more detailed ceremony is preferred, this can be arranged with the Registrar.

In Clackmannanshire, we recognise that just as each couple is unique, each civil registration ought to be unique. For those who wish it, we can offer a ceremony to support the registering of a civil partnership. A tailored ceremony, allowing couples to create a very personal service to share and celebrate with family and friends (or in private, if preferred), can be discussed with your Registrar.

Only certified Registrars may register a Civil Partnership. And, if desired, we will consider providing a service at any location in Clackmannanshire, subject to Council clearance.

How to proceed

If you wish to consider a Civil Partnership, you must contact the Registrar as soon as you have decided on your preferred date to ensure that a Registrar will be available.

The ceremony may take the form of a declaration made in the presence of the Registrar and two witnesses who must be 16 years of age or over. Where a more detailed ceremony is preferred, this can be arranged with the Registrar.

By law both parties to a Civil Partnership must complete a Civil Partnership Notice form, which are available from the Registrar. General guidance on Decrees of Relationship can be found by viewing leaflet RCP1. Although provisional bookings for a Civil Partnership can be taken well in advance, Civil Partnership Notice forms (CP10) can only be lodged up to 3 months in advance. The minimum period for lodgement of Notices is 14 clear days prior to the chosen date. (We recommend that Notice forms should be returned around 4 to 6 weeks before the date of the registration).

Documentation

Depending on your personal circumstances, additional documents may require to be submitted with your Civil Partnership notice forms (these could include evidence of birth extract, divorce, citizenship, death certificate of previous spouse or partner etc). Documents required may take some time to be produced. If you are planning to enter a civil partnership in the UK and you are subject to Immigration Control you will require to contact the Home Office.

It is therefore essential to contact the Registrar as soon as possible for relevant advice.

Rights and Responsibilities arising

Through confirming a civil partnership, couples can gain important rights and responsibilities which will assist in the organisation of everyday life. For example, the provisions in the Act include:

employment and pension benefits;
recognition under intestacy rules;
access to fatal accidents compensation;
recognition for immigration and nationality purposes.
a duty to provide reasonable maintenance for your civil partner and any children of the family;
civil partners to be assessed in the same way as spouses for child support;
equitable treatment for the purposes of life assurance.

Once you have entered into a Civil Partnership, you should also be aware that changes will apply to the points listed below: