The Act
The Civil Partnership Act came into force on 5 December 2005. This allowed the first civil partnerships to be formed by registration in England and Wales on 21 December 2005, after the legal 15-day waiting period passed.
A civil partnership is a legal relationship which can be registered by two people of the same sex, which gives legal recognition to their relationship. Same-sex couples who register a civil partnership will have parity of treatment in a wide range of legal matters with those opposite sex couples who enter into a civil marriage. Legal consequences follow from the registration and the partnership can only be dissolved through a court.
Who is Eligible to Register a Civil Partnership
This would be two people who are:
- Of the same sex
- Over the age of 18 or able to provide evidence of consent if 16 or 17 years of age
- Not in an existing marriage or civil partnership
- Not related to each other within the prohibited degrees of relationship
At the same time as the Act came into force, the immigration rules and other provisions were amended to introduce a new category of 'Civil Partner'. Civil partners are afforded the same provisions in the rules that currently exist for spouses of persons present in the United Kingdom.
If either partner is wishing to register their partnership with someone who is not a British citizen or an EEA national, they will be subject to immigration control. For more details please see Marriage Rules.
How I Register My Partnership
If you wish to register your partnership in the Swindon registration district, each of you must have lived in any district of England and Wales for seven days before the date that you give notice. It does not matter if either of you move to a different district after the notice has been given.
Giving Notice
Each party to the partnership must give their notice to the person authorised to take notices in the registration authority in which they live. If you both live in the same Registration authority, two notices have to be given. If you live in a different Registration authority from your partner, notice has to be given in each Registration authority. Each partner has to give their own notice. It cannot be given by the other person. If you live in the same Registration authority, it would be helpful if you could both attend together to give your notices.
Once you have given notice, 15 clear days has to elapse during which the notice will be displayed. You can then form your partnership on or after the 16th day. The notices are valid for one year.
There is a statutory fee payable for giving notice, currently £30, and you will need to take along certain documents when giving notice (please see documents you need to produce).
A civil partnership can be formed/registered once the couple have signed the civil partnership document (schedule) in the presence of a civil partnership registrar and two witnesses. There is a statutory fee to pay at the time of the formation. This is currently set at £40 if it is taking place at the Register Office. There is an additional charge for the legal certificate of the registration which will be available for a few days after the partnership has been formed.
There is no requirement for a ceremony as part of the legal process of forming a civil partnership. However, Swindon Registration Service will be delighted to offer choices of ceremonies if the couple want one.
Where the Civil Partnership Registration Can Take Place
They can take place at the Register Office or at any of the premises that are currently approved for civil marriages.
List of Approved Premises
Civil Marriages and Civil Partnerships in Approved Premises
Marriage and Civil Partnership Fees
If you want to discuss any aspect of the legal preliminaries to civil partnership registration, or any aspects about the ceremony, or to make a booking for a ceremony within Swindon borough, please contact the Superintendent Registrar by clicking on this link.