Civil Partnerships

As of 5 December 2005, same-sex couples have been able to formalise their relationship by way of registering a civil partnership.

A civil partnership works much in the same way as ‘normal’ opposite-sex marriage, in that it is an official sign of a couple’s commitment to one another. Furthermore, those within a civil partnership enjoy the same legal protections and obligations as married couples, automatically gaining rights that include:-

• Employment and pension benefits;
• Social security for tax provisions;
• Entitlement to inheritance and succession to property;
• Protection from domestic violence;
• A duty to provide maintenance for your partner, or any children involved in the civil partnership;
• Recognition for immigration etc.

How To Register a Civil Partnership in Scotland

To enter into a civil partnership in Scotland, you must meet the following criteria:-

• Be at least 16 years old;
• Not already married or in a civil partnership;
• Not related to your partner;
• Be the same-sex as your partner.

As long as you comply with the above, you will be eligible to register a civil partnership. To do so, you will need to carefully complete these steps:-

1. Give Notice to the District Registrar

You and your partner must give notice of your intention to register a civil partnership to the district registrar. The district registrar you apply to will be determined by the area in Scotland where you intend to register.

You do not have to fulfil a requirement for length of residence in the country, but you will need to provide some paperwork, including your birth certificate, documents proving you are free to enter a civil partnership (if you have been married or in a civil partnership before) as well as the correct fee (usually around £100). You will also need to provide certain details such as your name, address, and the date and place the civil partnership is to be registered.

2. Allow a 15 Day Waiting Period

Once you have given your notice of intention, the details of your partnership will be publicised in the registrar office of the relevant area of a period of 15 days. This is to allow time for any objections to be made. However, personal details such as your address will not be made available.

3. Registration

After 15 days (and if there are no objections or complications), you will be free to register your civil partnership. Nevertheless, this must be done within 3 months – if this time frame lapses, you will have to start the process from scratch.

You can register in any civil partnership registration office, or at a venue that has been agreed upon with the local registration authority. The only legal stipulation that must be complied with is that both partners sign the civil partnership schedule, which must be done in from of a registrar and two witnesses (who must be at least 16 years old). As with opposite-sex marriages, you may wish to incorporate this into a ceremony. However, this must not contain any kind of religious aspect.

Legal Help in Edinburgh

If you would like any more information on registering a civil partnership in Scotland, do not hesitate to contact our legal team. Whether you simply need further clarification on the process involved, need advice on entering into a civil partnership with someone who is not a UK citizen, or have concerns about a civil partnership registered abroad, we will do our best to help in any way we can.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.

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