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Civil Partnerships Notes

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Civil Partnerships Legal Basis

Civil Partnership Act 2004 o Created notion of Civil Partnership o Where just over 7000 in 2008, fall of 18% in 2007 - not really surprising b/c backlog of people wanting to get hitched just after the Act o What is says is that essentially gets same sex marriage
? Could have been very short Act - i.e. where in law says "spouse" read "or civil partner"
? In fact, just went line by line to change it specifically

So is hundreds of pages long. What are the differences between civil partners and marriage?

When it actually starts o A marriage starts on the exchange of promises (the "I dos") o Civil Partnership = signing of register - bit more of objective evidence than marriage

Cannot include a religious element o Civil Partnership can't have religious bits - can have that afterwards, but can't be part of the ceremony o But marriage can have some religious elements o Equality Act 2010 has changed that - if a religious group wishes, it can conduct a religious ceremony as part of that
? Some Quakers and liberal Jews have said that would like to do this.

Effect of the Civil Partnership o Sec of State for Work and Pensions v M
? Baroness Hale

Civil Partnerships have virtually identical legal consequences to marriage o Manthorpe:
? While the CPA recognises the legal relationship between the couple, it does not recognise legally any relationship between the partner's children or wider family

Grounds for the civil partnership being annulled under CPA 2004 s.49 o These are the same as for marriage EXCEPT the voidable grounds are slightly different in that two of them do not appear in the CPA 2004
? Lack of consummation is not a ground for avoiding a civil partnership
? Nor is the presence of a Venereal disease

Divorce o These are again nearly the same grounds as for marriage
? EXCEPT that "adultery" is not a ground for dissolving the Civil Partnership.

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