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Civil Partnerships Notes

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A more recent version of these Civil Partnerships notes – written by Oxford students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Family Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Civil Partnerships Legal Basis

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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

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

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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

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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.

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

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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

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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

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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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