Civil Partnership Act 2004
592190
225028596
2008-07-11T15:15:39Z
Joshuajohanson
3773005
/* Drafts of the Act */ Added same-sex relationship
{{British legislation lists, Acts}}
:''See [[Civil partnerships in the United Kingdom]] for a detailed discussion of the Act and its implementation''.
'''Civil partnerships in the [[United Kingdom]]''', granted under the [[Civil Partnership Act 2004]], give same-sex couples [[Legal consequences of marriage and civil partnership in the United Kingdom|rights and responsibilities]] identical to civil [[marriage]]. Civil Partners are entitled to the same [[property rights]] as married opposite-sex couples, the same exemption as married couples on [[inheritance tax]], [[social security]] and [[pension]] benefits, and also the ability to get [[Parental responsibility (access and custody)|parental responsibility]] for a partner's children,<ref>{{cite news | date=[[2004-03-31]] | url=http://news.bbc.co.uk/1/hi/uk_politics/3584285.stm | title=Gay couples to get joint rights | publisher=[[BBC News]]|accessdate=2006-05-14}}</ref> as well as responsibility for reasonable maintenance of one's partner and their children, [[tenancy]] rights, full [[life insurance]] recognition, [[next-of-kin]] rights in hospitals, and others.<ref>[http://www.direct.gov.uk/en/RightsAndResponsibilities/DG_10026937 ''Rights and Responsibilities'' on the Directgov website]</ref> There is a formal process for dissolving partnerships akin to [[divorce]].
==Schedule 20==
Schedule 20 recognises certain overseas unions as equivalent to [[Civil partnerships in the United Kingdom|civil partnerships]] under the laws of the United Kingdom. Same-sex couples who have entered into those unions are automatically recognised in the United Kingdom as civil partners.
Schedule 20 is subject to adjustment, and additional overseas relationships may be added as more jurisdictions across the world bring in civil partnership or same-sex marriage legislation. On [[December 5]], [[2005]], the original schedule of the 2004 act was amended to include several other countries and states.<ref>[http://www.opsi.gov.uk/si/si2005/20053135.htm Text of the 2005 Statutory Instrument]</ref> Schedule 20 does not, therefore, include relationships created since that time. Overseas relationships recognized under Schedule 20, as amended, are as follows:
*[[Andorra]]: ''unió estable de parella'' (stable partnership union)
*[[Australia]]: [[Recognition of same-sex relationships in Australia|Tasmania – significant relationship]]‡
*[[Belgium]]: [[Same-sex marriage in Belgium|marriage]] and ''[[Civil unions in Belgium|cohabitation légale/wettelijke samenwoning/gesetzliches Zusammenwohnen]]'' (statutory cohabitation)
*[[Canada]]: [[Same-sex marriage in Canada|marriage]], as well as [[Nova Scotia]] domestic partnership and [[Quebec]] ''[[Civil unions in Quebec|union civile/civil union]]''
*[[Denmark]]: ''[[Civil unions in Denmark|registreret partnerskab]]'' (registered partnership)
*[[Finland]]: ''[[Civil unions in Finland|rekisteröity parisuhde/registrerad partnerskap]]'' (registered partnership)
*[[France]]: ''[[Pacte civil de solidarité]]'' (civil solidarity pact)
*[[Germany]]: ''[[Civil unions in Germany|Lebenspartnerschaft]]'' (life partnership)
*[[Iceland]]: ''[[Civil unions in Iceland|staðfesta samvist]]'' (confirmed cohabitation)
*[[Luxembourg]]: ''[[Civil unions in Luxembourg|partenariat enregistré/eingetragene Partnerschaft]]'' (registered partnership)
*[[Netherlands]]: [[Same-sex marriage in the Netherlands|marriage]] and ''[[Civil unions in the Netherlands|geregistreerd partnerschap]]'' (registered partnership)
*[[New Zealand]]: [[Civil unions in New Zealand|civil union]]
*[[Norway]]: ''[[Civil unions in Norway|registrert partnerskap]]'' (registered partnership)
*[[Spain]]: [[Same-sex marriage in Spain|marriage]]
*[[Sweden]]: ''[[Civil unions in Sweden|registrerat partnerskap]]'' (registered partnership)
*[[Uruguay]]: ''[[Civil unions in Uruguay]]''
*[[United States]]:
**[[Domestic partnerships in California|California – domestic partnership]]
**[[Civil unions in Connecticut|Connecticut – civil union]]
**[[Domestic partnership in Maine|Maine – domestic partnership]]
**[[Same-sex marriage in Massachusetts|Massachusetts – marriage]]
**[[Civil unions in New Jersey|New Jersey – domestic partnership]]‡
**[[Civil unions in Vermont|Vermont – civil union]]
'''‡''' ''Civil unions in New Jersey and various unions in various Australian states were created after Schedule 20 was last updated and are dealt with below.''
===Unions adopted since Schedule 20 last amended===
The following unions were created after Schedule 20 was last updated, and therefore couple must prove such union meet the general conditions under Section 214 of the Act to register them as civil parternships:
*[[Australia]] provides unregistered co-habitation in [[New South Wales]], [[Australian Capital Territory]], [[Northern Territory]], [[South Australia]], [[Queensland]] and [[Western Australia]]; or [[registered partnership]]s in the [[Council]] areas of [[Sydney]] and [[Melbourne]] and in the state of [[Victoria (Australia)|Victoria]]. (The [[Commonwealth of Australia]] provides only independancy relationships in 3 areas only; Military or ADF, supperannuation and migration of same-sex partner).
*[[Czech Republic]]: [[Civil union in the Czech Republic|registered partnership]]
*[[Mexico]]:
**[[Recognition of gay unions in Mexico|Coahila – pacto civil de solidaridad]] (civil union)
**[[Recognition of gay unions in Mexico|Mexico City – sociedad de convivencia]] (civil union)
*[[Slovenia]]: [[Civil union in Slovenia|registered partnership]]
*[[Switzerland]]: [[Civil union in Switzerland|registered partnership]]
*[[South Africa]]: [[Same-sex marriage in South Africa|marriage]]
*[[United States]]
**[[Same-sex marriage in California|California – marriage]]
**[[Recognition of gay unions in New Jersey|New Jersey – civil union]]
**[[Civil unions in New Hampshire|New Hampshire – civil union]]
**[[Domestic partnership in Oregon|Oregon – domestic partnership]]
**[[Domestic partnership in Washington|Washington – domestic partnership]]
==Legislative passage==
The Act was announced in the [[Queen's Speech]] at the start of the 2003/2004 legislative session, and its full text was revealed on [[March 31]], [[2004]]. It received [[Royal Assent]] on [[November 18]], [[2004]], and came into force on [[5 December]] [[2005]], allowing the first couples to form civil partnerships 15 days later. Confusion regarding the interpretation of the Act led to registrations being accepted from [[December 19]] in Northern Ireland, [[December 20]] in Scotland and [[December 21]] in England and Wales. [[Scottish Parliament|Scotland's Parliament]] voted in favour of a [[Legislative Consent Motion]] allowing [[Westminster]] to legislate for Scotland in this Act.
As a [[Bill (proposed law)|Bill]], it met with broad support from all of the UK's major political parties. However, it also faced criticism on several fronts—from people who alleged that [[marriage]] would be 'diluted' by extending the rights of it to others; from people who felt the government should simply extend marriage itself; and from opposite-sex couples who wished themselves to have the right to enter into a civil partnership.
In the debate on the Bill in the [[House of Lords]] on [[June 24]], [[2004]], an amendment to extend eligibility for civil partnership to blood relatives who had lived together for a minimum period of time, was moved by [[Conservative Party (UK)|Conservative]] peer [[Detta O'Cathain, Baroness O'Cathain|Baroness O'Cathain]] and approved. The [[British House of Commons| House of Commons]] later removed this amendment and sent the revised Bill back to the Lords for reconsideration. The Lords decided to accept the Commons version on [[November 17]], and the Bill received Royal Assent the next day.
==References==
{{reflist}}
==External links==
* [http://www.legislation.hmso.gov.uk/acts/acts2004/20040033.htm Civil Partnership Act 2004] official text published [[25 November]] [[2004]]
* [http://www.hmso.gov.uk/acts/en2004/2004en33.htm Explanatory Notes to Civil Partnership Act 2004]
*[http://www.opsi.gov.uk/si/si2005/20053135.htm The Civil Partnership Act 2004 (Overseas Relationships) Order 2005, SI 2005/3135]
*[http://www.equalities.gov.uk/civilpartnership/index.htm Equalities Office information on civil partnerships]
*[http://dmoz.org/Regional/Europe/United_Kingdom/Society_and_Culture/Politics/Issues/Civil_Partnerships_Bill/ Open Directory Project - Civil Partnership Act 2004] directory category
=== Drafts of the Act ===
* [http://www.publications.parliament.uk/pa/cm200304/cmbills/168/2004168.htm Civil Partnership Bill] official text from [[26 October]] [[2004]]
* [http://www.publications.parliament.uk/pa/cm200304/cmbills/132/2004132.htm Civil Partnership Bill] official text from [[5 July]] [[2004]]
* [http://www.publications.parliament.uk/pa/ld200304/ldbills/053/2004053.htm Civil Partnership Bill] official text from [[30 March]] [[2004]]
[[Category:United Kingdom Acts of Parliament 2004]]
[[Category:LGBT law in the United Kingdom]]
[[Category:Discrimination law in the United Kingdom]]
[[Category:Same-sex relationship]]