The Civil Partnerships Act comes in to force on the 5 December 2005 and by the 21 December the first partnership ceremonies will be taking place.

Whilst some committed couples will welcome the opportunity to have legal recognition of their relationship, the decline of heterosexual marriage suggests there may not be a stampede of gay and lesbian couples heading for the Register Office.

For those who do choose to enter in to Civil Partnership the registration formalities will be administered by a Registrar, as in civil marriage. The procedure is entirely secular. It may take place at any venue licensed to host marriage ceremonies, but not in a place of religious worship. There are still very few churches willing to bless same sex partnerships.

Upon registration of a Civil Partnership same sex couples will legally become “next of kin”, and will enjoy benefits, previously available only to married couples. Transfers of property between partners will generally be exempt from Inheritance Tax and Capital Gains Tax. Partners will be treated as spouses for the purposes of state and public sector occupational pensions.

As step parents, Civil Partners will be able to obtain Parental Responsibility for their partner’s children by agreement or Court Order. Like marriage, once the Civil Partnership is registered, an application for its dissolution cannot be made for at least 12 months. It may then be dissolved on proof of the ‘irretrievable breakdown’ of the relationship. The ‘facts’ (commonly referred to as “grounds”) relied upon to prove the breakdown of Civil Partnership are identical to those in Divorce with the exception of adultery.

On the dissolution of a Civil Partnership, as on the dissolution of marriage by Divorce, Courts will have comprehensive powers to determine the terms of a financial settlement.

The possibility of Courts imposing adjustment of rights of ownership to property and pensions, on breakdown of relationships, will be available to same sex couples for the first time and represents a considerable cultural change. As much as many will welcome this equality, those contemplating Civil Partnership should consider the potential disadvantages as well as the advantages.