Partnership Register for Same Sex Couples

As many will have read in the news recently, a consultation paper is due to be released proposing that same sex couples be given the opportunity to register their 'relationship'. The terms of how registration is to be effected are unknown at this stage but it is anticipated that a period of living together will be required. The main effect however will be that same sex couples who register will be entitled to similar benefits to those who marry.

By way of example:

1. Same sex couples will be exempt from Inheritance Tax in a similar way to married couples. This will prevent the surviving partner being evicted from their home or being forced to sell property after their partner's death.
2. Pensions - same sex couples will be entitled to benefit from occupational pension schemes in the same way as a surviving wife or husband does at the moment.
3. Next of kin - same sex couples will be given the legal right to act as 'next of kin' enabling them to be consulted on hospital treatment if their partner is seriously ill. They would also have the right to dictate funeral arrangements.
4. Separation - same sex couples will be given the same 'remedies' available to married couples if their relationship breaks down which would include property rights, maintenance etc.
5. Immigration - same sex couples would have the same rights as married couples to bring their partner to live in Britain.

The legislation proposed is likely to provoke controversy. There seem to be two main strands of opposition namely:

1. It will undermine the institution of marriage. (Christian and other religious bodies are the main opponents).
   
   It is a fact that for many years now marriage has been on the decline as it has become more acceptable for couples to live together. The argument put forward by religious bodies is that the proposed legislation will not support marriage. However, those in favour of the legislation do not think heterosexuals will stop getting married because same sex couples can register.
   
   The registration of same sex couples will command civil status only. In other words the relationship will only be recognised by the state and will not have any religious significance. The proposed legislation will bring the United Kingdom within the European Union's Equal Treatment Directive, which bans discrimination against lesbians and gays. The government is not proposing that lesbians and gays have the opportunity to marry in a civil ceremony in the same manner as heterosexuals, but instead to provide equal treatment for those who choose to register. .
   
   
2. The legislation is discriminatory in that it does not extend to heterosexual couples
   
   Lord Leicester of Herne Hill who introduced a private members bill on civil partnerships last year strongly felt that anyone who chooses not to marry should have the same rights to register their relationship if they want. However the government argue that as heterosexuals do have the choice to marry they do not need to register their relationships. Indeed to register their relationship could be seen as a step to undermine the institution of marriage.

In summary if partnership registration becomes law same sex couples who choose to register will have similar rights to heterosexuals who marry. However, this still leaves a very large portion of the population who live together without any legal protection or framework whether they are a heterosexual or same sex couple. The likely trend is that many couples who live together will not marry or register their relationships for all sorts of reasons. Some of those people will continue to be at risk and will be vulnerable if their partner dies or their relationship breaks down. The legislation proposed only prevents discrimination for a small portion of the population. It will not provide basic protection for all other couples.

The Solicitors Family Law Association, (SFLA) and the Law Society have both recommended to the government that they address the difficulties arising from cohabitation of heterosexuals as well as the problem of discrimination against same sex couples who would like their relationship recognised but cannot marry at the moment. The Law Society and the SFLA have put forward their own proposals and are presenting these to the government with the consultation paper. (Please see the SFLA's paper on, "Fairness for Families" which can be found on the link to the SFLA website).

If you would like any further information about this or how the new legislation may affect you please contact Fiona Read on 020 8392 6324.