FROM THE ARCHIVE
Civil Partnership FAQs Issue 254 February 2011
With our 2nd annual Civil Partnership issue out this week, we look back at highlights from last years issue. First up - Civil Partnership FAQ's
Issue 254
As of January 3 it is legal for same-sex couples in Ireland to enter into a Civil Partnership, bringing with it a whole set of regulations, documentation and procedures for those who want to legally formalise their unions. Alan Moss is here to answer all the pertinent questions.
What does the Civil Partnership Act actually mean to you? Are you planning your ceremony but getting bogged down in the information and requirements? Here is a handy list of FAQ's and a checklist of all the things that you need to ensure that you successfully take the big step!
What exactly is a civil partnership?
A civil partnership is a legal union between two people of the same sex who agree to love and care for each other for life. Many of the rights and responsibilities associated with marriage are the same in civil partnerships.
Who is eligible to enter into a civil partnership?
If you and your partner are over the age of 18 and are not currently married or in an existing civil partnership, then you are eligible to register for a civil partnership.
What is the first step in arranging a civil partnership?
Firstly, you must notify a Registrar of your intention to enter into a civil partnership. It is a legal requirement to give three months notice to the Registrar. A civil partnership will not be valid unless three months notice has been given and if three months notice is not given, the partnership will be void and will be deemed an offence liable to a fine of up to €2,000 or up to six months imprisonment or both.
How do I notify the Registrar?
The notification can be given at any Registrar's office. It does not have to be a Registrar in the area where the civil partnership registration is to take place or where you are living. You should contact the Registrar first to make an appointment.
What happens when I am notifying the Registrar?
When notifying the Registrar, there is a list of documents required, including passports, birth certificates and proof of address (see sidebar for full details).
You will also be required to inform the Registrar of the intended date and proposed venue of the ceremony as well as the names and dates of birth of the witnesses. You will be required to pay the appropriate fee to the Registrar. You and your partner will have to complete a declaration of no impediment stating that they are not aware of any lawful impediment to the proposed civil partnership.
What are the lawful impediments possible?
There is an impediment to the civil partnership if one or both of the partners are under the age of 18, are still married, are still in an existing civil partnership or if the partners are not of the same sex. There are also restrictions on the relationships suitable for a civil partnership. A civil partnership cannot occur between people if they are related, including half-blood related and related by process of adoption. A full list of the lawful impediments to the civil partnership can be found at www.groireland.ie
How do we set a date for the ceremony?
It is a good idea to meet with the Registrar before confirming a date for the ceremony. If you have a date or time that you particularly want it is a good idea to notify the Registrar well in advance of when you would like the ceremony to take place to avoid disappointment.
Where can the civil partnership ceremony take place?
The ceremony can take place at the Registry Office. If you and your partner wish to have the ceremony at an alternative venue, you must contact the Registration Office in the area where the venue is located and apply to have the venue approved for the civil partnership. The Registrar may need to make an inspection of the venue and again, it is advisable to contact the Registrar as early as possible. There are certain requirements that your venue needs that can be found at www.groireland.ie.
Who performs the civil partnership ceremony?
The ceremony is performed by a Civil Registrar in the presence of two witnesses of your choosing, over the age of 18.
What happens at the ceremony?
The ceremony has certain legal criteria that must be fulfilled. An oral commitment must be made out loud where each party declares that they do not know of any impediment to the civil partnership, their intention to live with and support the other party and that they accept the other party as a civil partner. A written declaration is also made by signing the CPRF (Civil Partnership Registration Form) by both parties to the civil partnership, the witnesses and the Registrar. Aside from the legalities (if agreed by the Registrar) you and your partner can personalise your ceremony by including personal vows, readings and music in the ceremony.
How big a commitment is a civil partnership?
You and your civil partner will share much of the rights and responsibilities akin to married couples. Being civil partners means financially maintaining each other and sharing resources. It is not a requirement that you and your partner co-habit the same property but it is required that you share your life with and care for your partner.
Will our civil partnership be recognised by the taxation and social welfare services?
Yes, you and your civil partner will be subject to the same taxation process as married couples. For example, when one of you passes away, the other will have entitlement to a pension. Essentially the surviving partner will be seen in the same way as a widow/widower in this respect. Similarly the social welfare system recognises civil partners in the same way as it does married couples and it now treats same-sex co-habiting couples in the same fashion as it does co-habiting opposite-sex couples. See www.welfare.ie for more information.
Does it matter if my partner is not from Ireland?
No, you will still be able to enter into a civil partnership. If your partner is not from the EU however, the normal immigration rules will apply. In some cases it may be possible for your partner to be granted access to live and work in Ireland. For further details, see the Immigration and Naturalisation Service (www.inis.gov.ie).
Is my civil partnership/same sex marriage from another country recognised in Ireland?
In most instances your civil partnership or same-sex marriage will be recognised here in Ireland in the same manner as an Irish civil partnership. However, you will not be able to have a civil partnership ceremony in Ireland. For further details see www.justice.ie
My partner and I have a child together, what is the legal recognition of this child?
The non-biological parent in the partnership will not be give awarded a legally binding relationship with the child. However, the Law Reform Commission recommends extending parental rights to the civil partner in their report on the Legal Aspects of Family Relationships. See www.lawreform.ie for more details.
Civil Partnership Checklist
1. Notification: make an appointment with Registrar.
2. The following documents are required when giving notification:
- Passport as photographic identification (if this is not available, you must discuss this with the Registrar when making your appointment)
- Original Birth Certificate
- Proof of address
- PPS Number (where applicable)
- If either party is divorced, original final decrees in respect of all previous divorces
- If either party is widowed, death certificate of the spouse and the civil marriage certificate
- If either party had a previous civil partnership dissolved, original final decree of dissolution in respect of all previous registered civil partnerships
- If either party is a surviving civil partner, a death certificate of the civil partner and the civil partnership certificate
3. There is a fee applicable for notification and must be paid at your appointment.
4. Additional details required include the intended date of civil partnership, the names and dates of birth of the two witnesses, and the details of the proposed venue.