|
|
 |
News & Publications - News Article
| |
| Civil Partnership - Heads of Bill, July 2009 |
The Civil Partnership Bill was published on the 26th June 2009 and it is anticipated that it will be enacted by the end of the year. It has been described as a key step in providing legal recognition for same-sex couples and addressing the legal difficulties experienced by cohabitants on the ending of a relationship and is to welcomed. There has been little change since the Heads of Bill were published last year.
The Bill provides for statutory civil partnership registration for same-sex couples. Once registered, the couple will be subject to a range of rights, obligations and protections which are comparable to those enjoyed by married couples. The consequences of the dissolution of such partnerships are dealt with by the Bill. Foreign registered civil partnerships and same-sex marriages will be made capable of recognition.
The Bill also deals with cohabiting opposite-sex and same-sex couples. The Bill establishes a twofold approach: a contract model and a redress model. The contract model provides for the recognition of cohabitants’ agreements which regulate the shared financial affairs of cohabiting couples. The redress model provides a safety net for couples who have lived together for two years if they have children, or three years if there are no children. Where such a relationship ends, whether by break-up or death, a financially dependent cohabitant may apply to Court for limited financial relief, including maintenance, property or pension adjustment orders, or provision from the estate of a deceased cohabitant. A couple can choose to contract out of the redress model if they wish. If a couple choose to enter a cohabitants’ agreement, they must receive legal advice and produce full financial disclosure.
Publication of the Bill has provoked a mixed reaction with some commentators arguing that the proposed legislation does not go far enough to provide equality for same-sex couples because it does not provide access to civil marriage. On the other hand, it has been argued that this approach guarantees that no constitutional challenges will delay or prevent the introduction of the legislation. The Bill faces further criticism from those who point out that there is a systematic exclusion of the words “family” and “children” and no provision is made for children who are parented by a same-sex couple.
| | |
|
| |
|
| |
|
| |  |
|
|
|
