CIVIL PARTNERSHIPS

Question 1

Which Act created civil partnerships?

Answer 1

CIVIL PARTNERSHIP ACT 2004

Question 2

In 2015, how many CPs had happened since implementation of CPA 2004?

Answer 2

65,000

50/50 split of which sexes

Question 3

Who may get a CP under the CPA 2004?

Answer 3

• > Only same sex couples
• > Document is signed in front of registrar and 2 witnesses
• > Must be 16+
• > Cannot be within prohibited degrees of relationship
• > Same as MCA 1973 s11, apart from same sex element

Question 4

Why has the same sex only element of CPs been controversial, particularly recently?

Answer 4

• > Ironically viewed as discriminatory, discussed by WONG 2005
• > 2017 a heterosexual couple went all the was to the Supreme Court to try and change the law, to no avail
• > Feb 2018, Tory MP Tim Loughton brought the matter to Parliment, no development as yet, save HO saying they might consider it

Question 5

Which Tory MP has brought the ‘unfairness’ of only allowing same sex couple CPs to Parliament?

Answer 5

Tim Loughton

Question 6

What is the Govt argument against allowing heterosexual CP?

Answer 6

• > Marriage already available to them, no need for CP
• > This view doesn’t take into consideration the historical/religious baggage associated with marriage
• > Also doesn’t account for those who can’t/won’t marry, but what their relationship legally recognised

Question 7

Case that illustrates a good example of wanting relationship legally recognised, but cannot marry?

Answer 7

BURDEN v UK 2008

Question 8

BURDEN v UK 2008

Answer 8

• 2 unmarried sisters had lived together for many years, given up any career opportunity to care for sick parents who had since died
• Issue was the huge inheritance tax that one the surviving sister would have to pay, that was so great it would leave her destitute
• They wanted same exemption available to spouses/CPs, complaint went to ECtHR
• HELD: relationship between siblings ‘qualitatively’ different nature with obligations and rights etc attached

Question 9

What does the strength of the Burden case demonstrate?

Answer 9

-> That inheritance tax law needs serious review, as this is what the case was really about

Question 10

What did the MARRIAGE (SAME SEX COUPLES) ACT 2014 do to CPs?

Answer 10

Nothing, just added option of marriage/converting a CP to marriage

Question 11

Why were CPs not abolished by the M(SSC)A 2014?

Answer 11

• > Were already an established recognition is same sex partnerships
• > Marriage is historically patriarchal and heterosexual, easy to understand aversion to it by same sex couples

Question 12

What did the 2014 report by the Department of Culture, Media and Sport find on CPs?

Answer 12

• > Majority of those asked thought that current status of CPs should remain the same
• > 75% of those asked were against heterosexual CPs

Question 13

What were the reasons given against heterosexual CP in the 2014 Department of Culture, Media & Sport report?

Answer 13

1) Civil marriage without any religious connotations was already available
2) Never been a need for an alternative to marriage for heterosexual couples
3) Only of consequence to a tiny minority
4) Marriage felt to be ‘appropriate’ for same sex couples
5) CPs were specifically designed for same sex couples
6) Could create a two tier system where CP came to be viewed as less of a commitment than marriage

Question 14

What did the report find as the reasons (of few) for allowing heterosexual CP?

Answer 14

1) Need for fairness and equality (!) to prevent discrimination, all couples should have the same options open
2) Secular alternative to marriage, although civil marriage exists, it is still using the word marriage and all the baggage that comes with the word specifically
3) Should be about personal choice

Question 15

Statutory provision for annulment of a CP?

Answer 15

S50 CPA 2004

Question 16

How can a CP be annulled?

Answer 16

The same as a marriage with two exceptions

Question 17

What are the two differences between annulling a marriage and a CP?

Answer 17

In the grounds found in s12 MCA 1973, it includes a spouse having an STD and consumption of the marriage. Neither apply to CPs

Question 18

What is the difference between CPs and marriages?

Answer 18

• > In reality, very few
• > Care was taken by parliament to amend vast amount of legislation to make it the same, from the LPA 1925 to the Explosive Substances Act 1883 (discussed by CRETNEY 2006)

Question 19

Who discussed the extensive effort taken by Parliament to ensure legislation treated CPs/spouses the same?

Answer 19

CRETNEY 2006

Question 20

How many significant differences are there between marriage and CPs?

Answer 20

4

Question 21

What are the 4 significant differences between CPs/spouses?

Answer 21

1) Formalities at the start of relationship
2) Differing grounds for annulment
3) Adultery is not grounds for dissolution of CP, but it is for divorce
4) If assistive reproductive services are used, a spouse is automatically assumed to be the father, a CP is not

Question 22

How do the formalities at the beginning of a CP differ to a marriage?

Answer 22

• > CP it is the signing of the register that creates the legal relationship
• > Marriage it is the exchange of vows
• > CP can’t be a religious ceremony, but this has been loosened by s202 Equality Act 2010

Question 23

How did s202 Equality Act 2010 get round the fact CPs can’t be religious?

Answer 23

It allowed ceremonies to be performed in a religious context, but still not be an actual religious ceremony

Question 24

Why is the exclusion of lack of consummation and general disease from reasons for a CP to be voidable important?

Answer 24

• > Cynical view that the law is reluctant to treat homosexual sex as real sex, don’t want to recognise it
• > Very hesitant speech given by Baroness Scotland about the ‘different nature’ of homosexual sex
• > Less cynical view is that annulment is so rare it doesn’t matter, and that in regards to adultery being excluded from dissolution of CPs, behaviour grounds would achieve the same result