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Civil Partnership Registration: A legal status for committed
same-sex couples in Scotland
EXECUTIVE SUMMARY
- The UK Government proposes to create a scheme under which same-sex couples
in England and Wales will be able to register their partnership. In the event
that the UK Government brings forward legislation, Scottish Ministers propose
that same-sex couples in Scotland should be able to register their partnership
in Scotland.
- In order to avoid discrimination and cross border difficulties, the new
status should trigger access to rights and responsibilities in both devolved
and reserved areas. This can most sensibly be achieved by including Scottish
provisions in any Westminster Bill on civil partnership registration.
- The Scottish Parliament will be invited to agree a Sewel motion to allow
legislation to be achieved in this way.
- Scottish provisions included in any Westminster Bill will be based on Scots
law.
- Any scheme will be for adult same-sex couples who are not in an existing
registered partnership or marriage and are not closely related.
- Couples who register would have a new legal status as "registered civil
partners", and would acquire a comprehensive package of rights and responsibilities.
Legal Consequences of Registering a Civil Partnership
- Couples who register in Scotland would give notice of their intention to
register at a registry office, and could sign the civil partnerships register
15 days later.
- Couples would acquire rights and responsibilities that would reflect the
commitment they had made to each other and to help them organise their lives
together. These legal consequences would follow from registration.
- Scottish Ministers intend that registered civil partnerships be long-term,
stable relationships, so there would be a formal, court-based process for
dissolution. The partner applying for the partnership to be dissolved would
have to show that it had broken down irretrievably.
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