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Since 5 December 2005, following the introduction of the Civil Partnership Act 2004, same-sex couples have been able to formally register their partnership and in so doing change their legal status. Arrangements for civil partnership registration may be made through any of Devon County Council's 8 Registration Offices.

A Civil Partnership is registered once the couple has signed a Schedule in the presence of two witnesses and a Civil Partnership Registrar. Whilst there is no legal requirement for any contractual words to be exchanged, the Registration Service is able to provide a ceremony thus enabling a couple, if they so wish, to celebrate their union with the option of including appropriate readings and music of a secular nature.

Devon County Council offers a wide range of facilities in which ceremonies may be held. These include its Registration Offices, a number of Additional Ceremony Rooms across the county, as well as over 100 approved venues throughout the Devon County Council area which have been inspected, approved and licensed by the Registration Service.

Who can register?

Two people who are

• of the same sex
• 16 years of age or over (consent is required for anybody under 18 years of age)
• not already married or in an existing civil partnership
• not related within prohibited degrees

How to register

Having decided to register a civil partnership, notice of intention to register that partnership must be given, in person, by both parties. It would be usual for a notice to be given at the Register Office for the area in which each person lives, but a person living in the Devon County Council area is able to give notice at any Registration Office within the county (excluding Plymouth and Torbay) if that proves to be more convenient. If a couple live in different registration districts, notice will need to be given in both districts.

You will need to make an appointment at whichever Registration Office you and your partner choose to give notice.  All Devon County Council's Registration Offices operate an appointment system.  Opening times of Offices vary across the county.

When giving notice each party will need to provide proof of name, age, residency within a registration area and nationality.   If you have been married before or have been through a previous Civil Partnership registration, you will need to produce evidence that you are legally free to enter into another registration.

There is a wide variety of documents that may be accepted as proof so couples are advised to check with their local Superintendent Registrar as to their suitability.

A notice of intention to register a partnership, once given, is valid for 12 months. From the date it is electronically entered, a period of 15 clear days must lapse before a civil partnership may be registered.  

A notice of intention for Civil Partnership will include the following information:

• Name and Surname
• Date of Birth
• Condition (Marital/Civil Partnership Status)
• Occupation
• Nationality
• Place of Registration (Venue)

It is possible to provisionally book a date for a civil partnership registration (and ceremony if required) within the Devon County Council area which will be useful for couples wishing to make an early booking at a busy approved venue.

Persons  who may be subject to Immigration Control

A person wishing to give a notice of intention must be a British citizen, a national of a country of the European Economic Area or a Swiss National otherwise they are subject to immigration control and will need to provide proof of one of the following:

• A visa permitting a civil partnership
• A certificate of Approval from the Home Office
• Indefinite leave to remain in the UK
• A right of abode

Couples wishing to give notice of intention, one or both of whom are foreign nationals, may only do so at a designated Register Office. The nearest designated offices are Exeter, Bristol and Plymouth.

Civil Partnership Registrars have a statutory duty to report any Civil Partnership they suspect has been formed for the sole purpose of evading statutory immigration controls.

Rights and Responsibilities

The decision to register as civil partners will bring with it important implications and consequences along with a number of rights and responsibilities. Couples who formally register their civil partnership will have many of the same rights as married couples in areas such as tax, social security, inheritance, pensions and the workplace. They will also have rights and responsibilities in matters concerning the family in areas such as maintenance, child support, parenting, inheritance and leave to remain in the UK.

A Civil Partnership can only be ended by death, dissolution or annulment.

The surviving partner in a Civil Partnership will be able to register the death.

The dissolution/annulment of a Civil Partnership will be court based, as with a marriage divorce, and the courts will have the power to make provision for the division of property.