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Civil Partnerships Legal Framework When it comes to joining a man and a man or woman and a woman, there are many terms used, gay weddings, civil partnerships, commitment ceremonies and more. Although they are in common use, they all have differing meanings and legal implications and they may change depending on the country or US state you are in.
Strictly speaking, a wedding can only take place in church, this ceremony is not allowed for same-sex couples and so both the term and legal structure have been avoided so as not to offend the straights and the more conservative clergy members.
Civil partnerships take place in either government offices, such as registry offices or venues that are licensed by the government to be officially used for a civil partnership ceremony, such as Stately homes, hotels and the like.
It has legal rights and obligations, which means that each partner has virtually the same rights as a hetro couple. This means that in the event of the death of one partner, the other partner can have the same inheritance rights even where there is no will made. Of course if your partner has left everything to a cats home you will still have to fight it in court. Anything you do inherit will now be free of capital gains tax that single people would be liable for. This means that if you sell the house you shared you would not have to pay tax on the part you inherited from your partner. There may, of course be other tax issues but these would have to be gone into at the time.
Keeping in the gloomy frame of mind, people who have the protection of a civil partnership have next of kin rights which means that in the event of a partner being taken to hospital you can see the medical records, you can have a say in the treatment and in serious cases, can sign to have operations carried out. This is probably the most important reason to have a civil partnership.
You get the right to inherit a tenancy agreement so that if you are in a council house and your partner dies, you cannot be evicted.
You should be able to get the benefits from most state and occupational pensions and, where appropriate, qualify for tax credits and child support.
Recognition is granted in matters of immigration and nationality issues.
If this is all looking too gloomy, it is because these are safeguards in the event of tragedies and misfortunes to protect one or both of you.
To see the full range of the rights given for civil partnerships in Gt Britain, read also: Civil Partnership in Gt Britain
A commitment ceremony can be undertaken by any couple, straight or gay and is a ceremony of commitment to each other which has no real legal standing, even if it is performed by a member of the clergy.
Couples who decide to use this method should also sort out wills, property and other legal things before it takes place, or very soon afterwards.
A commitment ceremony can take place after the civil partnership or in some venues will be allowed with the registrar present so that you will have the benefit of both.
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Civil Partnerships and Commitment Ceremonies Legal Aspect Explained
Civil Partnerships partners will have equal treatment in a wide range of legal matters with married couples, including:
Tax, including inheritance tax
Employment benefits
Most state and occupational pension benefits
Income related benefits, tax credits and child support
Duty to provide reasonable maintenance for your civil partner and any children of the family
Ability to apply for parental responsibility for your civil partner’s child
Inheritance of a tenancy agreement
Recognition under intestacy rules
Access to fatal accidents compensation
Protection from domestic violence
Recognition for immigration and nationality purposes