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The text below is derived from the
briefing note entitled "CIVIL
PARTNERSHIP ACT 2004 – FACTSHEET" which was issued
to all Service personnel in Oct 05. |
Q: I am already in a same sex civil partnership that is registered abroad.
Will it be recognised by the Armed Forces?
A: Providing that it was formed in one of the countries listed in Schedule
20 of the Civil Partnership Act, you and your partner will be treated
as if you had formed the partnership in the UK.
Q: Will Service Registering Officers be able to register a civil partnership
overseas?
A: Yes. A Service Registering Officer may register a civil partnership
in those locations where marriages can be registered. See Civil
Partnership Act Part 5 Ch 1 (Registration by armed forces personnel) for
details.
Q: Will the Armed Forces allow me to change my name if I register a
civil partnership?
A: Whether or not an individual wishes to change their name to that of
their civil partner, or hyphenate, is an entirely private matter. Should
you wish to change your name, a Civil Partnership certificate will have
the same evidential value as a marriage certificate for recording that
change on official documents held by Government Departments, including
Armed Forces personnel records.
Q: Will there be restrictions on couples in a civil partnership who
are both in the Armed Forces serving on the same unit?
A: The current rules covering the employment of married couples within
the same unit will apply to those in a civil partnership. Co-location
will be possible, subject to the availability of suitable posts.
Q: Will there be any restriction on where personnel in a civil partnership
can be posted?
A: Yes. Although Service regulations will not prevent those in a civil
partnership from being considered for worldwide service, there may be
some overseas locations where local laws, customs or agreements with
the host nation will preclude those in a civil partnership serving accompanied.
In such circumstances the Service person will be deemed to be serving
Unaccompanied and will be entitled to the relevant allowances commensurate
with that status.
Q: Does the new policy apply equally to members of the Reserve Forces?
A: Yes, within the ambit of entitlements afforded to married Reserve
Forces personnel.
Q: Does an individual have a legal right to refuse SFA because a same-sex
couple will be a near neighbour?
A: An individual does not have to live in SFA. It is entirely a matter
for him/her whether or not to take up the offer of SFA but if the reason
for not doing so is related to the fact that a same-sex couple will be
a near neighbour, he/she has no legal right to demand alternative accommodation.
In this matter, all personnel have an obligation to adhere to the regulations
covering the allocation of accommodation, which will be made without
regard to gender, race, sexual orientation, religion or belief. It will
fall to local DE/DHE personnel to enforce the housing regulations.
Q: This policy change has the potential to raise questions, and possibly
disquiet, from some individuals. As a Commanding Officer, how do I deal
with these?
A: Whilst the issue can be emotive for some people, questions can be
readily addressed by making personnel aware of the legal status of civil
partners, together with continuing to seek to change attitudes through
on-going equality and diversity programmes. The Code
of Social Conduct for the Armed Forces and MOD policy make it clear that unlawful discrimination
on grounds of gender, race, sexual orientation, religion or belief will
not be tolerated. Couples who have entered into a civil partnership have
entered into a legal relationship. Any intolerance towards such a relationship
could amount to discrimination and therefore contravene the Armed Forces
Code of Conduct and will be dealt with accordingly.
Q: Will it be possible to identify an individual who has registered
their civil partnership, but who does not wish their status to be known
to others on the unit, from their Service records?
A: Not directly. Both marriage and civil partnerships will be simply
shown as Category 1 on an individual’s records, making it impossible
to differentiate between them. Acknowledging that sexual orientation
is purely a matter for the individual, the Services have decided it is
inappropriate even to have the means to identify the number of personnel
who have registered a civil partnership. While it may be possible for
assumptions to be made from Next of Kin details, this information is
privacy protected and should, therefore, only be available to those who
need the information for authorised purposes.
Q: As a Commanding Officer, how should I deal with the Serviceman or
woman who complains that their civil partnership is the subject of gossip
and inappropriate behaviour from colleagues/neighbours?
A: If the individual seeks advice on what to do, he or she may be advised
to consider whether talking informally to the relevant individuals might
effectively defuse the situation. Counselling may also be appropriate.
Commanding Officers must also be alert for any signs of harassment, victimisation
or bullying of the individual and take steps to prevent this from developing.
If an individual wishes to complain about such a matter the normal procedures
relating to bullying/unlawful discrimination will apply.
Q: If my civil partner is not a European Economic Area national, will
they be allowed entry and leave to reside in the UK?
A: If you want to register a civil partnership with a person who is subject
to immigration control and require permission to enter or remain in the
UK, you can find out more about the procedures you will have to follow
on the Department of Trade and Industry website www.womenandequalityunit.gov.uk/civilpartnerships/findout.htm#faq
Q: What is the position regarding a couple who live in SFA under these
provisions then decide to separate?
A: The legal position on their civil partnership will be for the individuals
concerned to determine, taking legal advice as appropriate. With regard
to entitlement to Service allowances, it will fall to the Service partner
to inform his/her Commanding Officer of any change in status which may
affect entitlements. The same procedures would then apply as in the case
of a married couple who separate, which would include access to the same
range of welfare support, as well as the option for the Commanding Officer
to allow a "cooling off" period where this is thought to be
of assistance in effecting reconciliation.
Q: How do civil partners divorce and what are the
implications?
A: Civil Partnership ends only on formal dissolution or annulment, or
on the death of one of the parties. The
process for dissolution will be court-based and in order to prove irretrievable
breakdown it will be necessary to
provide evidence of one or more of the following facts to support the
application for dissolution:
• Unreasonable behaviour, that is behaviour
such that the applicant cannot reasonably be expected to
live with their civil partner;
• Separation for two years, where the other civil partner consents to a
dissolution order being made;
• Separation for five years, where the other civil partner does not consent
to a dissolution order being
made;
• That the other civil partner has deserted the applicant for a period
of two years prior to the application
Q: What is the position where the Service person dies?
A: The surviving partner will be treated in the same manner as would
a widow(er), and would have access to the same range of welfare support.
Q: What is the position with regard to postings overseas?
A: In Service terms, the same entitlements would apply overseas as would
in UK. However, agreements with some host nations may preclude access
to certain facilities. There are also certain nations that do not recognise
Civil Partnerships, and it will fall to the Service person and his/her
Career Management Branch to determine an appropriate way forward.
Q: What is the position if a Service person wishes to co-habit with
a same-sex partner but does not wish to register under the Act?
A: The only circumstance under which the Services would allow cohabitation
with someone of the same sex in Service Family Accommodation is when
they are registered under the Act. Cohabitation in private accommodation
is an entirely private matter.
Q: What is the position regarding entitlement to SFA for those undergoing
initial training?
A: SFA would not be made available in such circumstances, as is also
the case for married personnel.
Q: Why don't you recognise civil partnerships registered abroad by opposite
sex couples?
A: The Civil Partnership Act 2004 provides for same sex couples to enter
into a new legal relationship and gives them the ability to obtain legal
recognition for their relationship. Opposite sex couples who wish to
obtain similar rights have the option to marry.
Q: Now that same-sex couples will be able to occupy SFA why can this
entitlement not be extended to cohabiting heterosexual couples?
A: This provision extends to same-sex couples who will be entitled to
occupy SFA by virtue of having entered into a Civil Partnership, thereby
gaining the same legal recognition as a married couple.
Q: What about an ‘entitled partners’ policy?
A: While the policy on eligibility to entitlements to Service allowances
is kept under constant review, the MOD has no immediate plans to introduce
a policy to provide Service personnel in a stable relationship that
it not legally recognised with the same, or similar, allowances and
entitlements as married personnel. This is in accordance with current
Government policy, which requires couples to be in a legally recognised
relationship if they wish to receive the same entitlements as a married
couple. Changes to the current position would be notified to Service
personnel in that event.
Q: What about situations that are not covered by these questions and
where further guidance is required?
A: Both individuals and Units are bound to meet situations that have
not been anticipated and that are not discussed in this guidance. The
keys to successful implementation of this legislative change will be
the application of well-informed and firm leadership and a common-sense
approach. Units are encouraged to seek further advice and guidance from,
and indeed provide useful feedback to the appropriate single Service
policy staff as follows:
RN: DNLM SO1 DEO, Victory Building, H M Naval Base, Portsmouth, PO1
3LS.
Telephone: Portsmouth (9380) 27624.
Army: PS4(A), Directorate of Personal Services (Army), Trenchard Lines,
Upavon, Pewsey, Wiltshire, SN9 6BE.
Telephone : Upavon Mil (94344) 5943.
RAF: SO2 TCOS, HQ PTC, Bldg 255, RAF Innsworth, Gloucester
GL3 1EZ
Telephone: Innsworth (95471) 7873
page: partnerships ::
military info :: mil-partnership-qanda.htm
updated: 15 Apr 06
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