By ADVOCATE BARBARA CORBETT, Partner, Hanson Renouf
New civil partnership lawhas wide implications
On 12th July 2011 the States of Jersey adopted the Civil Partnerships (Jersey) Law, which is currently waiting for sanction from the Crown before it can come into force. This law, which was passed with overwhelming support from the States, marks a change not only in the law, but in society as a whole.
When the consultation into civil partnerships was opened in 2007 it was thought that there may be opposition to what is colloquially (but incorrectly) termed gay marriage, in Jersey. That proved not to be the case, with States members, members of the public and even the Dean of Jersey warmly welcoming the prospect.
The new law provides for a new legal relationship for same sex couples, enabling them to enter into binding partnerships akin to marriage, giving civil partners the same rights and responsibilities as married couples as far as possible. In creating the new status of civil partner, the States have made some changes to the law relating to personal relationships, but have also exposed other areas of law which will need to be changed, not only in family law but also the law of succession and taxation. To some, the erosion of traditional customary law concepts such as dower and viduité is unwelcome. To others the opportunity to make more wholesale changes to
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the law relating to taxation and relationship breakdown should have been seized with greater enthusiasm.
What is true however, is that a law which on the surface relates only to same sex couples who wish to cement their union, possibly affecting as few as 40 to 120 people, has much wider implications for Jersey society as a whole.
Civil partnership ceremonies The Civil Partnership (Jersey) Law provides for the registration and solemnization of civil partnerships in Jersey and also for the recognition and registration of civil partnerships entered into overseas. There is only a seven day residence requirement for one of the couple and a civil partnership in Jersey is “solemnized” by each party declaring that there is no reason why they cannot become civil partners. In England, there is no ceremony, simply registration by signing the register in the presence of the Registrar. This difference may well be a reason for Jersey to become a destination for couples from England and further afield to celebrate their civil partnerships, with potential benefits for the island’s tourist industry.
There are specific rules about who can enter a civil partnership, close relations such as parents and children or siblings cannot, neither can people who are not of the same gender or those under 16.
These rules are similar to rules relating to couples wishing to marry. There are also provisions about premises which may be used for civil partnership ceremonies, and these must be approved by the Connétable of the Parish. Civil partnerships cannot however be entered into in religious premises.
Dissolution As with marriage, most of the rules apply not to getting into a civil partnership, but for getting out of it. Here again, the rules are very similar to those applying to married couples but with a few exceptions. There are also some provisions in the new law which could usefully be applied to divorcing couples. There is no provision for a dissolution on the basis of adultery, unlike in divorce, and not if one of the parties is serving a lengthy prison sentence. The provisions for a nullity of a civil partnership as opposed to a marriage do not include reference to epilepsy as being a reason for a civil partnership being void, and rather than using the terms “decree nisi” and “decree absolute” dissolution is dealt with through conditional and final orders. These are changes which it would be good to import into divorce law. The financial arrangements on dissolution are the same as for divorcing couples, and also apply to children of the family.
Children The Civil Partnership (Jersey) Law
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