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Same-Sex Couple demand timescale for Civil Partnership conversions

Besi Besemar April 3, 2014

Specialist lawyers ask Government to confirm timescales to allow Civil Partnerships to be converted into Same-Sex Marriage.

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A gay couple from Yorkshire is calling on the Government to issue a clear and defined timeframe for when those in civil partnership can convert to marriage – as the current system doesn’t allow it to happen.

The first same-sex marriages took place on Saturday, March 29, however the Government says those in civil partnerships cannot get married until systems are updated to allow for the conversion and says this will only be done by the end of the year.

Specialist lawyers Irwin Mitchell have been liaising with the Department For Culture, Media & Sport to speed up the process and is urging the Government commits to a specific timeframe by which the appropriate systems will be implemented to allow for the conversion from civil partnership to same-sex marriage.

 Michael and Paul Atwal-Brice, from Thurnscoe, Barnsley entered into a civil partnership in 2008 as marriage was not an option available to same sex couples at the time. Like many same sex couples they were delighted when the Marriage (Same Sex Couples) Act 2013 was passed and same sex marriage became lawful and planned to become one of the first couples to convert to marriage when the legislation comes into force on 29 March 2014.

However, they were told that they would not be able to marry before the end of the year and even then there is no set date which they can begin planning for. They have asked their lawyers to keep pressure on the Government to confirm the timetables for when Section 9 of the Marriage (Same Sex Couples) Act 2013 is to be brought in to allow couples wishing to convert their civil partnerships into marriage to do so.

55,000 civil partnerships have been formed in England and Wales and Irwin Mitchell says that those in this position that wish to marry are being treated unfairly.

Zoe Round, a specialist family lawyer at Irwin Mitchell solicitors in Sheffield, said: “Michael and Paul have been waiting for this legislation to be agreed for years and now, at the final hurdle, they are finding that the process to convert civil partnerships to marriage is not yet implemented.

“They originally hoped to get married this weekend but instead all those couples in a civil partnership cannot convert to same-sex marriage because the Government hasn’t implemented the appropriate systems.

“The Government says that there are complications as they wish to ensure that the benefits and rights associated with marriage are backdated for those in civil partnerships. While Paul and Michael are pleased with this development, they want to make sure the Government stays true to its word and does indeed set a date for when they can marry.

“Those in a civil partnership can’t plan their wedding properly because they don’t yet know when they will be allowed to marry. The Government wanted to introduce same-sex marriage as soon as possible but it’s not available yet for many who wish to go through the process. If the Government does not implement the changes needed within a reasonable timeframe they could face legal action in the High Court.”

Paul, 34, who has two adopted disabled sons with partner Michael, 29, said: “We should have been getting married last weekend but instead we don’t know when we can get married because we’re already in a civil partnership.

“At the moment we, and others in the same situation, cannot set a date for our marriage because there isn’t the system in place to convert our civil partnership. We are being unfairly treated simply because we are in a long term relationship and have already committed to each other.

“We sought legal advice because we wanted to ensure there was pressure on the Government to implement the proper systems as soon as possible. At the moment all we have to work with is that it will be by the end of the year but that doesn’t help us and many other couples to plan for the future.”

WEB.200In a message to their supporters, Ruth Hunt acting CEO of Stonewall, the LGB equality charity, said: “Whilst hundreds of couples have celebrated the first same sex marriages up and down the country, civil partners are still waiting in limbo for the government to implement a process enabling them to convert to marriage. This is unacceptable.

“Stonewall lobbied hard to secure provisions in the Marriage (Same Sex Couples) Act that would enable civil partners to convert to marriage if they want to. Since the Act received Royal Assent in July 2013 we’ve continued to lobby for a simple – and importantly, inexpensive – process to allow this to be implemented.

“At present government ministers have pledged that conversions will be able to take place ‘by the end of 2014’. If civil partners have to wait until the end of this year then we’ll see an infuriating delay of 17 months – longer than it even took to implement civil partnerships in 2005 or marriage equality in 2014.

“We share your frustration with this delay and we’ll continue pushing ministers and civil servants every single day until conversions can take place.”

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