The difference between civil partnership and marriage
Civil partnerships, previously uniquely available to same-sex couples, are now available for opposite-sex partners too.
This rule change, which came into effect in December 2019, enables all couples to choose between marriage or civil partnership, regardless of sexual orientation.
Despite much media coverage and debate around the subject, many people remain in the dark as to what a civil partnership entails.
What is a civil partnership?
A civil partnership is a legally recognised relationship between two people which provides many of the same benefits and protections as a marriage.
The rights of a civil partnership are the same as a marriage in relation to tax, pensions and inheritance.
What are the differences between a civil partnership and marriage?
- A civil partnership does not require any form of ceremony although couples may choose to add this on, following the formation of their partnership
- A civil partnership ceremony does not include an exchange of vows but simply requires that both parties sign the civil partnership document, no spoken words are required
- The terminology is different with each party referred to as a ‘civil partner’ rather than ‘husband’ or ‘wife’.
- A civil partnership can be ended by a ‘dissolution order’ in a process very similar to that of divorce proceedings, but adultery cannot be used as a reason. Interestingly, ‘adultery’ remains defined as “your partner has had sexual intercourse with someone from the opposite sex”.
Civil partnerships are an attractive option for couples whose personal beliefs are at odds with marriage which many perceive to be the product of a patriarchal system in which women are ‘given away’ by their fathers to their husbands.
Simply living together does not afford the same legal rights as a marriage or a civil partnership as both parties remain single in the eyes of the law. Couples can formalise their living status via a cohabitation agreement and record their intentions of property ownership when they purchase a property together must remember that upon separation their rights are not the same as if they were married or if they had entered into a civil partnership.
A civil partnership offers an alternative to marriage, that offers the security you do not get by simply cohabitating for lifelong couples who want their commitment legal recognized without having to get married.
Specialist family solicitors
If you would like more information and advice about civil partnerships, marriage or cohabitation, our family solicitors are on hand to help. Please call 0117 906 9400 or email firstname.lastname@example.org