What is the difference between Civil Partnership and Marriage?

What are the differences?

So, what is the difference between civil partnership and marriage?

A civil partnership is purely a civil ceremony, whilst a marriage can be religious or secular; this choice does not exist for a civil partnership and may be one reason why couples would choose this option, seeing it purely as a contractual commitment without all the baggage associated with a marriage.

However, there is still a difference between civil partnership and marriage for same sex and opposite sex couples:

• Same sex couples can convert their civil partnership into a marriage. The current legislation does not permit this for opposite sex couples, but it is anticipated that the regulations will be harmonised in due course
• In divorce, same sex couples cannot rely on adultery unless the adultery is with a member of the opposite sex and not the same sex. There are also slight differences in the jurisdictional criteria for same sex divorce
• Occupational pension schemes survivor benefits are different for same sex couples, thus pension trustees are only obliged to consider benefits accruing since 5th December 2005

The choice therefore boils down to personal preference, rather than one format giving additional benefits over the other.

How has the law around Marriage changed over time?

Marriage is the legal and formal recognised union of two people as partners in a personal relationship; the key factors being legal and formally recognised by law. For centuries, this has only applied to couples of the opposite sex, but this has now changed as the country keeps progressing.

The Civil Partnership Act of 2004 gave same sex couples who wished to make a civil and legal recognised commitment to each other the right to do so. It was defined as a “Civil Partnership” but there was no right to marry.

The Marriage (Same Sex Couples) Act 2013, which came into force on 13th March 2014, allowed same sex couples the right to marry, a right previously reserved only for opposite sex couples, greatly reducing the difference between civil partnership and marriage. Opposite sex couples, however, were still denied the benefit of a civil partnership.

On 5th November 2019, the Civil Partnership (Opposite Sex Couples) Regulations 2019 came into effect, which has meant that since 2nd December 2019, couples of the opposite sex now enjoy the same rights to enter into a civil partnership as same sex couples.

Civil Partnerships and Marriage today: the legal stuff

Although there is still a small difference between civil partnership and marriage, all couples, whether they are same sex or opposite sex, can now have the legal right to choose whether to marry or enter into a civil partnership and be treated equally.

Both marriage and civil partnerships require certain legal formalities, both to enter into and to terminate. On termination the legal system can, in a dispute between the parties, look into their financial positions relative to each other and take into account their needs and other financial requirements with the intention of trying to promote fairness between them on separation. Such couples are therefore committing to an element of state intervention to regulate their affairs.

Unlike cohabiting couples who simply live together, no automatic legal formality or obligations apply on their separation. Such couples need to rely on their contractual rights, if any, albeit the court can be requested to intervene to make limited financial provision where minor children are involved under Schedule 1 of the Children Act 1989. This often comes as a shock to couples who have cohabited for many years but have never given legal structure to their relationship by means of a marriage or civil partnership.

Precautions to consider when entering a Civil Partnership or Marriage

On a final note, whether a couple choose to marry, enter into a civil partnership or simply cohabit, it is wise to think ahead about what could happen if you separate in the future. Difficult to do at the start of a blissful and happy relationship, but a sensible idea nonetheless.

Couples who marry can enter into a Pre-Nuptial Agreement, which sets out how they would wish their finances to be dealt with upon separation. Civil partners can enter into a similar arrangement: a Civil Partnership Agreement. Whilst neither are binding in the family court, the court is obliged to take them into account. Even cohabiting couples can enter into a Cohabitation Agreement, a deed setting out their contractual obligations to each other to provide some protections on separation.

Contacting us about Family Law advice

Our Family Law team at Astle Paterson have the required expertise to advise on all matters covered in this article. We would be happy to assist you to prepare a Pre-Nuptial Agreement, Civil Partnership Agreement or Cohabitation Agreement, before entering into such a commitment and to help advise you and resolve issues should your relationship break down.

As well as knowing the difference between civil partnership and marriage, you can read more about initiating a divorce/civil partnership dissolution, Pre-Nuptial Agreements and other similar topics that might interest you on our website.

If you need help, please call us now on 01283 531366 and book a fixed fee interview with one of our Family Team at our Burton Upon Trent office.

Alternatively, you can complete the form below and one of our specialist family law solicitors will be in touch with you.