In the UK, there are two routes to legally recognising your relationship: marriage and civil partnership. But what is the difference between the two and what are the advantages and disadvantages of civil partnerships over marriage? This article gives you the information you need.
In the UK, there are two routes to legally recognising your relationship: marriage and civil partnership. But what is the difference between the two and what are the advantages and disadvantages of civil partnerships over marriage? This article gives you the information you need.
If you have a family law issue and you are concerned that you may require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
Who can enter into a civil partnership?
There is a common misconception that civil partnership is only available for same sex couples. Civil partnerships can now be entered into by all couples, providing the following circumstances apply:
- Both parties must be 16 years or over. If under 18, permission is required from parents or legal guardians. If someone is unable to get written approval, or their parents/legal guardians refuse, they can apply to court for permission
- Neither party is already married or in a civil partnership
- Neither party are close blood relatives
- Both parties have lived in the same area of England and Wales for at least the last seven days
What is the difference between civil partnership and marriage?
In the eyes of the law marriage and civil partnership are fundamentally the same thing, with both involving a legal union giving parties certain rights and responsibilities. Civil partnership gives couples the same rights, benefits, and obligations that they would have in a marriage. However, there are some key differences, which mainly relate to the way the ceremony is conducted, and the relationship formerly ended. These are:
- The ceremony – a marriage can take place in a religious ceremony (although it doesn’t have to be) and is formed through vows before signing a marriage certificate. Conversely, a civil partnership is entered into by signing a civil marriage certificate
- Civil partnerships cannot call themselves “married” in a legal context
- Marriages are ended by divorce, whilst civil partnerships are ended through dissolution. That said, the process is comparable.
Why enter a civil partnership instead of a marriage?
There are several reasons couples may decide to have a civil partnership rather than get married. For example, prior to 2013, same sex couples could not get married, so civil partnership was the only option. Other couples may not agree with the tradition and social connotations of marriage and choose civil partnership as a way to have their relationship legally recognised without having to have a marriage ceremony. Ultimately, it is a personal choice for each couple to decide for themselves.
Civil partnerships offer a modern and inclusive alternative to marriage, but may lack the historical recognition and international acceptance that marriage provides.
What are the advantages of civil partnerships?
Although civil partnerships and marriages offer similar legal rights and protections, there are distinct advantages and disadvantages to each.
- Civil partnerships, originally introduced for same-sex couples, provide a non-religious and gender-neutral alternative to marriage. This appeals to those who wish to avoid the traditional and sometimes religious implications of marriage.
- Civil partners enjoy almost identical legal rights to married couples. These include rights in inheritance, tax benefits, next-of-kin status, and parental responsibilities, offering a solid legal framework without the need for marriage.
- The dissolution of a civil partnership can be seen as more straightforward than a divorce, although it follows a similar legal process.
- If you are in a civil partnership, you can inherit wealth from your partner without a tax implications.
- Those who are in a civil partnership can transfer to their partner a proportion of their unused tax-free personal allowance if they are a higher rate taxpayer.
- If you own multiple properties, you will be able to transfer assets to your partner free of capital gains tax.
- Inheritance benefits include entitlement to your partner’s estate, particularly if they die without a will. If you are not married or in a civil partnership, and there is no will, then you will have no claim on your partner’s estate.
- Both the mother and father’s names are included on a civil partnership document whereas only the father’s name appears on a marriage certificate
- A same-sex civil partnership can be converted into a marriage. This can be done at a register office, or a religious venue such as a church where same-sex marriages are allowed, and signing a conversion to marriage declaration. The date of the marriage will be backdated to the date the parties entered into the civil partnership.
What are the disadvantages of civil partnerships?
Marriages and civil partnerships are essentially the same thing in the eyes of the law and so there are not really that many disadvantages of one over the other, besides one of personal choice. However, there are some instances where you may encounter issues:
- Marriage is a long-established institution with broad social recognition. Some view civil partnerships as lesser or not equivalent to marriage, which could lead to social stigma or misunderstandings, especially in more traditional settings.
- Civil partnerships may not necessarily be recognised in other countries, unlike marriage. This can complicate matters for couples living abroad or dealing with international legal issues.
- Marriage has a long legal history, with well-established case law that can guide legal decisions. Civil partnerships, being a more recent development, may have less precedent, potentially leading to uncertainties in complex legal matters.
- Many people view a civil partnership as a “soft” option to getting married. A civil partnership should be entered into with the same caution and consideration as a marriage.
- An opposite sex civil partnership cannot be converted into a marriage, whereas a same-sex civil partnership can (see above).
- You might feel uncomfortable about certain aspects of marriage, such as a bride being given away, feeling obliged to ask the bride’s father for permission to marry, or only having the father’s name appearing on the marriage certificate when both the mother and father’s names are included on a civil partnership document.
As set out above, there are very few differences between marriage and civil partnerships, so the right option for you should be based on your preferences and that of your partner. If you are not religious, but want to legalise your relationship and enjoy the advantages that married couples have, a civil partnership may be the way to go.
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