Solicitor Rebecca Ledgerwood, in our leading Family Law team, explains the differences between marriage and civil partnership.
It is a sad fact that many couples have had to postpone or cancel their weddings or civil partnership ceremonies as a result of the COVID-19 pandemic. As we all start looking forward to a time when we can once again celebrate these happy occasions, Rebecca Ledgerwood, a solicitor in our Family Team, considers the differences between marriage and civil partnerships.
Civil partnerships were introduced in the early 2000’s by the Civil Partnership Act 2004. This Act enabled same-sex couples to legally unite in something akin to marriage. The government introduced the partnerships as a temporary solution prior to equal marriage being approved.
In 2013 the Marriage (Same Sex Couples) Act 2013 was enacted which enabled same sex couples to marry. Same sex couples could now choose whether to enter into a civil partnership or marriage, opposite sex couples however were unable to enter into a civil partnership.
In 2019 the Civil Partnership (Opposite Sex Couples) Regulation 2019 allowed opposite sex partners to also enter into civil partnerships.
The position now is that all couples are able to choose whether they enter into a marriage or civil partnership.
What are the key differences between marriage and civil partnership?
- Civil partners cannot define themselves as being “married”. They are a civil partner for legal purposes.
- Civil partnership certificates include the names of both parents of each party. Marriage certificates only detail the name of the parties’ fathers.
- A marriage is formed when a couple exchange spoken words. Whereas a civil partnership is formed when the second party signs the relevant document.
- There is no requirement for a ceremony to take place to form a civil partnership.
- Marriages are registered on paper. Civil partnerships are recorded electronically.
- Opposite sex marriages are recognised internationally. Same sex marriages, same sex civil partnerships and opposite sex civil partnerships are recognised in many countries but specific rights vary in other countries.
- Upon a breakdown of a civil partnership, adultery is not one of the facts which can be relied upon for establishing that the relationship has broken down irretrievably.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
