What's the Difference between Civil Partnership and Marriage?
Marriage between husband and wife is a long established institution which, on its own, no longer meets the needs of a changing society. Over the years the law has developed to provide same sex and mixed sex couples with different options in terms of legally recognising and solemnifying their relationships.
In the UK, the first same sex civil partnership took place in December 2005 with marriage being extended to include same sex couples from March 2014. The most recent development stems from the Court case brought by Rebecca Steinfeld and Charles Keidan which challenged the requirement for partners entering into a civil partnership to be of the same sex. As a result of their case, mixed sex civil partnerships have been legal as from 31st December 2018.
Both same sex and different sex partners are now able to choose whether to enter into marriage or civil partnership, but which option is best? Many people may consider that marriage, as the more traditional way of formalising a relationship, is the option for them but some people may wish to avoid the religious or patriarchal connotations that can come with marriage and prefer to opt for a civil partnership. From a legal point of view, the choices are very similar although there are some important differences.
Whereas a marriage will generally be recognised in most other countries, the same is not necessarily true of a civil partnership. This could lead to various legal and practical difficulties both during a civil partnership and in the event of a separation, particularly concerning financial rights and the right to be acknowledged as next of kin.
The procedure for entering into a civil partnership is essentially the same as for marriage, with a requirement for 28 days’ notice being given in advance, at the registry. Alternatively, in the case of a religious marriage in the Church of England, banns must be read for the three Sundays immediately prior to the ceremony. In either case both parties must be over 16 and, if under 18, consent of a guardian will be required.
The actual event, may take place at a registry office or approved venue. In the case of mixed sex marriage, it may also take place in a religious venue. The partnership or marriage must then be registered. Couples who enter into a marriage or a civil partnership enjoy the same rights and protections including in relation to tax, benefits, pensions, inheritance and separation.
A same sex civil partnership can be converted into a marriage by signing a legal declaration at a registry office. A marriage certificate is then issued which carries the date of the original civil partnership.
The process for ending a marriage or civil partnership on separation is essentially the same and cannot be started until at least one year after the date of the marriage/partnership. One difference is that adultery cannot be used as a reason for dissolving a civil partnership, although all of the other options such as behaviour and two years’ separation with consent, remain. This is currently under review as no fault divorce/dissolution is being considered in parliament and should be made available in due course.
The terminology on separation is different. In a marriage, the divorce is a two stage process, the first being the grant of Decree Nisi and the second, the Decree Absolute, the actual divorce. In a civil partnership, the first stage is the Conditional Order and the final pronouncement that ends the partnership is the Dissolution Order.
While civil partners and married partners have the same legal rights and protections on separation, both will need a Court Order, in addition to the divorce/dissolution, to deal with the finances, for which specialist legal advice will be required. This is usually the case even where matters have been agreed or where the assets may be limited.