The Government has recently announced that they will be changing the laws regarding civil partnerships to allow mixed-sex couples to enter into a civil partnership instead of getting married.
Following the Supreme Court ruling in the case of Rebecca Steinfeld and Charles Keidan, there have been calls for the Government to allow mixed-sex couples the right to a civil partnership which has only previously been available to same-sex couples.
The proposed changes will create an alternative option to heterosexual couples who do not want to get married but still want legal recognition of their relationship.
Upon announcing the legal changes in relation to civil partnerships, Prime Minister Theresa May, said:
“This change in the law helps protect the interests of opposite-sex couples who want to commit, want to formalise their relationship but don’t necessarily want to get married.
“As home secretary, I was proud to sponsor the legislation that created equal marriage.
“Now, by extending civil partnerships, we are making sure that all couples, be they same-sex or opposite-sex, are given the same choices in life.”
Differences Between Marriage and Civil Partnership
From a legal standpoint, there isn’t much of a difference between a marriage and civil partnership.
- The ceremony – a marriage becomes legal binding when a couple exchange spoken words. A civil partnership is considered legally binding when the second person entering into the partnership signs the relevant documentation.
- International recognition – Unlike a marriage, a civil partnership is not recognised in all countries. This could cause some issues if a couple in a civil partnership are looking to emigrate and legal advice should be sought
When it comes to ending a marriage or civil partnership, again, there are very few differences. The Court’s intervention is still required to dissolve a civil partnership, just as it is when married couples divorce. However, there is a difference in the terminology. Whereas married couples divorce, civil partners dissolve their civil partnership and petition for dissolution.
The only other difference is that civil partners are not able to use adultery as a ground on which to dissolve their marriage, given the legal definition. Save for those minor differences, the procedure remains the same for both divorce and dissolution, as does the process for dealing with the division of the assets of the partnership.
How Can Nelsons Help?
Emma Davies is a Partner in Nelsons’ Family Law team.
For further information, please contact one of our experts in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.