A recent Supreme Court case has ruled that a couple have a legal right to a heterosexual civil partnership instead of marriage.
Rebecca Steinfeld and Charles Keidan claimed a unanimous decision from the Supreme Court who found that the Civil Partnership Act 2004 is “incompatible” with the European Convention on Human Rights and that restricting civil partnerships to same sex couples is discriminatory.
Civil partnerships were introduced in December 2005 to enable same sex couples to have their relationships recognised legally and allow the same protection as a marriage. In 2014, the law was changed so that same sex couples could get married, meaning that gay and lesbian couples were able to choose between marriage and a civil partnership. The same choice has not been available to mixed sex couples.
Ms Steinfeld and Mr Keidan had previously chosen not to marry as they believed that the “legacy of marriage” was not for them as it had “treated women as property for centuries“. The couple have fought a prolonged legal battle for civil partnerships to be available to heterosexual couples in the UK. In February 2017, they were defeated in the Court of Appeal but given permission to appeal to the Supreme Court.
The decision of the Supreme Court does not mean that the Government is obliged to the change the law on civil partnerships so that they apply to all heterosexual couples. However, this change in the law is likely to come under serious consideration by the UK Government.
How Can Nelsons Help?
Emma Davies is a Partner in Nelsons’ Family Law team.
For further information, please contact our expert Family Law team on 0800 024 1976 or via our online form.