In December 2005, the UK introduced the Civil Partnership Act. This allowed same-sex couples over the age of 16 to obtain legal recognition of the partnership. A civil partnership grants couples almost identical legal protections as married couples. Both same-sex and opposite-sex couples are able to get married or enter into a civil partnership.
There are no major differences between the two, but a few small distinctions. Perhaps the biggest distinction is that a marriage can be a religious ceremony while a civil partnership cannot. Couples can choose to add a religious ceremony after their civil partnership, but it cannot be part of the civil partnership. Here are some other ways that marriages and civil partnerships differ.
How are marriages and civil partnerships described?
Only married couples can describe themselves as married, and only those in civil partnerships can describe it as a civil partnership. This is an important distinction, but only in name. When it comes down to a couple’s rights, they are almost identical whether they are married or in a civil partnership.
Both have equal rights to funds in joint bank accounts, and both have equal parental rights over children. If one partner dies without a will, then the surviving partner will inherit their estate.
How do couples enter into a marriage or civil partnership?
When conducting the ceremony, a marriage must be entered into by saying a prescribed set of words. A civil partnership does not require any specific words, but many choose to include them anyway.
Whether a couple is getting married or entering into a civil partnership, they will have to give notice in their registration district for marriage and within the local authority for civil partnerships.
This must be done more than 28 days but less than 12 months before the ceremony. Both partners must be residents in England or Wales for seven days before they can give notice. Different rules apply for Scotland and Northern Ireland.
How are marriages and civil partnerships documented?
For both marriages and civil partnerships, the details are recorded in an electronic register. Couples will also receive a marriage certificate or a civil partnership certificate as proof of marriage.
Both marriage and civil partnership certificates will include the names of both parents of the couple. They will also be witnessed by two signatories, whether it is a marriage or civil partnership. The only requirement is that they understand what is happening. There is no official age limit for witnesses, but some registrars will not allow those under the age of 18 to act in this capacity.
How are marriages and civil partnerships ended?
If the relationship breaks down, a marriage can only be ended by divorce while a civil partnership is dissolved. The process is similar, and the couple must determine why the relationship broke down.
In the case of marriage, one party must demonstrate that there are grounds for divorce. These reasons include unreasonable behaviour, adultery, desertion, separation after two years and separation after five years. In 2022, a no-fault divorce will be introduced to allow couples to agree to divorce without the need for a cause.
In a civil partnership – or same-sex divorce – there are only four grounds for dissolution. These include unreasonable behaviour, desertion, separation after two years and separation after five years.
Converting a civil partnership to a marriage
Same-sex couples can convert their civil partnership to a marriage if they wish. This can be achieved by signing a “conversion into marriage” declaration. Once completed, the couple will receive a marriage certificate dated the same as their marriage certificate. Unfortunately, opposite-sex couples can’t convert their civil partnership to a marriage.
