Same-sex or opposite-sex couples have the option of both a civil partnership and a marriage in terms of formalising their relationship. In England and Wales, legally, same-sex couples have had the option of civil partnerships since 2005 and marriage since 2014. Of course, marriage has been an option for opposite-sex couples for a long time, but civil partnerships have only been an option since 2019. In truth, both are a formal method of legally recognising a relationship and in the eyes of the law there are very few differences between them. But clearly people choose one over the other, so why is this and what is best for you? Here we will dissect both and help you to understand how to make the right choice.
How are civil partnerships and marriage the same?
Apart from both being a legal recognition of a relationship, there are other similarities between a civil partnership and a marriage:
- Eligibility – For both you need to be over 18, not married or in a civil partnership already, and not closely related.
- Certification – For a marriage you sign a marriage certificate to legally register it, while for a civil partnership you sign a ‘civil partnership document’.
- Legal rules – Both civil partnership and marriage are treated the same in terms of income and inheritance tax, rules of intestacy, parental responsibility and with adoption laws.
How are civil partnerships and marriage different?
The main differences between civil partnerships and marriage are:
- Breakdown – In the event of an irreparable relationship breakdown, a civil partnership is ‘dissolved’ while a marriage goes through the ‘divorce’ process.
- Status – In the eyes of the law, civil partners can’t call themselves ‘married’ and a married couple can’t call themselves ‘civil partners’.
- Other countries – Civil partnerships are not recognised in every country, so if civil partners wanted to live abroad, they would have to check their rights and legal status in that particular country.
How can a couple choose between a civil partnership and a marriage?
While there are very few differences between civil partnerships and marriage and in the eyes of the law they are largely treated the same, people do choose one over the other. And this is mainly down to the personal preference of the couple. These decisions are mainly based on:
- Religion – If the couple are religious then a marriage is normally the way to go. The marriage ceremony can follow a religious theme in terms of vows, hymns and readings etc, although it doesn’t have to. This means that couples who are not religious or who are opposed to religion, would be better suited to choose a civil partnership.
- Traditions – Many couples view ‘marriage’ as an outdated tradition, in terms of conventions such as the ‘bride being given away by her father’ and the groom asking permission of the bride’s father etc. Although, again, many modern day marriage ceremonies don’t conform to those traditions. However, civil partnerships are generally viewed as a more modern and less traditional formality. Also, same-sex couples may oppose a traditional wedding because they had to fight for the right to such a status for so long, until 2014, and therefore may be reluctant to comply with a tradition which wouldn’t accept them for so long and which also perhaps carries outdated social conventions, in their view. Again, the civil partnership is viewed as a more open-minded and forward-thinking formality in this sense.
If you and your partner are wanting to formalise your relationship but don’t know whether to choose a civil partnership or marriage, then contact our family law team at Ison Harrison and we can advise on the best option to suit your individual circumstances.
