Civil Partnerships

Since December 2019, opposite-sex and same-sex couples in the UK can opt for a civil partnership or choose to get married.

Civil partnerships and marriage have more in common than divides them; there is financial provision if separation occurs and rules about tax entitlements and inheritance. However, there are some crucial differences.

In a civil partnership, the legal agreement is entered into by signing a civil partnership agreement. A marriage is contracted by the saying of vows.

It is necessary to get a divorce to end a marriage, whereas a civil partnership ends in dissolution.

A civil partnership can be converted into marriage via a conversion process before a Registrar, called ‘Standard Conversion.’ The marriage certificate is valid from when the civil partnership was initially formed. The couple can then have a religious wedding ceremony if they want to.

A civil partnership creates a legal relationship between a man and a woman living together and not married. They may choose a civil partnership over marriage. 

Only same-sex couples were allowed to enter into a civil partnership between 2005 and 2019, and they could also marry. In 2019, the law changed and allowed opposite-sex couples to choose either a marriage or a civil partnership, providing parity with same-sex couples.

A civil partnership provides definition and clarity over rights and responsibilities, especially if the couple chooses to execute a pre-registration agreement.

A pre-registration agreement can set out each party’s rights and obligations towards the other, especially if the relationship breaks down. The agreement can cover arrangements for the children, the family home, financial assets like savings and pensions, and personal possessions.

Each party to the civil partnership must take independent legal advice before making a pre-registration agreement. A pre-registration agreement is not legally binding but can be influential if the relationship breaks down and the civil partnership is dissolved.

The other option for a straight unmarried couple is to execute a living together agreement, sometimes also called a cohabitation agreement.

It records legal rights in certain areas of the relationship and is recognised by the Courts. It can be about ownership of property, children, and jointly owned possessions. This agreement needs to be drawn up with the help of a Solicitor.

There are some critical distinctions between marriage and a civil partnership, and it’s essential to understand that they are not the same.

Civil partners do not have the same rights as married couples, although opposite-sex couples will have more rights and protection than if they had remained as cohabitees.

If one party to the civil partnership dies, the surviving partner will only inherit the property if it is left to them; the property does not automatically transfer on death from one to the other.

A civil partnership, like a marriage, can only be ended by applying to the Court (a bit like a divorce) or if one of the parties dies. This process is called dissolution. It’s not possible to apply to the Court unless the civil partnership has lasted for at least twelve months. 

Applications can be made online or by post, and there is a fee of £593. An application to dissolve a civil partnership can be made solely or jointly.

An applicant must confirm that the civil partnership has irretrievably broken down, which means the relationship is permanently over and there is no way back. There is no requirement to explain to the Court why the civil partnership has broken down; this may only be relevant if arrangements are required about the care and custody of any children.

The Court will follow a two-stage process, issuing a conditional order and a final order, similar to how a marriage ends during the divorce process. The whole procedure to dissolve a civil partnership will take at least six months.