Is there a difference between a Civil Partnership and a Marriage?

In the UK, couples have two options for legally recognising their relationship: marriage and civil partnership. But what distinguishes the two? This article aims to clarify the differences and similarities between civil partnership and marriage.

What is a civil partnership?

Civil partnership is a legally recognised relationship formed voluntarily between two individuals during a formal ceremony. It is frequently seen as an alternative to traditional marriage.

Civil Partnerships were introduced in 2005 and were originally only available to same-sex couples. When the legislation was introduced same-sex couples were unable to get married and so becoming Civil Partners was the only way for the couple to enjoy the same benefits and protections, for example in respect of property rights and inheritance, as married couples.

Same-sex marriage was legalised in 2014 and so same-sex couples had the option of either marrying or entering into a Civil Partnership. Same-sex couples who were already Civil Partners had the option of converting their Civil Partnership into a marriage.

Civil Partnerships were not available to opposite-sex couples until the Supreme Court in 2018 decided that not permitting opposite-sex couples to enter into Civil Partnerships was discriminatory and the Court required the government to change the regulations to allow for opposite-sex Civil Partnerships, which it did in 2019.

How is marriage and a civil partnership different?

Nowadays the choice between marriage and Civil Partnership is down to personal preference. Some people prefer to have the label of Marriage whereas others prefer not to.

When comparing civil partnerships and marriage, it's crucial to recognise that the law treats them as fundamentally equivalent. Both civil partners and married spouses have formed a legal union, which grants them specific rights and responsibilities under the law.

However, there are some key differences:

• A marriage can be celebrated during a religious ceremony, although it is not a requirement. It is established through the exchange of vows, followed by the signing of a marriage certificate. In contrast, a civil partnership is formalised by signing a civil partnership certificate. While a legally recognised civil partnership ceremony cannot be religious, you may choose to receive a religious blessing either before or after the ceremony if you desire.
• Civil partnerships cannot legally refer to themselves as ‘married.’ Although both civil partnerships and marriages grant couples equivalent rights under the law, a legal distinction remains between the two. However, this difference is unlikely to significantly affect your everyday life. For instance, make sure to choose the appropriate option when indicating your relationship status on official documents (i.e., select ‘married’ if you are married, and do not select it if you are in a civil partnership).
• Marriages conclude with divorce, the ultimate phase being the Final Order. In contrast, civil partnerships are terminated through dissolution. However, Divorce and dissolution essentially serve the same purpose: they terminate a legally binding relationship.

Civil Partnerships and Pre-Nups

Pre-Nuptial Agreements apply to Civil Partnerships in the same way as they apply to Divorce. If you are considering a Civil Partnership, be aware that the protections afforded to a spouse on the breakdown of a marriage are extended to a Civil Partner on the breakdown of a Civil Partnership.

Should you wish to agree in advance how assets and resources would be divided on the breakdown of the Civil Partnership then you will need a Pre-Nuptial Agreement. As with a marriage, the Pre-Nuptial Agreement should be signed no later than 28 days before the Civil Partnership is formed. In reality, discussions and legal advice should commence much earlier than that to allow time for negotiations and to prevent either party feeling pressured to sign the Pre-Nuptial Agreement.

How can Hegarty help?

If you’re seeking guidance on family law matters, our friendly team of family law solicitors are ready to assist you. Each of our lawyers possesses extensive experience and knowledge in their specialty and can provide the necessary advice for your legal decisions.