Here in the UK, there are two different ways available to make a relationship recognised by the law – forming a civil partnership or getting married.
Many people are unsure of the difference between the two options, but in this article, we answer commonly asked questions to help couples determine whether a civil partnership or marriage is best for them.
What is civil partnership?
Under UK law, a civil partnership is described as a legal relationship between two individuals that happens voluntarily through a formal ceremony. Often, it is seen as an alternative to getting married, but grants those in the partnership the same responsibilities and rights as a marriage.
What is marriage?
Like a civil partnership, a marriage is also a legal relationship that takes place voluntarily by two individuals during a ceremony and bestows on them several rights and responsibilities.
What is the difference between civil partnership and marriage?
It’s clear to see that looking at the definitions listed above, there is considerable similarity between civil partnerships and marriages.
When comparing civil partnership and marriage, it is key to understand that UK law fundamentally views them as the same. In simple terms, civil partners and married couples have each formed a legal union that gives them established responsibilities and rights under the law.
However, there are some key differences between civil partnership and marriage that couples should be aware of.
The ceremonies can differ considerably. While it doesn’t need to, a marriage can be formed as part of a religious ceremony. It comes into being through marriage vows and the signing of a marriage certificate.
A civil partnership, however, is formed when couples sign a civil partnership certificate. An important difference is that a legally binding civil partnership ceremony can never be religious. However, individuals forming a civil partnership can choose to get a religious blessing either before or after the ceremony if they wish.
In a legal sense, civil partnerships cannot refer to themselves as ‘married’. The reason for this is that while both legal relationships grant couples identical rights under law, a legal distinction still exists between being in a civil partnership and being in a marriage. It is unlikely, however, that this clause will ever impact the daily life of couple in a civil partnership. For instance, you’ll only need to make sure you choose the right relationship status box when filling in official forms.
A marriage is ended by a divorce. The final stage of a divorce is called the “Decree Absolute”. A civil partnership ends through dissolution. You can find out more about divorce vs dissolution here.
Is civil partnership the same as common law marriage?
Civil partnership isn’t the same relationship as common law marriage. Here in the UK, there is no legal recognition of a common law marriage. Couples who aren’t in a civil partnership or married possess no legal recognition of the relationship they have. As such, those in a common law marriage can miss out on many of the advantages of having a legally recognised relationship, like intestacy rules or inheritance tax benefits, for example.
Do civil partners have the same rights as married couples?
Under UK law civil partners and married couples both have the same obligations and rights. They have the same right regarding financial provision and the occupation of property. In relation to children, they also share the same rights, including the ability to adopt or apply for parental responsibility.
They also have the same rights regarding tax and death. This includes being able to claim a survivor pension and inherit money or property free from paying inheritance tax (IHT). Both married couples and civil partners also share the same right regarding financial relief if a judicial separation, divorce or nullity occurs.
Do you need legal advice regarding a civil partnership or marriage in North Wales?
At Bennett Smith Solicitors, we are specialists in family law for the region, and can advise on both marriage and civil partnerships. When a marriage ends, our team includes divorce solicitors, so North Wales spouses can receive the legal support they required. We are also experts in civil partnership dissolution in North Wales, and can offer advice and assistance if you have entered in a civil partnership that you wish to end.
We understand that every legal relationship ending is a difficult and distressing time for all parties involved, and take pride in offering a sympathetic and supportive service. Reach out to us today to discuss your situation and find the help you need.
