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Marriage and civil partnerships – What are the legal differences?

While marriage and civil partnerships are extremely similar, there are some key legal differences that couples should consider before deciding on how they want to commit to each other.

Civil partnerships

Civil partnerships were initially exclusive to same-sex couples. The Civil Partnership Act 2004 which came into force on 5 December 2005 allowed same-sex couples to enter into a civil partnership.

In December 2019, the Act was updated to allow couples of the opposite sex to enter civil partnerships in England and Wales. Scotland and Northern Ireland would follow suit in 2020.

Marriage

The Civil Partnership Act allowed couples of the same sex to commit to each other, as it still wasn’t legal for them to get married.

However, the Government brought in the Marriage (Same Sex Couples) Act 2013, and in 2014 this Act came into force, allowing same-sex couples to get married.

With both civil partnerships and marriage now viable options for couples of all orientations, it is a matter of each couple’s personal preferences as to which avenue they decide to pursue.

The legal differences between the two are an important factor for couples to think about when making this decision.

Ceremonial differences

While a marriage is often formalised through a public ceremony where vows are exchanged, a civil partnership is typically constituted by the signing of legal documents, with no legally required ceremony or exchange of vows.

Terminology

Married couples are officially referred to as ‘husband’, ‘wife’, or ‘spouse’, while in a civil partnership, the individuals are legally known as ‘civil partners’.

The differences in terminology also apply to the dissolution process: ‘divorce’ for marriage and ‘dissolution’ for civil partnership.

Divorce and dissolution

When a marriage or civil partnership breaks down, both parties might want to legally dissolve the relationship.

A married person applies for a divorce, while a civil partner would apply for a dissolution.

To end a marriage in England and Wales through a divorce, all of the following must be true:

You must have been married for over a year
Your relationship has permanently and irretrievably broken down
The marriage must be legally recognised in the UK (this includes same-sex marriage)

England and Wales operate a system of ‘no-fault’ divorce, which allows one or both partners to end a marriage on any grounds.

If you wish to end (dissolve) your civil partnership, you can are able to apply if you have been in the partnership for over a year. You must apply to a court to do this.

There are different processes if you want to get a divorce in Scotland or in Northern Ireland.

The decision to enter a marriage or civil partnership is a significant one, involving many personal and legal considerations.

Don’t leave this important decision to chance; make sure you fully understand the implications of your choice.

For assistance to help you navigate this important chapter of your life confidently and securely, please contact our expert team today.