Same sex marriage and civil partnerships – Changes in recent years

The landscape of same-sex marriage and civil partnerships has undergone significant changes in recent years.

This progress has culminated in the passage of the Marriage (Same Sex Couples) Act in 2013, which legalised same-sex marriage in England and Wales, followed by Scotland in 2014 and Northern Ireland in 2020.

By understanding the legal framework surrounding these unions, same-sex couples can make informed decisions and protect their rights and interests.

Same-sex marriage vs. civil partnerships

While same-sex marriage and civil partnerships both provide legal recognition to the relationship of a same-sex couple, they differ in several key aspects:

Terminology – Same-sex marriage is labelled as a “marriage” and is treated the same as an opposite-sex marriage, whereas civil partnerships retain their distinct title.
Ceremonies – Couples entering a same-sex marriage can choose to have a religious or civil ceremony, while civil partnership ceremonies are solely secular in nature.
Conversion – Couples in a civil partnership can convert their partnership into a marriage if they choose to do so.

However, there is currently no option for married couples to convert their marriage into a civil partnership.

Rights and responsibilities

Both same-sex marriages and civil partnerships offer couples a range of legal rights and responsibilities, including but not limited to:

Property and inheritance rights – Both types of unions grant couples the right to jointly own property and inherit from one another.
Tax benefits – Married couples and civil partners enjoy the same tax benefits, such as the ability to transfer their tax-free allowance to their spouse or partner.
Parental rights – Both unions allow couples to apply for joint parental responsibility and adoption rights. However, these rights may also exist outside of marriage.
Immigration rights – Same-sex marriages and civil partnerships both provide the basis for a non-British partner to apply for a UK spouse or partner visa.
Dissolution – In the case of a relationship breakdown, both same-sex marriages and civil partnerships can be legally dissolved, with the respective processes of divorce and dissolution bearing similarities.

For more advice on same sex marriage vs civil partnership and how these differ, contact us today.