Civil Partnership or Marriage?
The Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019 requires the Government to make provisions by the end of the year to make couples of the opposite sex eligible to form civil partnerships. The result being that there is more choice available to couples wishing to make a commitment to one another, irrespective of their sex/gender/sexual orientation.
Despite same sex couples being able to marry or covert civil partnerships to marriage, civil partnerships remain a popular option. The number of civil partnerships registered has risen for the third consecutive year despite the fact that same-sex marriage could take place in England and Wales from the 29th of March 2014. For those of you that like to delve deeper into the statistics, the Office for National Statistics demonstrate that a civil partnership is most attractive to men and to older couples.
So what is a civil partnership and how does it differ to a marriage?
Differences between Marriage and Civil Partnerships:
In relation to the ceremony a marriage is formed when a couple exchange a prescribed form of words, whereas a civil partnership is when the second civil partner signs the relevant document, with no words required to be spoken. A marriage is often taken in the form of a religious or even a civil ceremony, however a civil partnership is entirely a civil process. There is no requirement for a ceremony to take place. Marriages are registered on paper, in a hard copy register, but the details of civil partnerships are recorded in an electronic register. Marriage certificates include the names of only the fathers of the parties whereas civil partnership certificates include the name of both parents of the parties. There are grounds of annulment available if married that are not so if you enter into a civil partnership e.g. if at the time of the marriage the respondent was suffering from a venereal disease in a communicable form.
Marriage, is a historic institution that is recognised around the world as being legally binding. A civil partnership conversely is not legally recognised in some other countries, which can cause difficulties if you are emigrating or require marriage rights while abroad. You will also find the same restrictions on same sex marriage in various countries – with some placing it at a similar level to a civil partnership, while others do not recognise it at all.
Civil Partnerships give couples the choice to formalise their relationship and celebrate with both friends and family without getting married. Many people see civil partnerships as being more modern, therefore expresses more equality within the relationship, rather than the institutionalised, patriarchy that is deep-rooted within marriage.
From a legal viewpoint, these two unions share very similar characteristics but there can be subtle differences following a separation in so far as process and rights.
Whether you are entering into a same-sex, opposite-sex marriage or a civil partnership, you may wish to consider a prenuptial agreement or pre-civil partnership agreements. The solicitors in our friendly family team here at Clark Willis are happy to discuss with you your options and the best way to financially protect yourself.
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