What’s the difference between marriage and a civil partnership?

Both marriage and civil partnerships are legal ceremonies that formally recognise a relationship. Opposite-sex couples have been able to marry for hundreds of years but have only been able to enter a civil partnership together since 2019. Conversely, same-sex couples have had the option to mark their relationship in a civil partnership since 2005, with the option for marriage being introduced in 2014.

Given that couples now enjoy a choice in how they legally recognise their relationship, we’ve complied a quick guide to the main differences and similarities.

What are the main differences between marriage and a civil partnership?

There are few real differences between being married or being in a civil partnership in English and Welsh law. Basically, those in civil partnerships cannot call themselves ‘married,’ and must opt instead for the term ‘civil partners.’ In the event of relationship breakdown, marriages go through the divorce process, while civil partnerships are dissolved.

The only real difference is that some countries do not recognise civil partnerships, so if a couple are planning on moving and living abroad, they will need to check their rights and legal status in their choice of country.

What are the main similarities between marriage and a civil partnership?

Both marriage and civil partnerships offer legal recognition of a relationship. For both you must be over 18 years old, not already in a legally recognised relationship and not closely related.

Both involve certification. A marriage certificate must be signed by you both to legally register the union, while a civil partnership requires the signing of a ‘civil partnership document.’

What’s more, both are treated the same in terms of parental responsibility, income and inheritance tax, intestacy rules and adoption laws.

Factors to consider when choosing between marriage and a civil partnership

Which type of legal ceremony you choose is largely a matter of personal preference. However, several factors can impact your decision:

• Religion – religious couples tend to opt for a marriage ceremony, which often follow religious themes in terms of vows, hymns and readings, although this doesn’t have to be the case.
• Traditions – although many marriage ceremonies no longer include what some view as outdated conventions, such as the father giving away his daughter, some feel the more relaxed and informal civil partnership ceremonies are a more modern way of recognising their relationship. Many same-sex couples may also prefer this option as they had to fight so strongly for the right to marry, choosing instead the more open-minded civil partnership.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.