What is The Difference Between Marriage and Civil Partnership?

As of December 2019, both opposite-sex couples and same-sex couples who reside in the United Kingdom can choose to either get married or become civil partners.

With civil partnerships, you get legal recognition as well as legal rights and responsibilities just like you would do if you were a married couple.

In this article, we will discuss what a civil partnership and marriage are, as well as the differences between both.

Who Can Get Married?

In the United Kingdom, people are now able to enter into a same-sex marriage or a same-sex civil partnership, just like opposite-sex couples are able to.

Whilst this may be better suited to some couples more than others, it is important to understand what each entails and if civil partnerships and marriages have the same legal rights or if there are significant differences that have to be taken into account.

What Has Changed?

Heterosexual couples have always been able to get married in the UK, but now since new legislation has come out, same-sex marriages are now classed as a legal relationship in England and Wales, however, in Northern Ireland, they will be classed as civil partners.

How Can This Be Done?

If two people want to get married, they have to give formal notice to their register office.

Same-sex couples can get married in religious ceremonies, but, their religious organisation has to agree to marry the same-sex couples first before they can do so, otherwise, they will need to look elsewhere.

Who Can Have a Civil Partnership?

Civil partnerships were first introduced in 2004 as a way for people who are in a same-sex relationship to obtain the same legal rights as married couples.

Both partners sign a civil partnership document that states that they are in a civil partnership, and they don’t have to speak any words if they do not want to, it can be very quick and simple for couples who wish for it to be that way.

Why The Rules Changed

Opposite-sex couples were not able to go into civil partnerships, however, when one couple decided that they would rather enter into a civil partnership than be married they took their case to court so they could fight it.

The Supreme Court ruled in their favour and now opposite-sex couples and same-sex couples can both enter into marriage or civil partnerships.

Having a civil partner rather than a spouse spoke to many people who wanted to be with their loved one but just in a different legal way and as of 2019, there have been nearly 1,000 couples who have entered into a civil partnership.

What is The Difference Between Marriage and Civil Partnership?

There are some significant differences when it comes to comparing marriage and civil partnerships, but there is not so much that makes people want to go for one more than the other, it is all a case of preference.

The Differences Are –

• Legal distinctions prevent civil partners from using the term “married.” Unlike married couples, civil partners do not have the legal status of marriage, and as a result, the terminology is not interchangeable. This distinction reflects the specific legal framework that governs civil partnerships, which may differ from the regulations overseeing marriage. The inability to refer to themselves as married underscores the unique nature of civil partnerships and highlights the importance of clarity in legal language. Understanding and respecting these distinctions is essential for individuals in civil partnerships, ensuring accurate representation of their legal relationship status within the context of existing legal frameworks.
• The conclusion of marriage and civil partnerships involves specific legal processes, each facilitated by distinct mechanisms. In the case of marriage, the formal termination occurs through obtaining a decree absolute, a legal document that finalizes the divorce. Divorce Lawyers play a crucial role in guiding individuals through this process, providing legal expertise to ensure the decree absolute is obtained following the appropriate legal procedures. Conversely, ending a civil partnership follows a different course, necessitating a dissolution obtained through a dissolution order. Unlike divorce, where the term “decree absolute” is used, civil partnerships utilize the term “dissolution order” to signify the formal end of the partnership. This unique terminology underscores the separate legal frameworks governing marriage and civil partnerships. The expertise of professionals, such as Divorce Lawyers, is invaluable in navigating these legal intricacies, ensuring individuals receive tailored guidance and support throughout the dissolution of their respective unions.
• The legal landscape surrounding the dissolution of relationships varies between civil partnerships and marriages. Notably, adultery holds different implications for these two unions. In the context of marriage, adultery is recognized as a valid reason for divorce, providing grounds for the termination of the marital contract. However, in the case of civil partnerships, adultery does not constitute a valid reason for dissolution. This distinction reflects the unique legal considerations and framework governing each type of relationship. The absence of adultery as grounds for ending a civil partnership emphasizes the need for a nuanced approach to relationship dissolution, ensuring that legal procedures align with the specific characteristics and legal intricacies of the union involved.

There are similarities between marriage and civil partnership as well, for instance, when it comes to inheritance and civil partnerships your partner can inherit the money from you after you have died even without a will as you are joined together.

If all the property they have is left to you as well then you will not need to pay inheritance tax.

There are quite a few similarities when it comes to civil partnerships and marriage, so it doesn’t look to be something that many people would disagree on.

How to End a Marriage or Civil Partnership

If you want to end either a marriage or civil partnership, then there are steps that you need to take.

If you are in a marriage, then you can end it on the grounds of –

Adultery

Your spouse starts up a sexual relationship with somebody else, however, you can not file adultery if you are still living with your spouse six months after finding out about the adultery.

Desertion

If your spouse has left you at least two years before initiating the divorce process, you may be eligible to claim desertion as grounds for divorce. In such cases, the deserted party has the legal right to file for divorce based on the duration of separation, providing a legitimate reason for the dissolution of the marriage. Seeking guidance from experienced Family Law Solicitors Norton Peskett or law practitioners of comparable caliber elsewhere can ensure that the process is conducted in accordance with legal requirements.

Unreasonable Behaviour

This one has probably been heard a lot and it means when your spouse has acted in such a bad way that you cannot be expected to carry on living with them in this state.

If they are verbally abusive, physically violent, drug-taking, or refusing to pay towards the house, then you can use either one of these to file, but it does need to be proven. You’ll also have to learn how to do d8 divorce petition and how to implement it for free, or at least engage a lawyer’s services who would be able to guide you. Once you are able to prove successfully your grounds for seeking the end of your union with your partner, the court will order a decree stating the same.

No-Fault Grounds

In many jurisdictions, uncontested divorces are based on “no-fault” grounds, meaning that neither spouse is required to prove that the other did something wrong to cause the divorce. Instead, they can simply state that their marriage is irretrievably broken.

To get through the no-fault process smoothly, the couple can hire an uncontested divorce lawyer Schaumburg or similar legal experts to guide them through the process and reach a settlement that works to the benefit of both parties. These kinds of divorces are the least messy and have little to no collateral damage.

How Can a Civil Partnership Be Dissolved?

A no-fault divorce is there for married couples and laws are coming into effect that will have this also apply to civil partnerships.

Alternatives to Marriages and Civil Partnerships

If you do not want to enter into a civil partnership or into a marriage, then there are other ways that you can be ‘connected’ with your other half.

You can become common-law spouses, however, there is no legal recognition for this as you are both only living together, so when it comes to issues such as your partner’s national insurance contributions or parental responsibility, that will come on a case-by-case basis if it goes to court.

Cohabiting With Your Partner

You can enter into a cohabitation agreement which can provide some protection.

This agreement will lay out how to support children by providing care and support to them in line with what has been agreed upon.

It can also include how to manage debts, pension schemes, bank accounts, and joint purchases such as cars and other vehicles.

This may be easier for couples who want some stability in their relationship without having to enter into a binding marriage or civil partnership agreement.

Conclusion

Whether you are happy to marry your partner or you feel like you would both be better suited to a civil partnership, there are steps that you both must take to ensure that you are doing the right thing and are obtaining what you need to enter into this with open eyes.