This year marks the 20th anniversary of the Civil Partnership Act 2004 which came into force on 5th December 2005.
The first civil partnership registration took place on that same day allowing same-sex couples to enter a similar lifelong commitment as married couples, affording them the same protections and rights. In 2014, same-sex marriage was legalised.
A judgment of the Supreme Court in 2018 (Steinfeld and Keidan), led to the introduction of civil partnerships for opposite-sex couples in 2019.
Generally, there is no legal distinction between marriage and civil partnerships in the UK, however some differences remain.
Civil partnerships in England and Wales
Civil partners are permitted the same rights as married couples. The same goes for financial claims that can be made.
The divorce process remains the same. In April 2022, with the introduction of ‘no-fault’ divorce, a similar procedure was set up for the dissolution of civil partnerships, subsequently removing the last remaining differences between divorce and dissolution (for example, adultery had previously been a ground for divorce but not the dissolution of a same-sex civil partnership).
There is a difference in that same-sex civil partners can convert their partnership into a marriage. Opposite partners cannot. Ultimately this creates an impossible challenge for opposite sex civil partners who wish to marry. They would need to first formally dissolve their civil partnership; to do this, they must provide a signed statement of truth that their partnership has irretrievably broken down.
Implications for international couples:
Marriage is globally recognised; civil partnerships are less so. With no worldwide definition for ‘civil partnership’ and, even in countries where civil partnerships are acknowledged, the legal rights and protections differ significantly from those offered in England and Wales.
- Some countries do not recognise civil partnerships, and cohabitation outside of marriage may be criminalised.
- Civil partnerships may be recognised only for same-sex couples.
- Civil partnerships may be recognised but carry limited rights, or rights which differ from those to which they are accustomed in England and Wales (both during the partnership and upon dissolution).
Civil partnerships and jurisdiction
Unique challenges can arise for civil partners who have a connection with a foreign country. To dissolve a civil partnership in England and Wales at least one party must be a habitual resident or domiciled in this jurisdiction. Same-sex civil partners have an exemption that allows dissolution in the UK under certain circumstances, but opposite-sex couples do not. This means opposite-sex couples who relocate abroad may find it difficult to formally end their partnership if they lose their connection to this jurisdiction and their new country does not recognise civil partnerships. In a country that does not recognise civil partnerships, couples’ options can be limited unless they can return to England and Wales for the required amount of time to regain jurisdiction.
If you do dissolve your civil partnership abroad, there is a risk that the country provides little or no financial protection as opposed to commencing financial remedy proceedings in England and Wales.
If you would like advice in relation to civil partnerships, or any of our other services, please get in touch with the Family Team today and we would be more than happy to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
