What is the difference between civil partnership and marriage UK?

You can make your relationship official in the UK in two ways: by getting married or becoming a civil partner. What is the difference between civil partnership and marriage UK, though? This post goes into more depth about the differences between civil partnership and marriage UK to help you answer your questions or even choose which one is best for you.

Civil Partnership vs Marriage UK

One important thing to keep in mind about marriage vs. civil partnership is that they are basically the same thing in the eyes of the government. Civil partners and married spouses are both legally joined together, which means they have the same rights and duties.

So, you might be wondering what is the difference between getting married and becoming a civil partner. What makes them different are these:

• The ceremony. People can get married in a religious ceremony, but they don’t have to. They make vows and sign a marriage certificate to make their marriage official. To form a civil partnership, on the other hand, you need to sign a civil partnership certificate.
• Legally, a civil partnership can’t call itself “married.”
• Divorce is the last step in ending a marriage, and it is called the Decree Absolute. Dissolution is the process of ending a civil union. 

Read more about Civil Partnership Visa in the UK.

Similarities of Marriage and Civil Partnership

People who are in a civil partnership have all the same rights, perks, and duties as people who are married. If you compare civil partnership to marriage, you could say that they are more alike than they are different. The main similarities are:

• One spouse or civil partner must die before the marriage or civil partnership ends. The other way is for the marriage to end formally through divorce or dissolution.
• The law says that both parents are responsible for their children if they are born to parents who are married or in a civil partnership. If the parents’ relationship ends and they get divorced or end their civil partnership, they both have the same rights and duties when it comes to making plans and choices for the kids after the breakup.
• Additionally, if you get divorced or end a civil union, you may have the same rights to maintenance. Basically, this is about separating things. In England and Wales, the minimum amount that must be split is usually 50/50. However, fairness and the needs of each person and any children are also taken into account.
• There are the same rules for intestacy when one of the people in a marriage or civil partnership dies. In other words, if there is no will and no children, the whole estate will go to the partner who is still alive. If there are children, the partner who survives will get the first £250,000, the personal items, and half of the rest of the property.
• The tax rules for married people and civil partners are the same. This includes the same inheritance tax break and the chance for one partner to give their nil rate tax band to the other. 

So why not get married and have a civil partnership instead?

Many people choose to be in a civil partnership instead of getting married. For example, same-sex couples could not get married before 2013. The only choice was to become a civil partner. For some couples, marriage may not fit with their beliefs or the way people see them. They may choose civil partnership instead, which makes their relationship official without having to go through the formalities of marriage. In the end, it’s up to each couple to make their own decision.

What are the cons of a civil partnership instead of a marriage?

Under UK law, marriage and civil unions are pretty much the same thing, so there aren’t any significant reasons why one would be better than the other. However, civil partnerships are not accepted everywhere in the world. If you travel or move to a country where they are not recognised, you can get into problems.

Is it possible to turn a civil partnership into a marriage?

This is possible in England, Wales, and Scotland. Civil partnerships can become marriages. In Scotland, you need different paperwork, and in Northern Ireland, civil unions can’t be turned into marriages. Marriages, on the other hand, can’t be changed into civil unions.

Can straight couples get a civil partnership?

People often think that civil partnership is only for couples of the same gender. Before the Marriage (Same Sex Couples) Act 2013 made it possible for same-sex couples to get married, the only way for them to make their relationship official and give them legal rights was to form a civil partnership.

In fact, civil partnerships were created in 2004 to give same-sex couples equal legal rights as married couples of the opposite sex. At first, mixed-sex couples were not able to form them. For England and Wales, this was thrown out in 2019, for Northern Ireland in 2020, and for Scotland in 2021. There are now civil partnerships open to all couples in the UK.

You can visit the gov.uk website here to learn more about the differences between marriage and civil partnership, as well as the requirements to enter into either one.

Contact us for Assistance

Whether you need help with civil partnership vs marriage or anything else related to family law, our friendly family law lawyers are here to help. If you require legal assistance, you can trust that all of our solicitors have extensive experience in the industry. To get in touch with us right away, call 02033844389.