Civil Partnerships versus Marriage: Where does the new law leave mixed-sex couples?
The law relating to the formation of Marriages and Civil Partnerships changed at the end of 2019 with the introduction of The Civil Partnerships, Marriages and Deaths (Registration Etc.) Act 2019. Following the successful campaign by opposite sex couple Steinfeld & Keidan, the law has been changed allowing heterosexual couples to enter into Civil Partnerships. Discrimination Previously, Civil Partnerships were only available to same sex couples. Steinfeld & Keidan challenged the law on the basis that it was discriminatory under article 8 ECHR (right to family life) when considered alongside article 14 (prohibition of discrimination). Their case went to the Supreme Court and in June 2018, the judges unanimously agreed that the ban was in fact discriminatory. Another option As reported by the BBC, the government has estimated that about 84,000 mixed-sex couples could form Civil Partnerships in 2020, giving them greater rights and protections within their relationships, without having to get married. Notable differences Whilst Civil Partnerships essentially award the same rights to couples as Marriage, there are a few notable differences:
- Civil Partnerships cannot be formed in a religious ceremony on a religious premise
- Marriage is formed by vows; Civil Partnerships are formed by signing of the Civil Partnership document
- Only the father’s name features on the Marriage certificate whereas both parent’s names appear on the Civil Partnership document
- Marriages are ended by divorce and Civil Partnerships by dissolution; although the procedure is fundamentally the same
- A Civil Partnership is not voidable on the basis of non-consummation (nor does it make a same sex marriage voidable)
- Adultery is only a ground for dissolution (or divorce) if it is committed with a person of the opposite sex