Opposite sex couples in England and Wales can now enter a civil partnership. The new law is the result of a campaign initiated in 2014 by Charles Keidan and Rebecca Steinfeld. They won their case in the supreme court in 2018, when the court found that restrictions on opposite sex couples entering a civil partnership breached their human rights.

Katharine Scoot, Family Solicitor at HRJ Foreman Laws Solicitors, provides an overview of what this means for those who do decide to enter into an opposite sex civil partnership and for those who do not.

What are civil partnerships?

A civil partnership is a legally recognised relationship between two people. It offers many of the same benefits and protection as a conventional marriage. As a result of the changes, opposite-sex couples who register a civil partnership will now have the same legal rights as a married couple. They can inherit property, spousal pensions and will have more financial protection.

There are also a few notable differences between a civil partnership and marriage:

– Civil partners cannot call themselves married for legal purposes.

– A civil partnership is formed by signing a document, marriage is formed by vows.

– A marriage is ended with divorce by obtaining a decree absolute, while a civil partnership is ended with dissolution by obtaining a dissolution order.

– Adultery is not a valid reason to dissolve a civil partnership, but it can be used to divorce.

No legal protection for cohabitants

According to the Family Lawyers Association, Resolution, UK couples choosing to live together without marrying is now in excess of 3.3 million. It is estimated that the changes in the law will result in as many as 84,000 opposite sex civil partnerships in the first year.

However, it is important to acknowledge that the changes to the Civil Partnership legislation, does not provide any additional legal protection for couples who are living together. The so called ‘common-in-law’ relationship is not recognised in English law and does not give the same legal rights as a married couple or civil partnership in the event of a relationship breakdown.

If marriage or civil partnership is not an option, there are other routes couples can take to ensure they are protected. For example:

– A cohabitation / living together agreement can specifically set out how a couple wants to manage finances, property, children, business and any other aspects of their lives.

– A Declaration of Trust sets out the proportions each partner owns in a shared property.

– A Will – if one partner in an unmarried couple dies, the other does not have an automatic right to inherit the property or any finances
regardless of how long they have been together. It is important to have an up-to-date Will, clearly showing both parties plans for each other and their families.

To decide upon the best option, seek legal advice. The HRJ Foreman Laws Family Law team are here to help. Contact us today. https://www.hrjforemanlaws.co.uk/contact/how-to-find-us

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