Civil Partnerships Vs Marriages – The Similarities

As family law solicitors, we are regularly asked to advise heterosexual and same-sex couples in relation to either the dissolution of a civil partnership, or a divorce following the breakdown of a marriage.   In law, civil partnerships and marriages are treated equally. 

In recent years , civil partnerships have gained significant prominence as a legally recognised way for couples to formalise their relationships outside of marriage. Initially introduced to offer same-sex couples a legal alternative to marriage, civil partnerships have evolved over time and are now available to same-sex and opposite-sex couples. Within the broader scope of family law, they establish rights and protections for those couples who choose it. 

A civil partnership is a legally recognised union between two people, similar to marriage, but distinct in form. Originally established by the Civil Partnership Act 2004 in the UK, they were designed specifically to provide legal recognition to same-sex couples who wanted to formalise their relationship and gain similar legal rights and responsibilities as married couples.  In 2018, the supreme court ruled that the exclusion of opposite sex couples forming civil partnerships was discriminatory and as a result the government responded by agreeing to extend the option of civil partnerships to them as well.

Civil partners have the same property rights as married couples. This includes rights to jointly owned property, the ability to make claims on family assets, and the division of property.

Civil partners have the right to apply for financial support, much like divorced couples in marriage. This includes claims for maintenance, property division, and pension sharing.

The grounds for dissolving a civil partnership are almost identical to those for a divorce, as both are governed by similar legal principles. The civil partnership must have irretrievably broken down, which is generally the only legal ground for dissolution.

For many couples, civil partnerships offer an attractive option that grants legal certainty and security without the societal expectations that may come with marriage.