January 2019 - Issue 6

You may have seen in the media towards the end of 2018 that Rebecca Steinfeld and Charles Keidan won their legal bid for the right to have a civil partnership instead of a marriage.  They successfully argued that the Civil Partnership Act 2004, which only applies to same sex couples, is incompatible with the European Convention on Human Rights.  But what does this mean and why would a heterosexual couple enter into a civil partnership rather than a marriage?

In 2004, same sex couples were given the right to enter into a civil partnership, which afforded the same legal claims with regard to income, capital, property and pension as a married couple in the event the relationship broke down.  In 2014, same sex couples were allowed to marry, giving them a choice between civil partnership or marriage with the legal rights upon breakdown of the relationship now identical.

Presently, heterosexual couples wanting to enter into a legally-binding relationship only have the option of marriage.  If they simply cohabit, legal rights are not as clearly defined and can lead to unjust outcomes.  Ms Steinfeld and Mr Keidan argued that heterosexual couples were being discriminated against by not having the same choice as same sex couples.  For heterosexual couples who have moral objections to marriage – often because it is considered patriarchal and proprietary (“I take thee…”) – their only option is long-term cohabitation with limited legal protection if the relationship ends.  Ms Steinfeld and Mr Keidan explained that they wanted to raise their children as equal partners and felt that a civil partnership presented a “modern symmetrical institution” affording the legal rights of marriage without the need to compromise their principles.

The Civil Partnerships, Marriages and Deaths (Registration Etc) Bill has received its second reading in the House of Lords and will now progress to committee.  Change is therefore coming fairly swiftly and it will be interesting to observe the level of take up for heterosexual civil partnerships.  Since 2014, the number of same sex civil partnerships has decreased and the number of same sex marriages has sharply increased.  It would seem that for many the romance of a marriage still appeals. 

Whether a couple is contemplating civil partnership or marriage, planning is always sensible.  Pre-civil partnership and pre-nuptial agreements are used to try and protect assets brought to the relationship and/or regularise a division of assets accumulated during the relationship in the event that the relationship should unfortunately come to an end.  If the relationship does end, a civil partnership will dissolve and a married couple will divorce.  With minor exceptions, the process for dissolution and divorce is now almost identical, as are the financial claims and methods of resolution.  It is therefore only the legality of the ceremonial aspect now awaiting an update.

Georgina Rayment

Expert
Georgina Rayment
Partner, Head of Family, Mediator