20 years of civil partnerships
In this article, Partner and Head of Family Law, Noelle Heath, looks at key developments in civil partnerships over the last 20 years. The piece delves into the similarities and differences between marriage and civil partnerships, same-sex and opposite-sex civil partnerships and things for civil partners to consider when travelling abroad.
This year marks the 20th anniversary of the Civil Partnership Act 2004 which came into effect on 5 December 2005. The first civil partnership registration took place on that same day. In 2022, 6,879 Civil Partnerships ceremonies took place in England and Wales.
Civil Partnerships were intended to give legal recognition to same-sex couples and provide them with the same protections and rights as a married couple. Less than a decade later in 2014 same sex marriage was legalised. In 2018, a high-profile case led to the Supreme Court concluding that the absence of heterosexual civil partnerships was incompatible with the European Convention on Human Rights. This led to the introduction of Civil Partnerships for opposite sex couples in 2019.
Although civil partnerships and marriages are often described as legally identical, some differences remain, especially in the dissolution of a civil partnership and cases which involve an international connection.
England and Wales grant civil partners the same rights as married couples in inheritance, social security, and financial claims upon dissolution. With the introduction of a “no-fault” divorce in 2022, a similar system for the dissolution of civil partnerships was also introduced. This removed the last remaining difference between divorce and dissolution (by way of example, adultery had previously been a ground for divorce but not a ground for the dissolution of a same sex civil partnership).
However, a key inconsistency remains: Same-sex civil partners can choose to convert their partnership into a marriage, while opposite-sex civil partners cannot. Whilst this might be seen as a minor issue, it does create an impossible challenge for opposite-sex civil partners who wish to marry. They would need to firstly dissolve their civil partnership by signing a statement of truth that their partnership has irretrievably broken down.
International recognition of civil partnerships varies widely. Even in countries where civil partnerships are acknowledged, the legal rights and protections can differ greatly from those in England and Wales. Civil partners who travel frequently or have international connections need to be aware of certain possibilities. Some countries do not recognise civil partnerships, and cohabitation outside of marriage may be criminalised. Civil partnerships may be recognised only for same sex couples and civil partnerships may be recognised but carry limited rights or rights which differ from those to which they are accustomed to in England and Wales. If civil partners have a connection with a foreign country, this can create some challenges.
To divorce or dissolve a civil partnership in England and Wales at least one party must be resident or domiciled in England and Wales. Same-sex civil partners have an exception allowing dissolution in the UK under certain circumstances, but opposite-sex couples do not. This means opposite-sex couples who move abroad may struggle to formally end their partnership if they lose their connection to this jurisdiction and their new country does not recognise civil partnerships. In a country that does not recognise civil partnerships, options will be limited unless they can return to England and Wales for the necessary amount of time to regain jurisdiction.
If dissolution is possible abroad but offers little financial protection, the financially weaker partner may face hardship.
If you would like advice regarding civil partnerships, or any of our other services, get in touch with our experienced family law team. Call 033 3344 9600 or email [email protected].
Author: Noelle Heath, family law.
