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What’s the difference between marriages and civil partnerships?
No-fault divorce was introduced in England and Wales on the 6th of April 2022 which removes the need to choose one of the five facts to support the 'irretrievable' breakdown of a marriage. All the information below is applicable to the previous system, and divorces that were issued before the 6th of April 2022.
You can read more about this change in our no-fault divorce guide.
In June 2018, the news covered a couple who successfully won a case against the Supreme Court which allows them to enter into a civil partnership rather than getting married. This sparked the question for a lot of couples, ‘What’s the difference between marriage and entering into a civil partnership?’.
We’ve listed some of the top differences below and we have also got a blog which discusses the key differences between divorce and dissolution which you can read here.
Here are some key differences between marriage and entering into a civil partnership:
|
Marriage |
Civil partnership |
|---|---|
|
Same-sex couples and heterosexual couples can get married |
Only same-sex couples can currently enter into a civil partnership (although this will likely change due to a recent Supreme Court case) |
|
The wedding ceremony must be carried out in a registered venue |
There is no requirement for a ceremony to take place |
|
Vows must be exchanged to formalise the marriage. The marriage register must be signed by both of you, your two witnesses and the registrar. |
A document, signed in front of two witnesses and a registrar, formalises the civil partnership. The document must be registered. |
|
Marriage certificates require the name and profession of the father only |
Both parents’ names are required for the civil partnership certificate |
|
Marriage is a globally recognised institution |
There are some countries that do not recognise civil partnerships |
|
You can annul a marriage if it was not consummated (you haven’t had sex with the person you married since the wedding (this doesn't apply for same-sex couples)) |
Consummation is not a legal requirement of civil partnerships |
|
Adultery is accepted as a ground for divorce (but only if the person has had sex with someone of the opposite sex) |
You cannot use adultery as a reason to dissolve the civil partnership. |
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You can opt for a religious or civil ceremony |
The only option is a civil ceremony |
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If the couple divorces, it's ended by a final order (previously called the decree absolute) |
If civil partners legally separate, it’s ended by a dissolution order |
|
Traditionally seen as a religious ceremony |
Free of religious connotations |
A common question is ‘Do civil partners have the same rights as married couples?’. In short, yes, married couples have the same property rights and the same exemptions on inheritance tax, social security and pension benefits as civil partners.
For more information, head to our blog or book a call with an amicable divorce expert.
Read More
The process is the same for civil partners, so all references to divorce apply equally to dissolving a civil partnership.
In this episode, Kate was joined by Joe & Kate Sharp, two amicable customers, to share their divorce story.
We’ve launched our friends and family campaign to help shift the social narrative from divorce being a damaging event, where taking sides is inevitable, to something that can be achieved amicably with children’s best interests and our own mental health at heart.
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Speak to an amicable Divorce Specialist to understand your options and next steps for untying the knot, amicably.
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