If partners wish to have legal rights as a couple, such as being entitled to each other’s assets and estate in the event of a separation or one partner’s death, then they will need to be either married or civil partners.
Marriages and civil partnerships are the two routes couples can take in order to make their relationship legally recognised. But, what are the differences between the two? If anything, there are actually more similarities between the two than differences - keep reading to learn more.
Entering a Marriage vs Civil Partnership
In terms of the legal rights you have as a couple, marriage and civil partnerships fundamentally offer the same rights and responsibilities in the eyes of the law. With that said, the way you go about forming each union is different.
For a marriage to be legally recognised, you and your partner must declare vows to one another and sign a marriage schedule. Essentially, this is a verbal contract made between a couple, which is then confirmed by the signing of the marriage schedule.
In comparison, a civil partnership is essentially a written contract between a couple. To become civil partners, you must sign a civil partnership schedule - no verbal agreements legally need to be made.
Both the signing of marriage schedules and civil partnership schedules must take place in front of a registrar and two witnesses.
Ending a Marriage vs Civil Partnership
If you and your partner wish to separate, then there are different ways of doing so depending on whether you’re married or in a civil partnership.
Firstly, there are only two ways that a marriage or a civil partnership can be ended:
Through legal separation
Through the death of a partner
In terms of legally separating, to end a marriage you must apply for a divorce, whilst to end a civil partnership you must apply for a dissolution. Although the terminology is different, the process for each of these is the same.
Why Have a Civil Partnership?
Now that you can see how similar marriages and civil partnerships actually are, rather than different, why might a couple choose to have a civil partnership over a marriage?
Historically, same-sex couples would become civil partners, as this was the only way they could have their relationship legally recognised and come with legal rights before the law changed in 2014, when same-sex partners were allowed to marry.
In fact, when civil partnerships were first introduced, back in 2004, it was only same-sex couples that were allowed to enter them. The law regarding this also changed, with all couples (regardless of sex) now being allowed to enter a civil partnership, as of 2019.
Nowadays, it is a personal choice for individual couples to decide whether they wish to enter a marriage or civil partnership. It’s becoming increasingly common for couples to choose to become civil partners, as they may disagree with the tradition and social and/or religious connotations of marriage, thus a civil partnership offers them legal rights as a couple without having to have a marriage ceremony.
Get in Touch
If you’d like to seek advice regarding legal separation, whether that be a divorce or dissolution, or would like to discuss any other area of family law with a professional, then our expert solicitors can help here at Mark Redler Solicitors.
Get in touch with us today to arrange your consultation.
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