Why would a straight couple want a civil partnership?

Civil partnerships vs. marriage

When it was first introduced, the Civil Partnership Act 2004 was devised to provide same-sex couples a path to creating a legally binding partnership akin to marriage. It provided the same legal recognition, protections and rights as a marriage, without the need for a ceremony.

At the time, it was not possible for same-sex couples to marry, though this changed in March 2014 following the introduction of the Marriage (Same Sex Couples) Act 2013.

It was not until 31st December 2019 that legislation for civil partnerships in England and Wales was extended to include opposite-sex couples.

The decision followed a Supreme Court ruling in 2018 in a case brought by Rebecca Steinfeld and Charles Keidan, who argued that their human rights were breached by the ban on opposite-sex couples entering civil partnerships. The Supreme Court ruled that the ban amounted to discrimination, stating that the Civil Partnership Act 2004 was incompatible with the European Convention on Human Rights.

During their legal case, Steinfeld and Keidan stated that they wanted a civil partnership as they felt the institution of marriage was patriarchal and sexist. Other campaigners also voiced several different reasons why couples may prefer a civil partnership, including a wish for a more secular union.

What’s the difference between a civil partnership and marriage?

While civil partnerships and marriage offer the same legal rights and responsibilities in the UK, there are differences between the two approaches.

In a marriage, vows are exchanged, typically during a ceremony in front of family, friends and loved ones that can be religious or civil. Vows must meet a minimum legal requirement to include a declaration that there is no ‘lawful impediment’ to the marriage and contracting words accepting the other person as their lawful spouse. The couple must also sign a marriage schedule and, in the event the marriage later breaks down, a divorce would be required to legally end the union.

A civil partnership, on the other hand, doesn’t have to involve a ceremony (though couples can opt for a civil ceremony if they wish) and is formed by signing a civil partnership schedule. There is also no religious component to a civil partnership, and there are no legal requirements for vows to be spoken. If a couple in a civil partnership wish to end their union, they will need to seek a dissolution rather than a divorce.

Why would straight couples want a civil partnership instead of a marriage?

Civil partnerships are an increasingly popular option for opposite-sex couples. In 2022 alone, the Office for National Statistics reported that of the 6,879 civil partnerships registered in England and Wales, 5,760 were opposite-sex couples – equating to almost 84 per cent.

There are several reasons a couple may choose a civil partnership over a marriage. A traditional marriage carries the expectation of a large ceremony and vows, while a civil partnership provides all the same legal protection without the same expectations.

A marriage also carries a religious connotation for some, and a civil partnership can offer a way of gaining the same legal rights without compromising anyone’s beliefs. For others, like Steinfeld and Keidan, marriage comes with many historical expectations that they may not agree with.

Ultimately, the choice between a marriage and a civil partnership is a very personal one, and only you and your partner can determine which works best for you.

Are there any disadvantages to choosing a civil partnership over a marriage?

While a civil partnership can provide a fantastic alternative to marriage for some couples, it is important to be aware of the limitations they can bring. Two of the most important drawbacks to consider are:

• There is a limited international recognition of civil partnerships: while civil partnerships carry the same legal weight and rights as marriage in the UK, this is not necessarily true elsewhere in the world. If you were planning to move abroad, a civil partnership may not carry the same legal rights or even be recognised.
• There is no option for a religious ceremony in a civil partnership: this is an important benefit for some but can be a sticking point for others. If a religious ceremony is important to you, a civil partnership may not be the answer.

Considering a civil partnership? We’re here to help you take the next step

It may not seem the most romantic thought, but entering a civil partnership is ultimately a legal process, and getting the right legal advice and guidance can provide you and your partner with security and peace of mind.

Whether you are looking to enter a civil partnership, need help dissolving one, or would like legal advice on handling issues like asset ownership, childcare and financial agreements before you move forward, our industry-leading team is here to help.

For award-winning legal advice tailored to you, speak to us today on 0330 041 5869 or get in touch online.

*all information was correct at the time of publication.