Same-sex partners have been able to enter into a civil partnership since 2004. At the time, civil partnerships were introduced as an option for same-sex partners who were then not allowed to marry. Same-sex partners have been able to enter into a marriage since 2014. It is also possible for civil partnerships to be converted into a marriage.
A recent court judgment has found that it is discriminatory for heterosexual couples to not have the option of entering into a civil partnership. Whilst the judgment does not change the law, it is hoped that the law will be changed to address this discrepancy and heterosexual couples will soon be able to enter into civil partnerships.
But what are the differences between a civil partnership and a marriage?
As the law stands, it is possible for couples in a marriage to divorce on the basis of adultery but it is not possible for those in a civil partnership to dissolve the partnership on the basis of adultery. The other bases for divorce/dissolution remain the same. It is unclear why civil partners cannot rely on adultery, but it is thought to stem from the fact that adultery is defined as sexual intercourse between members of the opposite sex. Parliament seemingly did not adopt a liberal understanding at the time that parties in a civil partnership may choose to have sexual intercourse with members of the opposite sex. Adultery cannot be relied upon in divorce where a party has had a sexual relationship with a member of the same sex, but it does seem unfair that a heterosexual person’s extra-marital relationship, whether with a person of the same sex or not, is not sufficient for the court to accept that the relationship has broken down.
There is no requirement for parties to a civil partnership to have a ceremony or exchange vows, as the partnership can be entered into simply by signing a civil partnership document. That is not possible for parties who wish to enter into a marriage, where there must be an exchange of words at a religious or civil ceremony.
A marriage certificate details the names and occupations of the parties’ fathers. It does not refer to the mothers. Civil partnership certificates include the names of both of the parents to the marriage.
Marriage is recognised world-wide. Civil partnerships are unique and may not be recognised in other countries. Advice should be taken by parties in or wishing to enter into a civil partnership before moving or buying assets abroad.
Previously, pension schemes were only obliged to take into account service from 5 December 2005 when calculating survivors’ benefits for same sex married couples or civil partners. Happily, that is no longer the case in relation to private sector pensions, and heterosexual and homosexual married or civil partners must now be treated equally.
There remains, however, a discrimination issue in relation to public sector pensions, in that a survivor’s pension is paid to a surviving spouse or civil partner based on member’s contributions during their service back to 1988. However, contributions will be considered back to 1978 where a woman is the surviving partner of a man. This results in situations where the surviving male partner of a man or woman will receive less than a surviving female partner of a man. Whilst this outcome has been challenged in the courts, to date the discriminatory discrepancy has not been rectified.