Civil Partnership Lawyers
Civil partnerships can be an effective way to protect your financial interests without the formalities of marriage.
If you're considering registering a civil partnership or, if circumstances necessitate the dissolution of your civil partnership due to a relationship breakdown, our network of civil partnership solicitors is here to help.
Contact our legal assessment team for a free case evaluation and quote today.
What is a civil partnership?
A civil partnership is a legal relationship between two unrelated individuals. Both same-sex and opposite-sex couples can now enter into a civil partnership in the UK.
Civil partnerships were introduced in 2004 to recognise and safeguard the relationships of couples who choose not to marry for personal or philosophical reasons.
Unlike marriage, which involves vows in a ceremonial setting, a civil partnership is formed by signing a legal document called a civil partnership schedule in front of a registrar and two witnesses.
When you register a civil partnership, you and your partner gain a legal status similar to marriage, granting you many of the same rights and responsibilities across various legal areas like property, inheritance, taxes, and next-of-kin arrangements.
To learn more about the differences between marriage and civil partnership, take a look at our article: Civil Partnership vs Marriage.
Who can enter into a civil partnership?
In the UK, the criteria for entering a civil partnership aim to make sure that both parties are informed and protected when entering into a legally binding relationship.
The main criteria include:
Age
Both parties must be 16 or older.
If under 18 in England, Wales, and Northern Ireland, parental consent is required unless legally emancipated. In Scotland, individuals aged 16 and over can enter without parental consent.
Marital Status
Both individuals must be single and not in another civil partnership at registration.
Consent
Both people must willingly agree to the civil partnership without pressure or coercion, understanding its implications.
Relationship
Civil partners can't be closely related, like parents and children or siblings.
Mental Capacity
Both individuals must have the mental capacity to understand the nature of a civil partnership and the consequences of entering into one.
Why choose a civil partnership over marriage?
Deciding between a civil partnership and marriage is deeply personal and should reflect your and your partner's circumstances, beliefs, values, and preferences.
Regardless, opting for a civil partnership still grants you the same legal recognition, rights, and protections as a marriage. .
How do you register for a civil partnership in the UK?
Registering for a civil partnership in the UK is generally straightforward, but it's important to be sure you meet all legal requirements with your partner. Although procedures may differ slightly in England, Wales, Scotland, and Northern Ireland due to varying legal systems, the general process is as follows:
Check Eligibility
First, ensure that you and your partner meet the eligibility criteria for entering into a civil partnership.
Choose a Venue
Decide where you want to register your civil partnership. This can be at a local register office or any approved venue in your area.
Different rules may apply if you register your civil partnership in Scotland.
Give Notice
Give notice of your intent to form a civil partnership at your local register office.
This involves attending an appointment and providing certain documents, such as proof of identity, age, nationality, and marital status (such as a divorce decree if previously married).
There is a fee for giving notice which is normally £35 per person, or £70 per couple.
This notice is publicly displayed at the register office for 28 days.
Wait for the Clearance Period
After giving notice, you must wait for 28 days in England, Wales, and Northern Ireland, or 29 days in Scotland.
This waiting period allows for any objections to be made.
If there are no objections and all legal requirements are met, you will be given a 'civil partnership schedule' in Scotland or a 'civil partnership document.'
Sign the Civil Partnership Document
You and your partner must sign the civil partnership document in the presence of two witnesses and a registrar.
This can be done at a simple appointment or as part of a ceremony if you wish.
The location where this signing takes place must be the one you named when you gave notice.
Official Registration
Once the document is signed, your civil partnership is officially registered. Congratulations!
You can then get a civil partnership certificate. This is a legal document that proves your relationship.
What are my rights in a civil partnership?
Entering into a civil partnership provides you and your partner with legal rights similar to marriage. These rights are designed to offer you both protection and security.
Property and finances
In a civil partnership, both partners have legal rights concerning the family home, regardless of who is listed as the property owner on the title deeds. This includes protection from being forced to leave, and considerations regarding the division of property if the civil partnership is dissolved.
Additionally, civil partners are entitled to seek financial assistance from one another during the partnership and in the event of its dissolution. Such support may involve regular maintenance payments or lump sum orders, depending on the circumstances.
Inheritance rights
In the absence of a will, a civil partner has the legal right to inherit from their partner's estate according to the rules of intestacy.
They are also exempt from paying inheritance tax on any part of the estate they inherit from their civil partner.
Additionally, they hold entitlement to survivor pensions, allowing them to receive pension benefits upon the death of their partner, subject to the same conditions as married couples.
Tax
Civil partners enjoy identical tax allowances and relief as married couples, including income tax, capital gains tax, and potentially other tax advantages.
Civil partners are also entitled to equivalent employment benefits as spouses, such as maternity or paternity leave, parental leave, and bereavement leave. Additionally, civil partners can attain parental responsibility for their partner's child or children.
Is a civil partnership cheaper than getting married?
The expenses associated with a civil partnership versus marriage can vary based on things like the choice of venue, ceremony size, and additional services.
However, when considering the essential legal processes required to establish each relationship, the costs are generally comparable.
Both marriage and civil partnership necessitate giving notice at the local register office, typically costing £70 per couple. The difference in costs arises primarily from the ceremony. Initially designed as a civil arrangement, civil partnerships may not require a ceremony. So, if a couple opts out of a ceremony, the costs could be lower compared to a traditional wedding ceremony.
Since religious ceremonies are not permitted in civil partnerships, venue options include register offices or council-approved locations such as stately homes or hotels.
However, civil partnerships and marriages may incur additional expenses if celebrations like blessings, receptions, or parties are chosen.
Can I have a religious ceremony in a civil partnership?
When civil partnerships were introduced in the UK, religious elements were explicitly prohibited from the registration process, making it a strictly non-religious event.
While civil ceremonies allow for readings, songs, or music, they cannot incorporate religious components like hymns or readings from religious texts such as the Bible or the Torah. However, couples can opt for a religious blessing of their partnership following a civil ceremony.
Fortunately, recent legal adjustments have opened the possibility for civil ceremonies to occur in registered religious buildings. However, it's important to confirm with the venue that they can host a civil partnership ceremony before selecting them as your official venue.
Can a civil partnership be converted into a marriage?
If you are in an opposite-sex civil partnership, it's not possible to convert it into a marriage.
However, if you are in a same-sex civil partnership, you can convert it into a marriage.
To do this, you should contact your local register office or a religious or approved venue where same-sex marriages are conducted to express your intention to convert your civil partnership into a marriage.
There are some costs involved. You will have to pay:
£11 for a marriage certificate
£45 to convert your civil partnership
£27 for an appointment, if you have a ceremony too.
Of course, as always, the cost of the ceremony will vary by venue.
To proceed, you'll need to sign a 'conversion into marriage' declaration with a superintendent registrar at the register office, presenting your original civil partnership certificate and valid identification.
Once the declaration is signed (and any ceremony completed), the conversion is registered, and you'll receive a marriage certificate. This certificate replaces the civil partnership certificate, legally recognising you as married.