Does A Civil Partnership Give Me The Same Rights As A Marriage?
Yes, a civil partnership can create the same legal rights for both same sex couples and opposite sex couples in England and Wales as a marriage. It should be noted that not all countries recognise a civil partnership (or same sex marriage) and so early advice should be taken, especially if there are any connections to other countries (now or likely to be in the future).
Entering into a civil partnership or a marriage are both ways to formalise a relationship and albeit mostly similar there are some differences between the two types of relationships.
A civil partnership is formed by signing the civil partnership document and there is not a requirement for words to be spoken. A marriage is formed by saying specific vows.
Ending a civil partnership
To end a civil partnership, you will need to apply to the court for a dissolution. This cannot happen in the first 12 months of a civil partnership (much like divorce). The process is very similar to a divorce in that you only have to confirm that the civil partnership has irretrievably broken down (which in practice means ticking a box). You no longer have to rely on one of five different fault based facts to support your application that the marriage had broken down irretrievably. You can apply online using the HMCTS online portal or by posting your application to HMCTS Divorce and Dissolution Service.
You can now apply jointly with your civil partner or you can make the application as a sole applicant. There is a court fee applicable, which is currently £593 (as of January 2025) which can be shared between you or paid by the applicant.
When you first submit your dissolution application, you will have to wait 20 weeks before you can apply for the conditional order, which is the first stage in the process. Then 6 weeks and 1 day later you can apply for the final order. This is the document which will replace your marriage certificate and dissolve the civil partnership.
There are various similarities in the rights available to couples in a civil partnership and those in a marriage which are briefly summarised below:
A. Financial relief
At the end of a marriage or civil partnership a financial claim can be made against your spouse or civil partner. You can make the same type of claims e.g., for a lump sum order, property adjustment order, pension sharing order etc. irrespective of whether you are married or in a civil partnership.
B. Children
Civil partners have the same rights as spouses when it comes to making applications under the Children Act 1989. It is important to note that where a surrogate is used and neither of the civil partners or spouses in the relationship are the biological parent, parental responsibility will have to be acquired by an order of the court.
C. Domestic abuse
The protection available from domestic abuse for civil partners is the same as spouses. Civil partners can apply for injunctions such as Non-Molestation Orders and Occupation Orders.
Although there are numerous similarities in the rights available to civil partners and spouses, a couple in a civil partnership cannot refer to themselves as being ‘married’ for legal purposes and an opposite sex couple cannot convert their civil partnership to a marriage, whereas a same sex couple can.
If you require further advice about your civil partnership or marriage, please get in touch with one of our family law experts on 0330 822 3451 or request a call back online.