When it comes to formalising your relationship, marriage has always been the traditional option. However, over the past few years, civil partnerships have become an increasingly popular choice for couples who want legal recognition of their relationship but do not wish to get married. If you are in a relationship with someone of the opposite sex, you might wonder, “Can I enter a civil partnership with my partner?” The short answer, as of today in the UK, is yes, you can.
In this article, you will learn exactly what a civil partnership is, how it differs from marriage, why some couples prefer this route, and what steps you need to take if you decide a civil partnership is right for you. Whether you are exploring your options or ready to take the next step, this guide will give you all the essential information you need.
What is a Civil Partnership?
A civil partnership is a legal relationship, similar to marriage, that gives you and your partner legal rights and responsibilities. Civil partnerships were first introduced in the UK in 2004 under the Civil Partnership Act. Originally, this law was created to allow same-sex couples to gain legal recognition for their relationships at a time when marriage was only open to opposite-sex couples.
However, the law has since changed. After a lengthy legal and social campaign, the rules were amended, and since 2 December 2019, opposite-sex couples in England and Wales can also form civil partnerships. This means that no matter your gender, you and your partner have the choice between getting married or registering a civil partnership.
Why Choose a Civil Partnership Over Marriage?
You may be wondering why some couples, both same-sex and opposite-sex, might prefer a civil partnership over a traditional marriage. Here are some common reasons people choose this path:
1. Avoiding Religious or Traditional Associations
For many, marriage carries religious, historical, or cultural meanings that may not feel appropriate. You or your partner may not identify with a particular religion, or you might have personal reasons for wanting to avoid the traditional label of “married.”
Civil partnerships are entirely secular. The registration ceremony is straightforward—there are no vows or spoken words required. You simply sign the civil partnership document, and your partnership is legally recognised.
2. Equality and Modern Values
Some couples feel that marriage comes with old-fashioned or “patriarchal baggage.” A civil partnership can feel like a more modern, equal way to formalise your commitment.
3. Legal Rights Without “Marriage”
A civil partnership gives you almost all the same legal rights as marriage—such as inheritance, tax benefits, parental responsibility, pension rights, and next-of-kin status—without being called “husband” and “wife.” Instead, you will be known as “civil partners.”
4. Previous Marriages or Personal Circumstances
If you or your partner have been married before and would prefer not to marry again, a civil partnership offers an alternative way to secure legal recognition for your relationship.
How is a Civil Partnership Different from Marriage?
Although civil partnerships and marriages are very similar in terms of the legal rights they give you, there are some key differences:
Ceremony
- Marriage: Usually involves a ceremony with spoken vows. It can be religious or civil.
- Civil Partnership: There is no requirement for vows or even a ceremony. You simply sign the civil partnership schedule in front of witnesses and a registrar.
Legal Terminology
- Marriage: You become “husband” and “wife.”
- Civil Partnership: You are both “civil partners.”
Ending the Relationship
- Marriage: Ends with a divorce (the legal process is called “divorce,” and you receive a “decree absolute”).
- Civil Partnership: Ends with a “dissolution” (not called a divorce), and you receive a “dissolution order.”
Grounds for Ending
- Marriage: Can end for reasons including adultery, unreasonable behaviour, separation, or desertion.
- Civil Partnership: Can be dissolved for unreasonable behaviour, separation, or desertion. Adultery (in the traditional sense) is not a ground for dissolution.
Overseas Recognition
- Marriage: Generally recognised around the world, although there are exceptions.
- Civil Partnership: Not all countries recognise civil partnerships, especially for opposite-sex couples. If you plan to live or work abroad, check the laws in your destination country.
What Rights Do Civil Partners Have?
When you register a civil partnership, you and your partner gain almost the same legal rights as married couples. These include:
- Inheritance Rights: If your partner dies without a will, you may inherit their estate.
- Tax Benefits: You can transfer assets between each other without paying inheritance tax.
- Parental Responsibility: If you have children together, you both may gain parental responsibility.
- Pension Rights: Civil partners have the right to survivor pensions in most workplace schemes.
- Next-of-Kin Status: You can make medical decisions for your partner if they are unable to do so.
- Tenancy Rights: You have rights to live in your partner’s rented home if they pass away or move out.
- Social Security Benefits: You are recognised as a couple for benefits and state pension purposes.
How Do You Register a Civil Partnership?
If you are considering a civil partnership, here are the steps you need to follow:
1. Give Notice
You and your partner must give notice of your intention to register a civil partnership at your local register office. You must have lived in the registration district for at least seven days before giving notice. Notice must be given in person (not online or by post).
2. Wait for the Notice Period
There is a 28-day waiting period after giving notice. This gives time for anyone to object to the partnership.
3. Registration
After the waiting period, you can register your civil partnership. This must be done within one year of giving notice. The registration usually takes place at a register office or approved venue.
4. Witnesses and Registrar
You need at least two witnesses and a registrar present when you sign the civil partnership schedule.
5. Certificate
After registering, you will receive a civil partnership certificate, which proves your legal status as civil partners.
Who Can Enter a Civil Partnership?
You can form a civil partnership in England and Wales if:
- Both partners are over 16 (with parental consent if under 18)
- Neither partner is already married or in a civil partnership
- You are not closely related to your partner (as defined by law)
- You both give notice in person at your local register office
The same rules apply to opposite-sex and same-sex couples.
Civil Partnerships Across the UK
- England and Wales: Opposite-sex and same-sex couples can register a civil partnership.
- Scotland: As of June 2021, opposite-sex civil partnerships are also allowed.
- Northern Ireland: The law was changed in 2020 to allow opposite-sex civil partnerships.
If you live in another part of the UK, make sure to check the latest rules with your local authorities.
Civil Partnership or Cohabitation?
If you don’t want to marry or enter a civil partnership, you might consider simply living together (cohabitation). Many couples choose this option, but it is important to understand that cohabiting couples do not have the same legal rights as those who are married or in a civil partnership.
Even if you have lived together for many years, you are not automatically entitled to each other’s property, inheritance, or pensions if your relationship ends or if your partner dies. To protect yourselves, you may want to make a cohabitation agreement and ensure that you both have up-to-date wills. However, these do not provide as much security as a marriage or civil partnership.
Frequently Asked Questions
Can I convert my marriage into a civil partnership, or vice versa?
In most cases, you cannot directly convert a marriage into a civil partnership or the other way around in the UK. You would need to end your current legal relationship and then register for the new one.
Can I have a religious civil partnership ceremony?
Civil partnerships are intended to be secular. Some venues may allow certain personal touches, but they do not include religious content.
Can foreign nationals enter a civil partnership in the UK?
Yes, but you may need to provide extra documentation or attend an interview if you or your partner are from outside the UK.
Is there any difference in legal rights for children between marriage and civil partnership?
No, both forms of legal relationship offer the same rights and responsibilities regarding children.
Summary
To answer the original question: Yes, you can enter a civil partnership with an opposite-sex partner in the UK. This option has been available since December 2019 in England and Wales, and similar changes have followed in Scotland and Northern Ireland. Civil partnerships offer almost all the legal rights of marriage without the traditional or religious connotations. The process is straightforward, and the decision is entirely yours.
If you and your partner want legal security but do not wish to marry, a civil partnership could be the ideal solution. Always consider your personal beliefs, values, and practical needs before making your decision. If you need advice tailored to your situation, speak to your local register office or a family law solicitor.
