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Civil Partnerships

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Up until 2004 same sex couples had little rights in order to formalise their relationships.  Civil Partnerships were therefore created in 2004 to give same sex couples similar legal and financial protection to a married couple.  Marriage at that time was not available for same sex couples.

The Marriage Act 2013

In 2013 the Marriage (Same Sex Couples) Act 2013 legalised same sex marriage in England and Wales.  Therefore same sex couples could make a decision as to whether they wish to enter into a Civil Partnership or whether they wish to marry. The same rights were not afforded to mixed sex couples.

Same sex marriage has been available since 2014. The first marriage of same sex couples took place on 29 March 2014. Same sex couples who married abroad under a foreign law, who were consequently treated as civil partners in England and Wales are now recognised as being married in England and Wales. A same sex marriage is conducted in a civil ceremony. Religious organisations can opt into marrying same sex couples. 

Until 31 December 2019, Civil Partnerships were only available to same sex couples. Opposite sex couples can now enter into a Civil Partnership as an alternative to marriage but affording the same financial protection as married couples.

Cohabitating couples

According to the Office of National Statistics there were 19.5 million families in the UK of which 18 % were cohabiting couples: opposite sex couples accounted for 17%. This is a significant increase on the 3.3 million cohabiting couples in 2018. Cohabiting couples do not possess the same rights or protection as married couples.

Whilst the protection for marriage and civil partnerships is almost identical, there are some differences which will need to be considered within the legislation. The family solicitors at Johnson Astills are able to advise you about your rights. 

Should you require any further information in respect of Civil Partnerships and the rights available to you please do not hesitate to contact one of the Family Team at familyteam@johnsonastills.com, who would only be happy to have a fixed fee appointment with you.