Civil partnerships were introduced in 2004, allowing same sex couples to enjoy the same rights and responsibilities as married couples. However, despite the legalisation of same sex marriages, the Civil Partnership Act was not repealed. It was therefore open for same sex couples to choose between entering either a civil partnership or a marriage.
Following campaigning for equality, a Bill was passed in 2019 to allow opposite sex couples to enter into a civil partnership which now also gives them the ability to choose between marriage or civil partnership.
With over 222,000 couples in Civil Partnerships in the UK and more than 3 million cohabiting couples, the extension of civil partnerships could have an impact on these numbers, as cohabiting couples may be more inclined to enter into a civil partnership as opposed to a marriage.
Differences between Civil Partnership and Marriage
Civil partnerships and marriages, while offering similar legal protections and responsibilities, have notable differences in their formation, recognition, and cultural significance. One of the primary distinctions lies in how each is formed. Marriage typically requires a formal ceremony, which can be religious or civil, and involves the exchange of vows. In contrast, a civil partnership is established by signing a legal document in the presence of a registrar and witnesses, without the need for a ceremony or vows.
The terminology used also marks a significant difference between the two. In a marriage, individuals are commonly referred to as “husband” and “wife” or, in a gender-neutral context, as “spouses.” However, in a civil partnership, the individuals are simply called “partners,” which reflects the more neutral and secular nature of this union.
While marriages can hold deep religious or cultural significance, civil partnerships are devoid of religious connotations, having been introduced primarily as a legal mechanism to provide same-sex couples with similar rights to those of married couples before same-sex marriage was widely legalised. However, it should be recognised that it is still possible for heterosexual couple to enter into a civil partnership rather than a marriage, should they wish to have their relationship legally recognised, but without the confines of marriage.
Both civil partnerships and marriages confer many of the same legal rights, such as inheritance rights, tax benefits, income tax allowances like the Marriage Allowance, pension entitlements, and parental responsibilities. However, some particularities still exist, especially with regard to international recognition. Whilst marriages are widely recognised across the globe, regardless of where they were performed, civil partnerships may not be recognised in countries that still only legally accept marriage or prohibit same-sex relationships.
Equally, in terms of adoption and parental rights, both civil partners and married couples will enjoy similar rights in many jurisdictions, though some regions may have nuances in how parental responsibilities are assigned, especially regarding non-biological children.
Social and cultural perceptions further differentiate the two. Marriage is often regarded as a longstanding institution with deep cultural and religious roots, while civil partnerships are seen as more modern, secular arrangements that may not carry the same level of social recognition in some communities.
Dissolution processes also differ in terms of how they are referred to. The end of a marriage is called a divorce, whereas the equivalent process for ending a civil partnership is called dissolution. As with a no-fault divorce, under UK law, dissolving a civil partnership no longer requires relying on any grounds (or facts) It simply needs to be established that the union has irretrievably broken down.
Dissolving a Civil Partnership
The process of dissolving a civil partnership is largely comparable to that of divorce. Both processes sever legal ties between a couple following the irretrievable breakdown of the relationship, however, since the introduction of the no-fault divorce system in the UK in April 2022, there is no need to apportion blame or provide a reason for the separation.
This legal alignment aims to reduce the emotional strain associated with ending a relationship, allowing individuals to navigate the dissolution process with greater ease and clarity.
For those in Civil Partnerships, the steps are as follows:
- Eligibility to apply for Dissolution: To apply for the dissolution of a civil partnership, at least one partner must have lived in the UK for the past year, or the civil partnership must have been registered in the UK.
- Grounds for Dissolution: Under the no-fault divorce legislation, the applicant simply needs to establish that the relationship has irretrievably broken down. There is no longer
any requirement to provide specific details or evidence of fault; they only need to state that the relationship has ended.
- Filing the Application: In 2020, the Divorce, Dissolution and Separation Act gave couples the option to apply jointly or individually to end a civil partnership. When two people submit an application jointly, they are both considered applicants and are called Applicant 1 and Applicant 2. The process begins with at least one applicant filing a dissolution application with the court. This can be done online or via a paper application. Required documents include:
− A completed application form (form D8)
− A fee (the amount at the time of writing is £593, though it is subject to change, so it’s advisable to check the current fees as and when needed)
− A copy of the civil partnership certificate
- Serving the Application: Applicant 1 (if applying jointly) or the sole applicant, will serve the application on the other partner (the respondent). If it is a joint application, applicant 2 will be sent a copy of the application for approval first. The respondent/applicant 2 must then complete an acknowledgment of service form (Form CP11) and return it to the court.
- Acknowledgment of Service: The respondent/applicant 2 has a specified period (usually 14 days) to acknowledge receipt of the application. If a solo application, the respondent can either accept the dissolution or contest any aspect of it, though contesting the dissolution itself is rare under the no-fault system.
- Conditional Order: If there is no contest the dissolution, the next step is to apply for a conditional order, which indicates the court’s preliminary agreement to dissolve the civil partnership. The application must include a statement confirming the breakdown of the partnership and the acknowledgment of service from the respondent.
- Final Order: After the conditional order is granted, there is a waiting period of at least 6 weeks before the applicant(s) can apply for the final order, which officially ends the civil partnership. The application for the final order must be submitted to the court.
- Financial Arrangements: Throughout the dissolution process, it is crucial to address any financial arrangements, such as the division of assets, debts, and maintenance agreements. It is strongly advised that financial matters are dealt with in tandem with the dissolution process and prior to the finalisation of the dissolution process to ensure protection of rights. Couples may attempt mediation or take legal advice to ensure a fair settlement. It is strongly advisable to take legal advice on potential financial claims and any proposed settlement.
A minimum of 20 weeks must pass between the beginning of the proceedings (when the court issues the application) and the applicant or applicants’ ability to request a Conditional Order (the document attesting to the irretrievable breakdown of the civil partnership).
The applicant has six weeks and one day from the date of the conditional order to apply for the “final order,” which is the legal instrument that ends the civil partnership. The respondent may apply after three more months if the applicant does not. The completed order should be stored in a secure location because it is an important document.
How much does it cost to dissolve a civil partnership?
You can apply for a dissolution by filling out the D8 dissolution application form, which can be done on paper or through the digital service. The application costs £593. You may be able to fill out the EX160 form and receive a fee exemption if you have a modest income. Additionally, if domestic abuse has occurred in your relationship, you could be eligible for legal aid.
Joint applicants are required to reach a consensus over the payment of the £593 charge. Forms for fee exemptions can only be utilised in situations when both applicants have modest incomes or little to no savings and get specific benefits.
Furthermore, a D36 form, which costs £45/£155, will need to be submitted in order to apply for a Final Order. Again, in cases of a low income, receiving an exemption to pay the fee may be possible by completing a EX160 form.
Resolving financial claims or issues concerning the arrangements for children will be charged for according to whether legal advice is taken, mediation attempted or both. It is recommended to take specialist legal advice on your position in relation to these matters and the costs will be discussed on a case by case basis.
