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In recent years, the UK has seen major changes in how relationships are legally recognised. Marriage has long been the traditional route for couples, but since 2004, civil partnerships have offered a modern alternative, initially for same-sex couples and now available to opposite-sex couples too (as of 2019).
With both options on the table, understanding the difference between marriage and civil partnership is more important than ever, especially if you’re thinking about your rights, responsibilities, or how to end the relationship if things change.
“Knowing the legal difference between marriage and civil partnership helps people make informed and confident decisions.” – Lucy Hart, Family Lawyer
A civil partnership is a legal relationship that gives couples many of the same rights and protections as marriage. It was introduced under the Civil Partnership Act 2004, originally for same-sex couples, but following a 2018 Supreme Court ruling, it’s now open to opposite-sex couples as well.
Unlike marriage, there’s no need for a ceremony. A civil partnership is formed simply by signing a legal document in front of witnesses. Despite this, many couples still choose to celebrate the occasion in their own way.
In legal terms, civil partners have nearly all the same rights as married couples. This includes rights around property, inheritance, pensions, tax benefits and parental responsibilities. However, there are small but important differences in the legal language and the process of ending the relationship.
If you’re married and things don’t work out, the formal way to end the marriage is through divorce. Since April 2022, the UK’s no-fault divorce system allows couples to separate without blaming each other. This makes the process simpler and less stressful.
To get a divorce, you must have been married for at least one year. You (or your partner, or both of you jointly) apply to the court. After a 20-week reflection period, a conditional order is granted, followed by a final order six weeks later. This legally ends the marriage.
There’s no longer a need to list reasons such as adultery or unreasonable behaviour, making the process more focused on resolution than conflict.
When civil partners separate, the legal process is called dissolution, not divorce. The steps are very similar to divorce under the no-fault system. You can apply alone or together, and after a 20-week wait, a conditional order is issued, followed by a final dissolution order to end the partnership.
One key legal distinction is that adultery is not accepted as a reason to dissolve a civil partnership. That’s because, legally, adultery is defined in a way that only applies to married couples. Instead, past grounds included unreasonable behaviour or separation, but under the no-fault system, these details are no longer needed.
These subtle legal differences highlight the difference between marriage and civil partnership, even though the overall protections are nearly the same.
For clients, understanding the difference between marriage and civil partnership means understanding your rights at every stage, from entering the relationship to potentially ending it. While both options provide strong legal protection, the procedures and terminology can differ in meaningful ways.
“Understanding your legal rights in a marriage or civil partnership is key to making informed choices about your future.” – Lucy Hart, family Lawyer
Whether you’re planning to formalise your relationship or are considering your options after a separation, it’s worth speaking to us to understand how the law applies to your unique situation.
By learning the difference between marriage and civil partnership, you can make confident, informed choices about your future.
With years of experience in family law, a deep understanding of LGBTQIA+ issues, and a commitment to compassionate advocacy, Sinclair Law is here to help you navigate even the most complex family law matters. Take the first step today by booking your free 30-minute consultation. Together, we’ll navigate your family law matters with expertise, care and understanding.