Civil Partnership vs Marriage in England and Wales

Contrary to what many people understand, civil partnerships offer the same core legal rights and responsibilities as marriage, including financial, property, inheritance, and parental rights. They also provide next-of-kin status, ensuring that a partner can make decisions in medical or emergency situations. In this article, we will discuss the similarities and differences between civil partnership and marriage in England and Wales.

What is a civil partnership in England and Wales?

A civil partnership in England and Wales is a legally recognised relationship created when a couple signs a civil partnership schedule in the presence of witnesses and a registrar. Civil partnership was first introduced in 2004 for same-sex couples, before marriage equality was extended in 2013 under the Marriage (Same Sex Couples) Act 2013. Since then, both same-sex and opposite-sex couples have been able to enter into a civil partnership or marriage. 

Many couples choose to enter into a civil partnership because of its secular nature - i.e. it is non-religious. Civil partnerships do not require vows, religious words, or ceremonies, just the legal signing of documents. This has led some couples to see civil partnership as a modern, straightforward alternative to marriage.

What is a marriage in England and Wales?

Marriage in England and Wales is a legally binding union between two people. It can take place through either a civil ceremony at a registry office or a religious ceremony at a place of worship authorised for marriages.

Unlike civil partnerships, marriage involves prescribed words or vows, whether civil or religious. At the end of the ceremony, the marriage is confirmed with a marriage certificate.

Similarities between marriage and civil partnership

Although the two forms of legal relationship developed separately, the law now treats them almost identically in most areas:

• Both provide the same general rights and protections, including tax benefits, inheritance, pensions, next of kin rights, parental responsibility, and property ownership

• If the relationship ends, the courts apply the same principles when dividing assets, awarding maintenance, and ensuring children are financially supported

• The end of both requires a formal legal process through the courts. Marriages end through divorce, civil partnerships through dissolution. Since no-fault divorce was introduced in 2022, the processes are now virtually identical in law and practice.

Key differences between a civil partnership and marriage

While very similar, there are some differences between a civil partnership and marriage that may influence a couple’s choice:

• Civil partnerships involve signing legal documents and do not include vows or religious venues. Marriage ceremonies may be civil or religious, with required words or vows forming part of the process

• Married couples are referred to as “husband” or “wife” (or more formally “spouses”), while those in civil partnerships are called “civil partners.” This distinction matters for official records, forms, and some legal documents

• Marriage is more universally recognised worldwide, while civil partnerships may not be valid in other countries. This can affect couples who travel, relocate, or hold assets abroad

• Civil partnerships are dissolved, and marriages are divorced.

Which is right for you – civil partnership vs marriage?

Deciding between a civil partnership and marriage comes down to your personal wishes and priorities. Some couples dislike the traditional or religious aspects of marriage and find the language of civil partnership a better fit. Marriage offers the option of a formal ceremony, vows, and wider family involvement, which can be important for some couples. Civil partnerships are minimal, focused on the legal act.

Another consideration is whether you plan to move abroad. If you expect to move or spend significant time outside the UK, marriage may be the safer choice to avoid legal uncertainty abroad. Seeking legal advice from a family law Solicitor can be extremely useful in understanding the legal impact of each option, particularly if you have children, significant assets, or international connections.

Final words

Choosing between a civil partnership and marriage is ultimately about what is right for you and your partner. There is no right or wrong. Both offer security, equal legal protection, and clarity in areas such as inheritance, finances, and parental rights. The main differences lie in the ceremony, the terminology used, and international recognition. If you are unsure of the best option for you and your partner, take your time to discuss your wishes and speak to a solicitor who can explain the legal implications.

Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you in relation to false allegations. To make an appointment, please call us on 01932 840 111.

You may also be interested in:

• How to Dissolve a Civil Partnership

• Civil Partnership Dissolution & Financial Settlements

• If I Leave My Marital Home What Are My Rights In The UK?

• The Rights of the Common Law Spouse

FAQs

Can you convert a civil partnership to a marriage?

Yes. In England and Wales, same-sex couples in a civil partnership can choose to convert it into a marriage through a simple administrative process at a register office.

Will both our parental and financial rights be protected?

Yes. Both civil partners and married spouses enjoy the same rights when it comes to financial provision, inheritance, and parental responsibility for children.

Are there any tax or inheritance differences between marriage and civil partnership?

No. Both relationships are treated the same for tax, pension, and inheritance purposes, including exemptions from inheritance tax for transfers between partners.

How to end a civil partnership or marriage?

Both require a formal application to the court. Since the introduction of no-fault divorce and dissolution, couples no longer need to prove blame. The processes run on similar timeframes, usually taking several months.