With heterosexual couples now able to choose civil partnerships, Thea Dunne of law firm Vardags explains how they differ from marriage.
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When are civil partnerships are expected to be extended?
Heterosexual couples can expect to see civil partnerships extended to them in 2019.
Calls for the extension of civil partnerships began four years ago when London couple Rebecca Steinfeld and Charles Keidan. Having had their notice of intention to enter into a civil partnership refused by the registrars at Chelsea Old Town Hall, the couple launched a crowd-funded legal case and petition.
After two appeals their case reached the Supreme Court when in June this year, the country’s top judges agreed, in a much-publicised judgment, that as it stands the Civil Partnership Act 2004 was incompatible with the European Convention on Human Rights.
In an announcement in October 2018, Prime Minister Theresa May promised that mixed-sex couples would soon be able to get civil partnerships.
A Bill, sponsored by Tim Loughton MP, cleared Report Stage and Third Reading at the end of the month, along with an amendment setting a deadline for the change at the end of 2019 – providing the Lords agree.
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Civil partnerships vs. marriage
How to get a civil partnership
At its speediest, it will take at least a month from making the decision to formalising a civil partnership.
Firstly, you will have to secure a date and venue. Then you and your partner both have to give notice at your local register office, paying the £35 registry fee.
You will also have to provide your personal details and specify when and where it will take place. To do this you will have to provide proof of name, age and nationality, such as a passport or birth certificate, and proof of address such as a driving licence or utilities bill.
If you have been married or civilly-partnered before, you will need to provide decree absolute or previous partner’s death certificate. If one of you is subject to immigration control, you may have to provide additional documentary evidence. This will all have to be done in person, and local to where you have lived for at least a week.
The registry office will then make the details of your upcoming civil partnership available. This is normal procedure. If after 28 days there are no legal reasons why you can’t go ahead, you are free to register your civil partnership within the next 12 months.
To register your civil partnership, you must have the registrar, at least two witnesses and any venue licensed by the Home Office. Civil ceremonies can include readings, songs or music, but must not include anything that’s religious, including hymns or Bible readings. You do not need to exchange vows for a civil partnership, but you can do so if you wish. The civil partnership will be legally formalised when you and your partner sign the civil partnership document.
You will have to pay a small fee for giving notice, solemnising the marriage and using the Registrar’s office or for the Registrar to attend an approved venue.
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Divorce for civil partnerships
If the process of getting civilly-partnered or married is similar, then divorcing or dissolving a civil partnership is virtually identical.
The only procedural difference is that some of the court orders have different names. A decree nisi in divorce proceedings for example, is called a conditional order in proceedings to end a civil partnership.
The couple must have been married or partnered for a year prior to bringing separation proceedings and England and Wales must be the appropriate jurisdiction. They must prove that the relationship has irretrievably broken down.
Unless they have been separated for at least two years they must do this by alleging the fault of the other party and proving that there has been unreasonable behaviour. While heterosexual married couples can prove adultery instead of unreasonable behaviour, this is not an option for same-sex married couples or civil partners. Nor can civil partners cite communicable venereal disease to nullify a marriage.
Otherwise ending the relationship, along with any associated children and financial arrangements are no different.
Thea Dunne is an in-house journalist at law firm Vardags, which specialises in family law. The views expressed in this article do not necessarily represent those of loveMONEY.