New rules have allowed more couples to enter civil partnerships. What do this really mean moving forwards?
Previously under the Civil Partnership Act 2004 only same-sex couples were eligible for civil partnerships. This means that the only option available for heterosexual couples was marriage. However following the recent Supreme Court decision ruling in favour of Rebecca Steinfeld and Charles Keidan, the law has been revolutionised.
The new Civil Partnership (Opposite-sex Couples) Regulations 2019 provided for the Civil Partnership Act 2004 to be amended. The Civil Partnership (Opposite-sex Couples) Regulations 2019 were made on 5 November 2019 and came into force this week.
What does this mean for couples?
As Steinfeld and Keidan had hoped for, this essentially means that heterosexual couples now have the option either to marry or to form a civil partnership, as is the case for same-sex couples, therefore creating equality for all.
What’s the real difference between civil partnership and marriage?
In practice, there will be very few differences between a marriage and a civil partnership, as a lot has moved on since the Civil Partnership Act was implemented in 2004. Fundamentally, areas of law including acquiring parental responsibility, child maintenance, inheritance tax, social security and tenancy rights are now similar for both.
There is therefore no strong reason to choose either option over the other. However, civil partnerships are likely to be preferred by couples who have moral objections to marriage due to its history and perceptions of its patriarchal nature.
The new Regulations enable couples to formalise their relationship and celebrate with their friends and family without the need to get married if they wish.
Should I enter into a pre-nuptial agreement?
Whilst this new era of civil partnerships is a welcome introduction, couples should be aware of the financial consequences if the partnership does break down, and should plan accordingly.
Many may incorrectly believe that pre-nuptial agreements are only appropriate for those couples who are entering a marriage. This is fundamentally incorrect. The financial implications following the breakdown of a civil partnership are the same as upon the breakdown of a marriage and therefore a couple may want to consider a pre-nuptial (or rather a pre-partnership) agreement
