Couples wanting to make their relationships legally binding can choose to enter into a civil partnership or get married.
Both statuses come with
tax benefits
and the security of how assets can pass between spouses on death – but there are some key differences you should be aware of.
Here, Telegraph Money breaks down the processes of civil partnerships and marriages, including tax benefits, legal rights and ceremony differences.
This guide will cover:
- Legal differences and similarities
- Registration process
- Financial implications
- What does inheritance mean?
- Divorce and dissolution
- Marriage vs civil partnership: Which is better?
Civil partnerships and marriage: legal differences and similarities
Although the
The typical age for getting married continues to increase gradually.
– according to official statistics, the median age at which men get married is 35.3 years, and for women, it is 33.2 years – despite this, numerous couples continue to choose to formalize their relationships.
Couples of both heterosexual and homosexual orientations have the option to select from
getting hitched or forming a civil union
.
In 2005, civil partnerships were initially established as the sole legally recognized union for same-sex couples until the legalization of same-sex marriages came about in 2013. Since 2019, these partnerships have become accessible to both same-sex and heterosexual couples alike.
Marriages and civil partnerships share many similarities legally because efforts have been made to ensure they offer identical rights and privileges.
This indicates that a significant portion of the variation
depends on the couple’s personal choice
The primary distinctions lie in the ways these alliances are established and dissolved.
Registration process
The primary distinction between marriage and civil unions lies in their formation process.
Joanna Newton, a partner at Stowe Family Law, stated: “A marital bond is created when two people make vows and exchange rings, typically during a religious service, followed by the completion of a marriage certificate.”
“A civil partnership is a secular option to marriage that does not involve pledges and is established through the signing of a civil partnership document.”
The certificates for each ceremony are identical except that a civil partnership certificate necessitates including both of your parents’ names, whereas a marriage certificate only demands your fathers’ names.
Legal differences
When it comes to legal rights, civil partnerships and marriages share more commonalities than they do distinctions.
“The differences are few and far between, which is great because obviously it allows people choice and if people want to commit to one another, they don’t have to do it in a religious setting,” Ms Newton explained.
“There are limited differences, you get almost identical legal rights which cover things like tax, inheritance laws, parental responsibility, the two are very similar.”
Regardless of whether you are in a civil partnership or married, you have equal parental rights.
Ms Newton added: “You get parental responsibility if you’re on the birth certificate, and if you’re married or in a civil partnership you will automatically go on the birth certificate.
“If you weren’t married or in a civil partnership and you were a same-sex couple, the second partnership would have to get parental responsibility, whereas you get parental responsibility automatically if you are in a legal partnership.”
Ms. Newton mentioned that issues could arise when couples in a civil partnership visit specific foreign countries. She explained, “In some nations, civil unions might not be legally recognized like marriages are; therefore, this could lead to complications if you’re considering relocating or traveling internationally.”
Nations that do not acknowledge civil unions encompass
Russia
, Poland and Turkey.
Financial implications
Forming a legal partnership with another person might appear overwhelming because it involves tying up your finances together and frequently engaging in shared fiscal undertakings like taking out a mortgage.
However, in both marriages and civil unions, you will not be held accountable if yourパートナー
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a companion dies leaving debts behind in their name
.
Sebrina McCullough, who leads external relations for the debt counseling service Money Wellness, stated, “In general terms, when it comes to civil unions as well as marriages, debts are tied to the individual they’re registered under. Consequently, in either scenario, you do not take on your spouse’s financial obligations; these stay with them indefinitely.”
In spite of this, if your partner is facing debts and not managing to keep up with payments, their financial difficulties could
credit score
might adversely impact you if you share other financial products with another person.
Ms McCullough added: “During a civil partnership or marriage, you will only be liable for debts – such as loans, mortgages or bank accounts – taken out in joint names. But be wary as even if these are in joint names you are still liable for the full amount if your partner doesn’t stick to repayments.”
On the positive aspect, irrespective of whether you’ve entered into a civil partnership or married, you can take advantage of the tax benefits associated with a legally recognized union.
This encompasses benefits related to inheritance taxes (for more details see below), the option to shift assets to reduce capital gains tax, and the
marriage tax allowance
This allows qualifying pairs to decrease their combined income tax liability.
This benefit is accessible for individuals who are married or in a civil partnership, provided that one spouse earns below £12,570 annually and the other earns within the range of £12,571 to £50,270.
What does inheritance mean?
If your significant other passes away while you’re still with them,
You will have identical rights to their property.
regardless of whether you’re married or in a civil partnership.
Joanna Farrands, who leads the family law division at Moore Barlow, stated that during both marriages and civil partnerships, assets can be transferred between spouses.
without paying inheritance tax
.
“A civil partner is treated in the same way as a married partner and is exempt from inheritance tax. In the case where one partner dies, any assets that are jointly held will be shared with the surviving partner, otherwise the will applies – in either case a will could specify for assets not to go to the spouse or civil partner, but both would have a very strong claim to argue against this under the Inheritance Act 1975,” she said.
This act ensures spouses, former spouses and other dependents receive “reasonable financial provision” from the estate of the deceased and can provide a basis
For a will to be challenged
.
Ms Farrands stated, “In cases where partners maintain individual bank accounts, should one of them pass away, the surviving partner has access to the funds within that account, regardless of whether they are married or in a civil partnership.”
Regarding inheritance when the deceased hasn’t left a will, both married and civil partners have the right to receive the whole estate.
rules of intestacy
.
Divorce and dissolution
If you decide to terminate your marriage or civil partnership, the procedures are quite alike, even though they go by different terms.
Ms. Farrand stated, “The primary legal distinction between civil unions and marriage lies in how they conclude; marriages end through divorce with exceptionally rare instances of annulment, while civil partnerships terminate via dissolution.”
Since the introduction of
no-fault divorces
In April 2022, the procedures for dissolution and divorce became nearly identical, as both were handled using the same form and followed the exact same process.
Before the implementation of no-fault divorces in England and Wales, there was a minor discrepancy in the grounds for terminating marital ties. Adultery did not qualify as a legitimate reason for dissolving a civil partnership, whereas it was accepted as a basis for filing a divorce.
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In Scotland, no-fault divorce or dissolution is not recognized, so this distinction regarding the grounds for separation remains applicable.
Nevertheless, infidelity can still be invoked as grounds for terminating a civil union within the ambit of unacceptable conduct.
Ms Farrands explained that whether you’re dealing with divorce or dissolution of a civil partnership, you must have been married or partnered for at least one year before ending it. Additionally, just like with divorce, legal representation through a lawyer is an option available during the process of dissolving a civil partnership.
It follows a comparable procedure where you must consent to the division of funds, encompassing assets and pension plans, along with establishing arrangements for your children.
Wedding versus civil union: What’s preferable?
When comparing marriage and civil unions, there are minimal distinctions regarding the legal rights and advantages one gains from entering into a formalized relationship.
This indicates that the decision between getting married or entering into a civil partnership depends on what a couple might prefer, with the main distinction being that a
civil partnership ceremony
is non-religious and does not require the exchanging of vows.
Although you should also consider the legal status of your relationship should you move abroad, as some countries do not recognise civil partnerships.
This means that you would not be conferred the legal benefits of being married if you were to reside in those countries.
Although civil partnerships were initially designed as the sole choice for legally binding relationships between same-sex partners, they also offer another avenue for couples seeking a more unconventional path to a recognized union.
Ms. Newton stated, “Traditionally, marriage was regarded as the societal standard, whereas civil partnerships were not seen as equal to marriages; however, this perspective is evolving, particularly within England and Wales.”
Civil unions provide couples an additional choice to formalize their relationship and benefit from the advantages of a legally recognized partnership. Many challenges arise for those living together without such a legal structure.
However, if you’re married or in a civil partnership, you receive additional protections due to the legal standing of your relationship.
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