Theresa May announced at the Conservative Party Conference in Birmingham this week that civil partnerships are to be opened up to heterosexual couples, in England and Wales at least.
The change in policy follows the Supreme Court ruling in June that the law allowing only same-sex couples to enter into civil partnerships was discriminatory because it doesn’t apply to opposite-sex couples as well. (See our previous article: Supreme Court judgment opens the debate on marriage and civil partnerships).
Since 2014 same-sex couples have been able to choose whether to get married or enter into a civil partnership.
The Prime Minister said “This change in the law helps protect the interests of opposite-sex couples who want to commit, want to formalise their relationship but don't necessarily want to get married. As Home Secretary, I was proud to sponsor the legislation that created equal marriage. Now, by extending civil partnerships, we are making sure that all couples, be they same-sex or opposite-sex, are given the same choices in life.”
People in civil partnerships have the same rights as married couples in terms of pensions, tax benefits and inheritance, as well as the same entitlements and options on divorce or dissolution. Note, though, the grounds for dissolution of a civil partnership are different from the grounds for divorce - adultery isn’t a ground for dissolution of a civil partnership.
A civil partnership can be an appealing option to people who feel that the religious, historical or ideological connotations of conventional marriage don’t fit with their views.
The Scottish Government has already announced a consultation on the introduction of opposite-sex civil partnerships and it’s fairly safe to assume that the law here will go the same way as in England and Wales.
Commentators south of the border have pointed out that what the new law will not do is give any protection to the increasing numbers of couples who live together without being married or entering into a civil partnership. That’s one area where the law is different in Scotland. Here we have a separate legal regime for people (same-sex and opposite-sex) who live together (cohabit.) The cohabitation laws don’t give them the same rights as marriage or civil partnership but do provide some protections. (See previous article: If you are cohabiting are you aware of your legal rights?)
Recently it has been reported that there has been an increase in “deathbed weddings” which suggests that cohabiting couples are belatedly realising that their relationship doesn’t offer them any legal protection. English Family lawyers continue to campaign for changes to the law so that it catches up with and properly reflects the different ways people live their lives and build their families.