The choice to opt for a civil partnership rather than marriage has been closed to heterosexual couples ever since civil partnerships were introduced in 2004, when the Civil Partnership Act stated that only same-sex couples were entitled to apply.
A couple of landmark cases in recent months have challenged that, and earlier this year, the Prime Minister announced that heterosexual couples would now have the same entitlement as same-sex couples to apply for a civil partnership.
Is there a demand for civil partnerships?
Currently, there are approximately 3.3 million unmarried couples in the UK. These couples live together, have children together, and share financial responsibilities. However, because they are not legally ‘married’ in the eyes of the law, they don’t have the same financial protection as a married couple. With a civil partnership, these couples would now have the same legal treatment for a whole range of issues, including inheritance issues, tax breaks and pensions.
For years, heterosexual couples have been pushing for the same rights as same-sex couples when it comes to civil partnerships. Things reached a head this year when campaigners Rebecca Steinfeld and Charles Keidan said that the law as it stands breaches the human rights of heterosexual couples. The High Court agreed, and now the government has been cornered into carrying out a root-and-branch amendment of the current law. The only exception is for siblings who live together, who are still not given the same degree of financial and legal protection.
As religious organisations see declining numbers of ‘bums on pews’, the UK is becoming more of a secular society than ever before. The option to have a formal partnership that does not require the church to recognise it sits well with couples who have no interest in getting married in a church, or who have moral objections to the concept of ‘marriage’. So yes, the demand is certainly there, which is why this amendment will probably be pushed through fairly quickly.
The ‘Common Law’ myth
Ask almost any unmarried couple who have been together for a long time if their partnership is recognised as a ‘common law’ partnership, and many would say yes. However, common law marriage is a myth, at least in the UK. While common law itself is an intrinsic part of British law, it certainly has no legal relevance to partnerships, and while the term ‘common law wife’ may have been widely used for years, it’s actually meaningless and has absolutely no basis in law. Up until the most recent announcement by Theresa May, you were either married, or you weren’t.
The new law, though, will not automatically offer protection for co-habiting couples who do not choose to formalise things in a civil partnership. Those who simply and for whatever reason decide to carry on ‘just living together’ will be in exactly the same position as they were before, with little or no financial or legal surety or protection, regardless of whether or not they have children. Parental rights will still automatically be awarded to the mother (always a bone of contention in custody battles between co-habiting partners), and the relatives of a partner are still well within their rights to challenge any will that names the unmarried partner as the sole or main beneficiary.
So opting for a civil partnership is a good idea if you want to formalise your relationship, protect your assets, or even just ‘tie the knot’ without a church or registry office ceremony. The infrastructure should be relatively easy to put into place, and our estimate is that civil partnerships for heterosexual couples will be on the books by the middle of next year.
If you’re unsure about your rights as a couple, whether you’re married, in a same-sex civil partnership, or co-habiting, contact one of our Family Law experts at your nearest office by clicking here.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
