Whether you’re getting married or forming a civil partnership, you will be legally recognising your relationship.
The excitement of the day may entail going dress or suit shopping, floral arrangements, colour theme, food menu, spending the day with your loved ones, telling the world that you intend for this person to be yours for the rest of your life
Although, marriage or a civil partnership is much greater than this. The are both a legally binding ‘contract’ that sets the framework for how you will need to resolve matters relating to your property, money, and any children you may have, should you ever decide to split up.
To be or not to be – reasons beyond being in love
Inheritance tax – married couples and civil partners can leave their property and assets to their spouse tax-free when they die.
State pension – if you have insufficient national insurance contributions to obtain a full state pension, you may be able to rely on contributions from your former spouse/civil partner after divorce.
Pension – you may be entitled to a share of your partner’s other pension(s) on death or divorce.
Next of kin – where your health and social care is concerned, your next of kin would be able to make decisions for you. When you are not married and not in a civil partnership, this duty would usually fall to your nearest blood relative.
Parentage – if you are a father married or in a civil partnership with the mother when the child is born, you automatically have parental responsibility regardless of whether you are on the birth certificate.
Civil partnership or marriage?
A civil partnership is a legally recognised relationship between two people of the same or opposite sex. It offers the same benefits as a marriage.
However, unlike a marriage, where the wedding is given the name of ‘ceremony’, forming a civil partnership is an ‘event’.
Traditional weddings are often rooted in religious and cultural traditions and take place in front of recognised religious leaders like a vicar or rabbi.
The vows:
"To have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death us do part"
have been used in UK church weddings dating back to 1552.
Other traditions are that the bride is “given away” by their father, the marriage certificate only includes the couple’s fathers’ names, and, surprisingly, you can still annul a marriage on the basis of non-consummation.
With a civil partnership, there are no religious connotations, there are no vows and they take place in front of a registrar where the couple sign a civil partnership document, which includes both of the couples’ parents. A couple can also choose to be married by a registrar.
The dissolution process of a civil partnership is similar to the divorce process for a marriage and is completed on the same Court forms and documents.
Whether you choose marriage or civil partnership is personal preference
In 2022 there were 6,879 civil partnerships formed in England and Wales, of which 83.7% were opposite sex couples and 16.3% were same sex couples. That compares to 246,897 marriages in England and Wales.
Whichever you choose, it is possible to commit to each other with both a full heart, and a good understanding of what it means for you legally and financially – whether you remain partners for life, or not.
For help and advice on this topic or related issues, such as the legal implications of pre-nuptial, pre-registration, or cohabitation agreements, please contact Marilyn Bell by calling 01727 798066 or emailing marilyn.bell@salaw.com.
