New law set to allow civil partnerships for heterosexual couples

The law is set to change, allowing heterosexual couples to enter into civil partnerships.

This marks a significant shift from the current position where marriage has been the only legal union available for heterosexual couples, addressing the inequality between them and same-sex couples.

Campaign for equal civil partnerships

This change comes after a legal battle led by Rebecca Steinfeld and Charles Keidan, who challenged the law in the Supreme Court.

They argued that with more than three million cohabiting couples in England and Wales, there is a need for an alternative to marriage that reflects modern family structures.

Why civil partnerships?

Civil partnerships provide a legal alternative to marriage, offering many of the same protections without the traditional or cultural associations that come with marriage.

Many couples, especially those who see marriage as outdated or incompatible with their beliefs, still seek legal security for inheritance, pensions, and financial matters.

Civil partnerships allow them to formalise their relationship and gain these protections.

Currently, cohabiting couples don’t enjoy the same legal rights. For instance, if one partner dies, the other has no automatic right to inherit, and separating cohabitants may not have access to financial support or a share in property.

Civil partnerships fill this gap, giving couples the opportunity to protect their legal rights without needing to marry.

A family law perspective

From a family law perspective, civil partnerships for heterosexual couples are a crucial development.

They address the legal vulnerabilities of cohabiting couples, especially the financially weaker partner, who may be left disadvantaged if the relationship ends.

Civil partnerships provide legal protection similar to marriage, offering clearer financial arrangements during separation, such as spousal support and property division.

They also protect children in the same way as marriage, ensuring their legal recognition and financial security.

Family lawyers see this as a positive step towards offering couples and families greater legal stability and hope it will encourage discussions about further protecting cohabiting couples who remain unprotected by current legislation.

Will this replace cohabitation?

While civil partnerships may encourage some cohabiting couples to formalise their union, cohabitation will remain a choice for many.

However, the hope is that this change prompts further reform to provide legal rights for cohabiting couples when they separate, as current laws leave many vulnerable.

If you’re considering a civil partnership or want to know how this change in the law could benefit you, contact our expert family law team for guidance and support.