The importance of legal status for relationships

Even before the introduction of civil partnerships, the concept of ‘common law marriage’ confused many, though it provided no legal recognition.

In this article, we explore various forms of legal relationship statuses in England and Wales.

We shed light on the implications of these statuses and the problems that can arise from non-legally recognised relationships.

Legally recognised partnerships

Legally recognised partnerships include both religious and civil marriages for heterosexual and same-sex couples, and civil partnerships primarily for same-sex couples.

Eligibility for marriage or civil partnerships requires individuals to be at least 16 years old, single, divorced, or widowed, and not closely related to their partner.

These partnerships provide substantial legal protections, ensuring that couples receive the benefits of legal rights across various aspects of their lives.

Marriage

Marriage, whether conducted in a religious setting or as a civil ceremony, offers the same legal rights regardless of the ceremony type. However, the availability of religious marriage ceremonies for same-sex couples varies, with some religious institutions still not supporting such unions.

Although same sex marriage is permitted in England and Wales, in practical terms, the rules of many religions mean that a religious marriage ceremony may not be available.

The Anglican Church in England and Wales does not currently permit same sex couples to marry but same sex couples can marry in other religious buildings if the religion the building belongs to permits same sex marriage and the building has been registered for same sex marriages.

Interestingly, other religious groups have begun accepting same-sex marriages, showing a gradual shift towards inclusivity.

The Scottish Episcopal church has recently voted to allow same sex marriages and St Mary’s Cathedral in Glasgow will host the first same sex marriage, hosting a couple from England who cannot marry in their local church.

Civil partnership

Unlike marriage which is open to both heterosexual and same sex couples, heterosexual couples are unable to enter into a civil partnership.

The civil partnership was introduced in 2005 as a ‘stepping stone’ towards same sex marriage, but has remained in place despite the introduction of same sex marriage in 2014.

There are some small differences between the requirements of a marriage ceremony and the registration of a civil partnership – a civil partnership can be registered in private whilst a marriage must be public.

The names of both parents will be on a civil partnership registration (not just the fathers of the couple as in marriage).

The differences between marriage and civil partnership

In many respects, once you are married or have registered your civil partnership, you have the same legal rights in terms of tax, inheritance, pensions and next of kin arrangements.

As far as dissolving a civil partnership is concerned, the same provisions apply as for obtaining a divorce – the relationship must have ‘irretrievably broken down’.

The key difference to note is that unlike marriage, adultery is not evidence of the irretrievable breakdown of a civil partnership.

The challenges of partnerships without legal status

Essentially, unless you are married or have registered a civil partnership, your partnership has no legal status.

You may have lived together for years, or referred to your relationship as a ‘common law marriage’. The reality is that, regrettably, this is an often used and misunderstood term which confers no legal status at all on the relationship.

Unless you have made arrangements such as drawn up a valid will to cover inheritance matters, completed relevant pension scheme beneficiary nomination forms and the like, your partner will have no rights in respect of your property (or assets) should you die.

A landmark case in Northern Ireland recently ruled that a long-term cohabitee should receive her deceased partner’s pension, as if they were married. Despite this, legislation has not yet changed.

Couples who don’t marry or enter into a civil partnership still lack legal rights in life or death. Resolution and the Family Law Bar Association are lobbying the Government for reforms.

These changes aim to give cohabiting couples the same legal protection as those who are married or in a civil partnership.

While a relationship without legal status means no need for divorce or dissolution should you split up, it also means no protection should your spouse refuse to recognise your contribution to the relationship.

The breakdown of a relationship where there is no marriage or civil partnership can be especially traumatic if one partner has handed over money or other property in good faith (or under duress) to the other partner, who then refuses to acknowledge this.

The role of a cohabitation agreement

While the impact of death on a cohabiting couple can be limited with a properly drawn up will and other arrangements, there are other issues that should be addressed by a couple who do not wish to marry or register a civil partnership.

Although there is a traditional view that they should not be enforced because they undermine marriage, the reality is that a cohabitation agreement can save a lot of pain and heartache.

The agreement will set out the arrangements that will apply for example as regards property ownership, payments of liabilities or division of joint and individual assets, should the relationship break down.

We would always encourage couples to ensure that they make suitable arrangements to protect themselves, whether through marriage, civil partnership or by drawing up a cohabitation contract.

If you’re concerned about the legal status of your relationship, speak with our experienced team to ensure your rights are protected and your future is secure.