Guide to civil partnership for LGBTQ+ couples

2024 marks a ten years since the first same-sex marriage took place in England and Wales. Its introduction represented a significant step towards equality for a community that had previously been restricted to civil partnership as a way of formalising their relationship in law.

In our guide to civil partnership for LGBTQ+ couples, we look at some of the commonly asked questions.

Is it really necessary to formalise a relationship?

In short, no. Many people live together as cohabitees (meaning they’re in a couple but they’re not married or in a civil partnership). While this can work brilliantly for many people, cohabitation offers far less (in reality very little) legal protection than marriage or civil partnership.

What are the differences between cohabitation and marriage or civil partnership?

One of the biggest differences is that cohabitation doesn’t give a person the same rights of inheritance when their partner dies.

Unlike in marriage or civil partnership, a cohabitee will not automatically inherit the other’s property and assets.

Writing a will ensures your partner will be provided for. We would advise all persons to ensure that they have a will drafted to ensure their wishes are accurately reflected and those parties with whom they wish to support are protected.

Another difference is that cohabiting partners do not have to support each other financially if they separate. Nor are (most) cohabitees entitled to financial support when they can’t work because of childcare responsibilities.

There are also tax benefits available to married couples and civil partners that do not apply to cohabitees.

How can a cohabitation agreement help?

For those couples that choose not to marry or become civil partners, a cohabitation agreement can be an important means of seeking to ensure that the parties and the children are afforded further protection than under the current law.

These agreements can be designed in various ways, but their main purpose is to set out what should happen to the couple’s house, finances and assets if the relationship breaks down.

A cohabitation agreement can also cover the couple’s plans for their children, where the children should live and how contact with both parents should be maintained.

As well as having statutory protections, married couples and civil partners can use a prenuptial or postnuptial agreement to set out their agreement about post-separation arrangements.

These agreements – similar to cohabitation agreements – whilst not strictly binding, will be taken into consideration by the court if the divorce or dissolution has to be resolved there (there are alternatives to court – mediation being one).

How do civil partners divorce?

The equivalent of divorce in civil partnerships is ‘dissolution’. As with divorce, it’s no-fault based, meaning the parties don’t have to attribute blame for the breakdown of the relationship.

This starts parties on a more positive footing when discussing matters concerning finances and children.

Which is the better option – marriage or civil partnership?

This is a personal decision. Some people prefer the religious aspect of marriage (although marriage doesn’t have to be a religious ceremony), while others choose civil partnership to avoid it.

In practical terms, civil partnerships offer an equivalent level of security to marriage and there are very few practical differences between the two.

A civil partnership can be converted to a marriage, so those who became civil partners before the right to marry became law can take up that opportunity if marriage is their preferred option.

If you are looking to marry or enter into a civil partnership, or to move in with a partner, we can help you understand the implications and put any necessary additional protections in place.