What is the difference between civil partnerships and marriage?

In the UK, couples who want to make a legal commitment to one another can choose between marriage and civil partnership.  These are not the same, although they offer similar legal rights and protections.  

The Civil Partnership Act 2004, effective from December 2005, allowed same-sex couples to enter into civil partnerships, before marriage was made available for same-sex couples.

The Marriage (Same Sex Couples) Act 2013 legalised same-sex marriage in England and Wales, with the first marriages occurring in March 2014.

In 2019, the Civil Partnership Act 2004 was amended so that different-sex couples were also permitted to form civil partnerships. 

As a result, both options are available to both same sex and opposite sex couples, and people can choose the option that best suits their values, beliefs and needs. 

Legal Difference between Marriage and Civil Partnership

Civil partnerships and marriages provide almost identical legal rights. Whether it’s tax benefits, inheritance, pensions, next-of-kin status, or parental responsibilities, both forms of legal union offer the same protections under UK law; as a family solicitor frequently advising in respect of finances upon the end of a relationship, it will make no difference whether that relationship was a marriage or a civil partnership. 

The key differences between marriage and civil partnerships are:

  • Formation: marriage is formed through a civil or religious ceremony involving spoken vows.  In a civil partnership, there are no vows involved and the couple signs a civil partnership document.
  • Terminology: within a marriage, the parties are usually referred to as “husband” or “wife”.  Within a civil partnership, the term “civil partner” is used.
  • Religious involvement: a marriage can involve a religious service.  This is not possible for a civil partnership, which is a civil matter, with no religious content permitted.
  • Conversion: while same-sex couples can convert their civil partnerships into marriages, different-sex civil partners cannot do this.  Marriages cannot be converted into civil partnerships.
  • Separation: to end a marriage, the parties can get divorced, whereas a civil partnership is dissolved.
What is the perception of marriage and civil partnerships?

Marriage is often viewed as a traditional or religious institution, while civil partnerships can be seen as more modern and based on equality; they also remain a significant part of LGBTQ+ history in the UK.  The couple whose appeal prompted the change in law in 2019 to enable different-sex couples to get married, Charles Keidan and Rebecca Steinfeld, wanted a civil partnership rather than a marriage on the basis of their objection to the legacy of marriage, which had treated women as property for centuries – they said that they wanted to raise their children as equal partners, and felt that a civil partnership would set the best example for them.  Other reasons given by couples who have chosen to have a civil partnership rather than a marriage have been that they feel “partners” better describes them than the terms husband and wife, and that they are not comfortable with the institution of marriage because it had hangovers of inequality from the past and is unequal depending on religion.

Marriage vs Civil Partnership: Choosing What’s Right for You

Ultimately, the decision between marriage and civil partnership is personal. Both offer the same legal security and recognition in the eyes of the law. What differs is the formality, language, and symbolism associated with each.

For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Family Team.

Lydia Davis
Solicitor, Family
<script>
document.addEventListener('DOMContentLoaded', function () {
  const deptEl = document.getElementById('acf-author-department');
  const department = deptEl?.dataset?.department;

  if (typeof gtag === 'function' && department) {
    gtag('set', { author_department: department });
  }
});


  window.dataLayer = window.dataLayer || [];
  const dept = document.getElementById("author-department")?.textContent?.trim();
  if (dept) {
    window.dataLayer.push({
      event: "authorDataReady",
      author_department: dept
    });
  }

</script>
View profileContact Us

This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

Latest Legal Insights

Best Law Firms 2024

Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.  

www.thetimes.co.uk/article/herrington-carmichael

Best Law Firm 2024
<h1 class='my-heading'>Just some HTML</h1><?php echo 'The year is ' . date('Y'); ?>