What Is a Civil Partnership? Rights, Differences and How to End One

A civil partnership is a legally recognised relationship that gives a couple broadly the same rights and responsibilities as marriage. Since 31 December 2019, civil partnerships have been open to both same-sex and opposite-sex couples in England and Wales. It is formed when both partners sign the civil partnership document in front of witnesses, and it carries the same financial, inheritance and parental protections as marriage.

A short history of civil partnerships

Civil partnerships were introduced by the Civil Partnership Act 2004 and became available to same-sex couples from December 2005, at a time when same-sex marriage was not yet lawful. When same-sex marriage was introduced in 2014, same-sex couples could choose either route. Opposite-sex couples, however, could not form a civil partnership, until a legal challenge found this to be discriminatory, and the law was changed to open civil partnerships to all couples from 31 December 2019.

Who can enter a civil partnership?

Any two people may register a civil partnership provided they are both aged 18 or over, are not already married or in a civil partnership, and are not closely related. The couple may be same-sex or opposite-sex. There is a notice period before registration, in the same way as for marriage.

How is a civil partnership different from marriage?

In law the effects are almost identical, but the way each is formed differs. A civil partnership is created by signing a register, with no requirement for spoken vows, and it has no religious element, it is an entirely civil status. A marriage is usually formed by the exchange of spoken vows and can be religious or civil. Some couples prefer a civil partnership precisely because it carries the legal protection of marriage without its traditional or religious associations.

What legal rights does a civil partnership give you?

A civil partnership provides the same core protections as marriage. These include:

• Automatic inheritance under the intestacy rules if a partner dies without a will
• Exemption from inheritance tax on transfers between partners, and the ability to pass on unused allowances
• Survivor benefits under many occupational and private pension schemes
• Recognition as next of kin for medical and similar decisions
• The court’s full powers to divide assets and order financial support if the relationship ends

Where the couple have children, both partners can hold parental responsibility, and the usual rules on legal parenthood apply. You can find more detail on our civil partnerships page.

Can you convert a civil partnership into a marriage?

Same-sex couples who entered a civil partnership can convert it into a marriage if they wish, and the marriage is then treated as having existed from the date of the original civil partnership. Couples do not have to convert, and many choose to remain civil partners. Advice is worth taking before deciding, as the right choice depends on your circumstances.

How do you end a civil partnership?

A civil partnership is ended by a process called dissolution, which closely mirrors divorce. Since April 2022 the process is “no fault”, neither partner has to blame the other, and a sole or joint application is possible. As with divorce, a partnership cannot usually be dissolved within the first year. The court can resolve finances at the same time, using the same powers as on divorce, including property division, pension sharing and maintenance. Our financial settlements page explains how assets are divided.

Getting advice

Whether you are entering a civil partnership, weighing it up against marriage, or bringing one to an end, early advice helps you understand exactly where you stand. To speak with our family law team, please request a callback.