Civil Partnerships v Marriage

At the moment the law states that only same sex partners can enter into a civil partnership. However, civil partnerships were originally introduced to English law in 2004 to allow same sex couples legal recognition for their relationships.

English law has come a long way since then and as we are all aware same sex marriages were introduced back in 2013. Not only did this cause controversy at the time but has recently been thrust back into the headlines for another reason altogether.

Rebecca Steinfeld and Charles Keidan wanted to enjoy the same rights as same-sex couples and enter into a civil partnership. The couple, from Hammersmith, West London, who have an eight-month-old baby and do not want to get married, took the case to London’s High Court as they were refused a civil partnerships. They claimed that the Civil Partnership Act discriminated against heterosexual couples and violated their right to a family life under the European Convention on Human Rights.

However, Mrs Justice Andrews who heard the case ruled that straight couples “are not disadvantaged” by the law as “whilst civil partnerships remain unavailable, the state is still making available the alternative means of recognition of their relationship which has always existed” (i.e. marriage). Whilst “same-sex couples now have two routes to achieving legal recognition of their relationship by the state and opposite-sex couples continue to only have one, the difference in treatment complained of (by Ms Steinfield and Mr Keidan) does not infringe a personal interest close to the core of the right to family life, still less the right to private life”.

Therefore, although many people may have ‘sympathy’ with the couple, the Government’s refusal of their demand was not unlawful and not in breach of their human rights for private and family life.

It also seems from the Judgment that it is up to the Government to make a decision about what is to happen with civil partnerships and that review is in hand. However, the couple have said they intend to appeal.

From a family law perspective, the rights of those that are married and those of civil partners are the same. Whilst the wording is different Marriage v Civil Partnership, Divorce v Dissolution upon separation both spouses and civil partners have the same financial claims against each other. Therefore, the main difference between the two seems to be religion as marriage is seen as a religious ceremony.

It remains to be seen whether the law will change to accommodate the rights for all couples to enter into both civil partnerships and marriage or whether the Civil Partnership Act will be abolished.

Our family and matrimonial specialist Gillian Lavelle is pleased to offer a free initial 30-minute appointment for all new cases.

To arrange your meeting, call 01942 206060 today.