Civil Partnerships

To register a civil partnership in England and Wales, both partners must:

• Be aged 16 or over (those aged 16–17 require parental consent)
• Not already be married or in a civil partnership
• Not be within the prohibited degrees of relationship (close family members)

The registration process:

1. Give notice: Both partners must give notice of their intention to register a civil partnership at a register office (civil partnership is currently limited to civil registration). Each partner gives notice separately. There is a 28-day waiting period after notice before the registration can take place.
2. Signing the civil partnership document: The registration consists of signing the civil partnership document in front of a registrar and two witnesses. Unlike marriage, there is no requirement to say any words or take any vows — it is a purely documentary process (though many couples choose to have a ceremony alongside the signing).
3. Registration: The registrar registers the civil partnership. Both partners receive a civil partnership certificate.

Civil partnership registration can currently only take place in a register office or approved premises (local authority-approved venues that hold civil ceremonies). Unlike marriages, civil partnerships cannot currently be registered in a religious building, though the law may change. The registration fee is approximately £46 for notice plus the superintendent registrar's certificate fee.

Civil partners have rights and responsibilities that are virtually identical to those of married couples across nearly every area of law:

Property and finance:

• Same rights to financial orders on dissolution as on divorce, including property, pension sharing, and maintenance
• Home rights — the right to remain in the family home even if you do not own it
• The same capital gains tax and inheritance tax exemptions as married couples

Pension:

• Civil partners are treated as spouses for pension purposes — they qualify as survivors under most occupational pension schemes and can benefit from a partner's state pension entitlements
• Civil partners can be named as pension nomination beneficiaries and will be treated accordingly by most schemes

Inheritance:

• Civil partners inherit under the same intestacy rules as married spouses — the first £322,000 plus half the residuary estate passes to the surviving civil partner if there are children, or the entire estate if there are no children
• Inheritance tax exemptions apply between civil partners, the same as between married couples

Next of kin and medical decisions:

• Civil partners are recognised as next of kin for medical and hospital purposes
• A civil partner has the right to be consulted about serious medical decisions where a partner lacks capacity (in conjunction with healthcare professionals)

A civil partnership is dissolved through a process broadly equivalent to divorce. Since the introduction of no-fault divorce in April 2022, the same no-fault framework applies to the dissolution of civil partnerships under the Divorce, Dissolution and Separation Act 2020.

The process is:

1. One or both civil partners apply for dissolution at the HMCTS online portal, stating that the civil partnership has broken down irretrievably
2. The court issues the application and serves it on the respondent (for sole applications)
3. After 20 weeks, the applicant(s) apply for the conditional order
4. After a further six weeks, the applicant(s) apply for the final dissolution order, which ends the civil partnership

The financial settlement process is identical to that on divorce — a financial order can deal with property, pensions, maintenance, and lump sums. The same MIAM and mediation requirements apply for disputes about children.

Key difference from divorce: The most notable legal difference between civil partnership and marriage is that adultery cannot be relied upon as a basis for dissolution because adultery is legally defined as sexual intercourse between a man and a woman. Under the no-fault system this distinction has largely lost practical significance, as both divorce and dissolution now rely on the single ground of irretrievable breakdown.

Couples who registered a civil partnership can convert it to a marriage through a simple administrative process. The conversion is available to both same-sex and opposite-sex civil partners.

To convert a civil partnership to marriage:

• Both civil partners must consent
• You apply to the relevant register office
• The conversion can take place in a civil ceremony at a register office or approved premises, or in a religious building (if the religious organisation has opted in to conducting conversion ceremonies)
• The date of the marriage is the date of conversion, not the date of the original civil partnership registration

There is no legal requirement to convert — a civil partnership is a fully recognised legal status and need not be changed. Some couples choose to convert for personal, religious, or practical reasons. Others prefer to retain their civil partnership status.

Conversion does not affect the legal rights acquired during the civil partnership period — a court will consider the entire length of the relationship when making financial orders on dissolution or divorce.