Insights
26 Mar 24
Funding legal fees during a divorce
Rupa Parekh
To mark the anniversary of equal marriage in England, we compare the differences between same sex marriage and civil partnerships.
Ten years ago, on 17 July 2013, royal assent was granted to the Marriage (Same Sex Couples) Act 2013, enabling same-sex marriages to take place from 29 March 2014.
The statistics: an overview of equal marriage and civil partnership formations
(Sources — Population estimates by marital status and living arrangements England and Wales: 2019, People’s living arrangements in England and Wales: Census 2021)
- The 2021 census revealed that the proportion of people who are in a legal partnership with someone of the same sex has almost doubled from 0.5% in 2011 to 0.9% in 2021
- In 2019, of 193,000 people estimated to be in a legally recognised partnership with someone of the same sex, 104,000 (54%) were married
- Of the 104,000 people, 63,000 are males and 41,000 females
- This accounts for 0.4% of the married population;
- The number of people in same-sex marriages increased initially following their introduction in 2014 but the proportion has remained relatively consistent over recent years
- The remainder, 89,000 people (46%) have entered into same-sex civil partnerships
The latest statistics: civil partnerships
(Source — ONS: Civil Partnerships in England and Wales: 2021)
- In 2019, there were 6,731 civil partnerships in England and Wales
- 1,039 of the civil partnerships in 2019 were same-sex civil partnerships
- The majority of same-sex civil partnerships were between men (56.9%)
The latest statistics: equal marriage ceremonies
(Source — ONS: Marriages in England and Wales: 2019)
The latest available marriage statistics take us to six years after the law was changed.
- There were 219,850 marriages in England and Wales in 2019
- There were 6,728 marriages of same-sex couples in 2019
- 57% were between female couples
- A further 578 couples converted their existing civil partnership into a marriage during 2019.
The latest statistics: same-sex couples generally
(Sources — ONS: Families and Households in the UK: 2019, People’s living arrangements in England and Wales: Census 2021)
- In 2019 ONS reported that same-sex married couples were the fastest growing type of same-sex family
- There were 476,000 people living in a same-sex couple in 2021
- Same sex cohabiting couples increased by 1.3% from 2011 to 2021, compared to an increase of 27.6% for opposite sex couples.
- This smaller increase in same-sex cohabitation may reflect the option of same sex marriage being available.
- There were 212,00 same-sex families in the UK in 2019, having increased by 40.0% since 2015
What are the differences between civil partnership and equal marriage?
Fundamentally, and from a legal perspective, there are no major differences between the two. There are however some subtle differences which are summarised in the table below:
| Marriage | Civil partnership | |
|---|---|---|
| How to describe the relationship | Married couples cannot call themselves ‘civil partners’ for legal purposes. | Civil partners cannot call themselves ‘married’ for legal purposes. |
| How to enter into either civil partnership or marriage | Marriages are solemnized by saying a prescribed form of words. | Civil partnerships are registered by signing the civil partnership document, with no words required to be spoken. |
| Marriages can be conducted through a civil ceremony, or a religious ceremony (subject to provisos). | The formation of a civil partnership is an entirely civil event. Civil partners can choose to add a ceremony (religious or not) to follow the formation of their civil partnership. | |
| Notice of marriage is given by each party in the registration district in which they have lived for the previous 7 days. | Notice of civil partnership is given by each partner anywhere within the local authority in which they have lived for the previous 7 days. | |
| The details of marriages are recorded in an electronic register. | The details of civil partnerships are recorded in an electronic register. | |
| Certificates | Marriage certificates include the names of both parents of the parties. | Civil partnership certificates include the names of both parents of the parties. |
| Divorce / Dissolution Also see * below |
Marriage is ended by divorce, by obtaining a final order. | Civil partnerships are ended by a dissolution order. |
*There are also some variations of grounds to either annul or divorce the other party. A family lawyer can explain the differences, which relate to the reason given to the court for either the annulment or the divorce. There may also be some differences in State Pension provision.
Rupa advises on pre and postnuptial agreements, cohabitation disputes, separation agreements and has a keen interest in private law Children Act disputes.
This insight is co-authored by Trainee Solicitor, Faye Simpson. faye.simpson@weightmans.com
Contact our family law solicitors for further guidance or support on the differences between civil partnership and equal marriage.
