Civil partnership or marriage - what are the legal differences?

When it comes to formalising their relationship, couples in Scotland can choose between a marriage and a civil partnership. Both institutions provide legal recognition and similar rights, but they differ in several significant ways, including their historical context, ceremonial options, and social perceptions.

Legal foundations

The legal framework for marriage in Scotland is established under the Marriage (Scotland) Act 1977. Marriages can be between opposite-sex or same-sex couples and can be solemnised through either a religious or a civil ceremony. The process involves giving notice of the intention to marry, conducting the ceremony, and registering the marriage with the local registrar.

Introduced by the Civil Partnership Act 2004 in England and Wales, civil partnerships were initially designed exclusively for same-sex couples. Parts of it were incorporated into the Family Law (Scotland) Act 2006, which regulated the position in Scotland. The Marriage and Civil Partnership (Scotland) Act 2014 expanded this option to opposite-sex couples as well. Civil partnerships are solely civil procedures with no religious elements, conducted and registered by a civil registrar.

Types of ceremony

Marriages in Scotland are quite flexible in terms of ceremony type. Couples can choose a religious ceremony, which includes various traditions, customs, and religious rites officiated by an authorised religious celebrant. Alternatively, they can opt for a civil ceremony, which is secular and performed by a registrar. This choice allows couples to tailor their marriage ceremony to fit their personal beliefs and cultural backgrounds.

Civil partnership ceremonies are entirely secular and conducted by registrars. There is no religious content involved, making it a straightforward legal procedure. Couples may choose to hold a celebratory event, but it does not have legal standing in the registration process. This can appeal to those who prefer a non-religious and more modern approach to formalising their relationship.

Finally there are Humanist ceremonies, which are more spiritual than religious.

Legal rights and responsibilities

Despite the different paths to formalisation, couples in both civil partnerships and marriages have similar legal rights and responsibilities. Partners in both unions have rights to inherit from each other, even without a will, both unions recognise partners as next of kin, which is crucial in medical and legal contexts, and provide for parental responsibilities and rights.

Couples in both unions are treated similarly for tax purposes, pension rights, and state benefits and both can claim ongoing financial support and fair sharing of the couple’s wealth upon separation.

Both types of union can be legally ended, though the terminology differs: marriages are dissolved through divorce, while civil partnerships are dissolved through dissolution. The grounds for ending either relationship are largely similar.

Conversion and international recognition

One unique aspect of civil partnerships is the ability for same-sex couples to convert their civil partnership into a marriage. This process is straightforward and administrative, allowing couples to gain the status and recognition associated with marriage. Conversely, there is no provision for converting a marriage into a civil partnership.

While marriages generally enjoy broad international recognition, making them a more practical option for couples considering international travel or relocation, recognition of civil partnerships varies significantly outside the UK and EU. This can potentially lead to complications regarding legal status and rights in foreign jurisdictions.

Ending the relationship

A civil partnership is brought to an end through a process known as dissolution, while a marriage ends through divorce. Both processes require legal intervention and have similar grounds for termination.

However, interestingly enough, a civil partnership cannot be dissolved on the grounds of adultery because it is only considered cheating if it is with the “opposite” sex.

While both civil partnerships and marriages in Scotland offer comprehensive legal recognition and similar rights, they cater to different preferences and needs. Marriages provide a blend of traditional and modern elements with flexible ceremonial options, while civil partnerships offer a secular, modern approach to formalising a relationship. Couples should carefully consider these differences to choose the union that best aligns with their personal beliefs, cultural backgrounds, and future plans.