All couples in England and Wales will be able to choose to enter into a civil partnership
Theresa May has announced that all couples in England and Wales will be able to choose to enter into a civil partnership, instead of getting married. Currently, the law allows same-sex couples to either marry or enter into a civil partnership but mixed-sex couples can only choose to marry. Theresa May is planning to change this by taking a Bill through Parliament, to give everyone the same choices.
The Civil Partnership Act, which came into force in 2005, allowed same-sex couples to enter into civil partnerships and then in March 2014, it became legal for same-sex couples to marry. But mixed-sex couples have only been able to marry up until now. The proposed change in law is a result of a recent Supreme Court’s ruling.
What are the differences between a civil partnership and a marriage?
Civil partners benefit from a legally recognised relationship which includes many of the same rights as married couples with regards to inheritance, tax benefits, social security and pensions. However, they avoid the religious connotations of marriage and could be a popular option for those who believe that marriage is an age-old institution.
The process of forming a civil partnership varies from that of getting married. Firstly, no ceremony is required like in a traditional marriage but both parties must sign a civil partnership document in front of a registrar and two witnesses. Secondly, vows do not need to be exchanged and the father is not required to ‘give away’ his daughter.
In addition, marriage certificates only include the fathers’ names of the parties getting married but on a civil partnership certificate, both parents of the couple are named. Civil partners are also not allowed to refer to themselves as ‘husband’, ‘wife’ or ‘married’ but would instead call themselves ‘civil partners’.
How does your relationship status impact the distribution of your estate in the event of death?
If you do not have a valid Will, it would mean that your estate would be deemed intestate and your assets would be distributed following the rules of intestacy. In England and Wales, that would mean that your husband, wife or civil partner would keep all of your assets (including any property) up to the value of £250,000. In addition, they would be entitled to all of your personal possessions, no matter what their value. If the estate is worth more than £250,000, anything above this amount would be divided in half between the spouse or civil partner and the deceased’s surviving children. If their child had predeceased, their own children would inherit in their place.
But if you have a valid Will, your estate will be administered in line with the wishes you’ve left in your Will so you could choose to leave the whole of your estate to your spouse, partner or someone else.
However, many people are unaware that cohabiting couples are treated as single individuals in the event of death. If you were one half of a cohabiting couple and you were to die without a Will, your partner would not receive any of your assets. Instead, if the deceased had children the estate would be shared equally between the children or their descendants. If they didn’t have children and their parents were still alive, the estate would be shared equally between the parents. If there were no living parents, the estate would pass to siblings, followed by half-brothers/sisters, living grandparents, aunts/uncles or their children, and half-aunts/half-uncles or their children. If the deceased had none of these relatives, the whole estate goes to the Crown. These rules apply to England and Wales.
So, will more cohabiting couples be inclined to enter into a civil partnership?
There are 3.3 million cohabiting couple families in the UK and this is the fastest growing family type. In today’s modern age, it appears that more couples are deciding to cohabit and perhaps objection to marriage could be a contributing factor for this rise. The introduction of civil partnerships for mixed-sex couples could be the answer for those who want the legal and financial security of marriage but do not actually want to get married.
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