A Quick Guide to ‘Gay Marriage’ in the UK

A symbolic marriage cake in favor of allowing gay marriages in Italy not only to heterosexual couples but to lesbian and gay ones as well. Picture by Giovanni Dall'Orto, January 26 2008. (Photo credit: Wikipedia)

The topic of same-sex marriage, or gay marriage as it is more colloquially referred to, is very much on the public agenda following President Barack Obama’s recent public backing for its legalisation and the current consultation being carried out here in the UK by the coalition government. It is therefore an apposite time perhaps to take a look at the status of same-sex unions in the UK.

The Legality of ‘Gay Marriage’
Gay marriage is still not legally recognised in the UK, whether it be a civil gay marriage or a religious one. There is currently no circumstance in which members of the same gender can be legally married, even if one member of the partnership has undergone gender change. The incumbent coalition government have pledged to investigate legalising gay marriage for England and Wales before the next general election and as mentioned above there is an ongoing consultation process to achieve this; as there is in Scotland under the Scottish National Party’s leadership. The political and social landscape is fast evolving on the issue with the Conservative and Labour parties joining the Liberal Democrats in supporting its legalisation since the last election, seemingly reflecting increasing public support for the idea. As a result it looks increasingly likely that civil gay marriages will be legally recognised across the UK within the next couple of years.

Until then the only option open to same-sex couples looking to formalise their relationships is that of civil partnerships.

Civil Partnerships
Civil partnerships have been in place in the UK since 2005 allowing same-sex couples to obtain the same legal recognition that mixed sex marriages benefit from. They have, however, been kept legally distinct from marriage and cannot be referred to in any context using the term “marriage” (although they often are colloquially). Even individuals undergoing gender changes are required to dissolve their marriage before doing so, as mentioned above, although they are given dispensation to enter a civil partnership the same day.

Couples in a civil partnership therefore enjoy the same legal rights and responsibilities bestowed upon each member of the union as those in both civil and religious marriages. These incorporate the financial implications surrounding tax (including inheritance tax exemptions) and the calculation of benefit entitlements and pensions, in addition to the fact that same-sex civil partners enjoy the same property rights as married couples, recognition in life assurance policies as well as the status of next of kin in, for example, medical scenarios. Moreover, the partner who is not the biological parent of a child in a civil partnership has the ability to apply for full parental responsibility akin to that of step parent in a marriage, whilst couples who are unable to have biological children also have the same rights as married couples to adopt (except in Norther Ireland).

There are further similarities between the concepts of marriage and civil partnership in regard to how individuals can enter into their union. With both, they must be over 16 years of age and cannot already be married or in a civil partnership at the time. Civil partnership ceremonies can even be conducted in religious venues although akin to civil marriages they can’t involve any religious elements (readings, music etc) during the ceremony itself.

What’s more, if a couple come to the stage where they wish to separate, although the process is not technically referred to as a divorce, instead a dissolution, it is a comparable process (barring the ability to use adultery as a sole reason for dissolution). As a consequence of the equivalent financial and legal entanglements involved with civil partnerships, those wishing to do so will need to resolve the same issues when they do dissolve their partnership and can be faced with the same responsibilities such as child maintenance going forward. Couples can even decide to draw up prenuptial agreements just as they would for a marriage to aid with these resolutions if the time comes.

All these similarities lead many to refer to civil partnerships as “marriages by any other name” and as is the case with conventional marriage any good family law firm should be able to guide you through the processes involved in entering into as well as dissolving a civil partnership in that eventuality.

© Stuart Mitchell 2012
If you want to find out more about the legal aspects of civil partnerships in the UK, including their dissolution, then you can visit Family Law Solicitors London.