The Extension of Civil Partnerships to Opposite-Sex Couples
Last year, Rebecca Steinfeld and Charles Keidan, won a landmark case in the Supreme Court to be entitled to a civil partnership rather than marriage (please see our blog Restricting Civil Partnerships to Same-Sex Couples Breaches Human Rights 12th July 2018). It was considered discriminatory that an opposite-sex couple only has the option of marriage, whereas same-sex couples now have two options to formalise their relationship-marriage or civil partnership.
Civil partnerships were introduced in 2004 to enable same-sex couples to access similar rights, responsibilities and protections as those afforded by marriage. Marriage was not available to them until legislation in 2013, which allowed same-sex couples to marry but also convert their civil partnership to a marriage if they wished.
Following this extension of marriage to same-sex couples, the number of civil partnerships fell. It seemed that civil partnerships might become a thing of the past, especially as, by and large, marriage and civil partnerships give each party the same rights and claims upon the breakdown of the relationship. However, following the Steinfeld and Keidan case, the government has recently published plans to change the law to extend civil partnerships to opposite-sex couples and allow a “window” of opportunity for them to convert from marriage to a civil partnership.
In July 2019, the government published its consultation paper “Implementing Opposite-Sex Civil Partnerships: Next Steps”. The Minister for Women and Equalities, introducing the paper said:
“There are all sorts of reasons why people may choose not to marry, but for a long time it has been the only option for many wanting the legal security it provides. Last year the Prime Minister announced government would support the extension of civil partnerships to opposite-sex couples. This is a fantastic step, providing an alternative to marriage for these couples. We must now consider those who didn’t have this as an option previously ...”
As well as proposing opposite-sex couples be allowed to form civil partnerships, the government was seeking views on allowing opposite-sex couples a limited window of opportunity to “convert” their marriage to a civil partnership and then bringing all conversion rights, including the existing right for same-sex couples to convert from a civil partnership to marriage, to an end. The purpose of providing a limited period for conversion is to allow opposite-sex couples a “one-off” opportunity to access a legal relationship that was not previously available to them but thereafter, it will be “new” opposite-and same-sex couples that have the two options available to them.
The consultation will close on 20th August 2019. It remains to be seen whether the government take this next step and, if so, how many married couples decide to make the conversion.
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