Differences between marriages and civil partnerships
Choosing the right option for you
All couples in England and Wales, whether same-sex or opposite-sex, have the legal right to choose either marriage or civil partnership to formalise their relationship.
Both options provide the same legal rights and responsibilities. These cover income, inheritance, parental responsibility, assets, liabilities and pensions.
The option you choose is entirely personal. The information below may help you decide which is right for you.
Who can form a marriage or civil partnership?
You can form either a marriage or a civil partnership if:
- you are both aged 18 or over
- you are not already in a legal marriage or civil partnership
- you are not closely related to one another
This applies to both same-sex and opposite-sex couples.
How marriage is formed
To get married, you must say a legally required set of words to each other during your marriage ceremony. These are known as the prescribed words and refer to ‘husband’ or ‘wife’, depending on your legal sex.
The legal requirements are:
- saying the prescribed words
- signing the marriage schedule
You do not need to exchange rings, make long vows or be ‘given away’. The ceremony can be simple and intimate if you prefer.
You can choose a marriage ceremony that suits your preferences, as long as it includes the prescribed words.
A marriage ceremony is led by a Celebrant and a Registrar.
How a civil partnership is formed
To form a civil partnership, you do not need to say anything aloud. The legal process is completed by signing a civil partnership document.
You can still choose to hold a ceremony with guests, readings and personal promises if you wish. We can help tailor a ceremony that celebrates your relationship.
A civil partnership is completed in the presence of a Civil Partnership Registrar.
Witnesses
Whether you are marrying or forming a civil partnership, you need at least two witnesses. They must be present throughout and will sign the marriage schedule or civil partnership document.
For a marriage, you can choose up to four witnesses if you prefer.
There is no lower age limit for your witnesses, but they must be old enough to understand what is taking place and what they have seen and heard.
If you have used an interpreter during the ceremony, the interpreter will sign the marriage or civil partnership schedule as one of the witnesses.
Legal differences to consider
- You cannot legally refer to a marriage as a civil partnership, or a civil partnership as a marriage
- In a marriage, you can refer to each other as husband and wife
- In a civil partnership, you are referred to as civil partners
- Civil partnerships are not recognised in every country. If you are planning to move or work abroad, check that country’s laws before deciding.
- Unlike same-sex couples, opposite-sex couples cannot legally convert a civil partnership into a marriage. You would first need to have the civil partnership dissolved, and then enter into a legal marriage at a later date. This means there would be a period when you are not legally joined.
Ending a legal relationship
To end a marriage, you must apply to the courts for a divorce. To end a civil partnership, you need to apply for a dissolution.
Changing your name
You can use your marriage or civil partnership certificate to change your name, if you choose to do so.