Couple lose civil partnership case

The rights of same sex couples to enter into first a civil partnership and more recently, marriage, have been hard won. A civil partnership is a legally recognised relationship between two people of the same sex. A civil partnership only exists once it is registered and once registered, it confers the same rights and responsibilities as marriage.

However, an interesting campaign by a heterosexual couple has just been heard in the Court of Appeal.

They argued that they did not want to get married on the basis that it was not suitable for them and should be permitted to enter into a civil partnership instead. 

The Same Sex Couples Marriage Act 2014 extended the right to marry to gay couples, who can now choose between civil partnership and marriage. The couple contend that the same choice should be available to all couples.

They lost their appeal on the basis that they did not meet the legal requirement of being the same sex.

The interesting issue is that the decision was a very close run thing and all three Judges accepted that there was a potential breach of the human rights of the couple involved and observed that they Government should have more time to decide on the future of civil partnerships.

The couple said:

'We lost on a technicality - that the government should be allowed a little more time to make a decision.

So there's everything to fight for, and much in the ruling that gives us reason to be positive and keep going. The Court of Appeal has made it clear the status quo cannot continue.  The government should now recognise the benefits of opening civil partnerships to mixed-sex couples.  The measure is fair, popular, good for families and children, and long overdue.'

They intend to appeal to the Supreme Court.

This will be an interesting issue to follow. As a matter of policy, a Conservative government is unlikely to want to introduce civil partnerships for heterosexual couples on the basis that it might undermine marriage.

This means that until any legal changes are introduced which may introduce rights for co-habiting couples, they still have no automatic pension and property rights and little entitlement on the death of their partner.

If you are in a co-habiting relationship and want to protect your positon by making a will or clarifying how your property is owned, contact us.