I’m in a heterosexual relationship: can we enter into a civil partnership?

Question: My partner and I have been together for three years and have a child together. While we want to cement our relationship legally, we don’t want to get married. Can we enter into a civil partnership instead?

Answer:

Currently, the Isle of Man is the only part of the British Isles that allows heterosexual couples to enter into civil partnerships.

There are calls for the government to extend civil partnerships to make them available to opposite-sex couples too, with a landmark case recently taken to the Court of Appeal.

Rebecca Steinfeld and Charles Keidan reject traditional marriage values, so instead wish to formally acknowledge their relationship through a civil partnership to give them the same legal and financial protection as marriage.

During the hearing, the court judges agreed that the current law could potentially violate human rights under article 14 (prohibition of discrimination) taken with article 8 (right to respect for private and family life) of the European convention on human rights.

While all three judges agreed that the discrimination against heterosexual couples could not last indefinitely, one said the government needed to change the law immediately, while the remaining judges said ministers could have longer to review the situation.

By the narrow two-to-one decision, the government now has more time to review the law that prevents heterosexual couples from taking advantage of civil partnership arrangements.

During the ruling, Lord Justice Briggs said he could understand the frustration felt by many heterosexual couples, as under current rules they could suffer financial disadvantage if they opt not to marry, nodding towards a review of the law.

For more information on civil partnerships, or for advice on any family law matter, contact Janine Hutson on 01772 258321. Harrison Drury has a team of family solicitors based in Preston, Lancaster, Kendal, Garstang and Clitheroe.