Divorce And Civil Partnership Dissolution What Are The Differences?

The most obvious difference between marriage and civil partnership is that marriage is not currently available to same sex couples

. In the same way, under the 2004 Civil Partnerships Act, civil partnerships are only available to same sex couples.

The actual ceremonies are also very different, when the registration certificate is signed, the civil partnership becomes legal. A marriage usually involves the exchange of words or "vows" before the register is signed. There is rarely a religious aspect associated with civil partnerships, whereas many marriages don't have any religious aspects involved. Additionally, only certain registrars can legally register a civil partnership, whereas marriages are conducted by clergymen and other religious figures.

Marriage ceremonies are the same as civil partnership ceremonies in certain ways. For example, public notice must be given before the ceremonies take place, and both ceremonies have a waiting period of fifteen days. Providing there are no objections made in that fifteen days, the couple can register their marriage or partnership within the following twelve months. Married couples and civil partners receive very similar legal rights. Both are treated the same in many ways, including but not limited to: tax credits, employment benefits, most pension benefits, inheritance tax, ability to submit an application for parental responsibility of children from outside the current marriage or partnership, and protection from domestic violence.

Marriages and Civil partnerships are brought to an end in different ways. Although people use the term "civil partnership divorce", this term does not exist in reality. The correct legal term for "civil partnership divorce" is actually civil partnership dissolution. Where a married couple can get a divorce, civil partners can get civil partnership dissolution. A difference between ending a marriage and a civil partnership is that adultery cannot be used as a reason to end the partnership; because by definition, adultery refers to extra-marital relations in couples of the opposite sex.

A civil partnership is legally ended through a dissolution order, whereas a marriage is legally ended through a decree absolute. Under certain conditions, separation may be an option for both a married couple and civil partners. The processes of divorce and civil partnership dissolution are also very similar. Both can be costly, lengthy and distressing processes. There are many things to take into account, such as the distribution of assets and property, future living arrangements and acting in the best interests of any children involved. If you are in a civil partnership that is coming to an end, it is advisable to seek professional legal advice from divorce solicitors specialising in civil partnership dissolution.

by: Tim Bishop

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