What are civil partnerships, and what rights do they give you?

Key Points

- A civil partnership is a legally recognised union available to both same-sex and opposite-sex couples in England and Wales since 31 December 2019, giving partners the same financial and property rights as married couples.

- Since 27th February 2023, the minimum age to form a civil partnership is 18; the previous rule allowing 16 and 17-year-olds to register with parental consent was abolished by the Marriage and Civil Partnership (Minimum Age) Act 2022.

- A civil partnership ends by dissolution, not divorce; the no-fault dissolution process introduced by the Divorce, Dissolution and Separation Act 2020 has applied since 6th April 2022, requiring only a statement that the partnership has broken down irretrievably.

- On dissolution, the court has the same powers to make financial orders as it does on divorce, covering property adjustment, maintenance, pension sharing, and lump sums under Schedule 5 to the Civil Partnership Act 2004.

- Same-sex civil partners can convert to a marriage for a fee of £55; opposite-sex civil partners have no equivalent conversion route in England and Wales.

A civil partnership is a legally recognised union that gives both partners the same financial and property protections as marriage, without requiring them to marry. It was originally introduced for same-sex couples by the Civil Partnership Act 2004 and extended to opposite-sex couples on 31st December 2019 following the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.

The extension to opposite-sex couples was significant for many long-term couples who wanted legal recognition of their relationship but objected to, or simply did not want, the institution of marriage. Since that change, the number of opposite-sex civil partnerships formed each year has grown steadily, and Solihull residents should understand what the status involves, how it differs from marriage in practical terms, and how the partnership ends if the relationship breaks down.

A civil partnership gives you none of the protections afforded by a formal legal status unless it is properly registered. If you and your partner separate without that formal status, financial claims against property and income are governed by a completely different and much more limited body of law.

How a Civil Partnership Is Formed

To register a civil partnership in England and Wales, both partners must be aged 18 or over, must not be within the prohibited degrees of relationship set out in Schedule 1 to the Civil Partnership Act 2004, and must not already be in a civil partnership or marriage. Each partner gives notice to the register office for the area in which they have lived for at least the previous seven days, and the details are displayed publicly for 28 days to allow objections. Subject to no objection, the couple can then register at any approved venue.

Registration takes place when both partners sign the civil partnership document in the presence of a registrar and two witnesses. No words are required to be spoken; the ceremony is a matter of choice rather than legal requirement. Any venue approved for civil marriages can also register civil partnerships, though religious premises cannot be compelled to hold them.

The minimum age rule deserves particular attention. Before 27 February 2023, a 16 or 17-year-old could register a civil partnership with the consent of a parent or guardian. That rule was abolished by the Marriage and Civil Partnership (Minimum Age) Act 2022, which came into force on 27th February 2023. Both parties must now be 18. There are no exceptions, regardless of parental approval or court consent. This change was made to protect young people from forced partnerships.

Costs vary by venue and local authority. Each partner pays a notice fee to their register office; a registrar's attendance fee applies at the venue. For couples who want to understand the approximate outlay in advance, the relevant register office is the right starting point.

Suppose a Solihull couple, one aged 20 and one aged 35, want to formalise their relationship without marrying. They give notice at Solihull Register Office, wait 28 days, and sign the civil partnership document at an approved venue of their choice. From that moment, each partner acquires the full range of rights and responsibilities described below.

Rights and Responsibilities of Civil Partners

The rights that flow from registration are substantial and closely mirror those in marriage. This is not coincidence: Schedule 5 to the Civil Partnership Act 2004 replicates the financial remedy framework that applies on divorce under the Matrimonial Causes Act 1973, and the two bodies of law are applied by the courts in effectively the same way.

On the death of a civil partner, the survivor has the same inheritance rights on intestacy as a surviving spouse. If the deceased leaves no will, the survivor receives a statutory legacy (currently £322,000 if there are children of the relationship) and a share of the remainder, under the Administration of Estates Act 1925 as amended. Where a will is left, the survivor has the right to inherit what the will provides; they cannot be entirely excluded under the intestacy rules. Civil partners are also exempt from inheritance tax on assets passing between them, in the same way as spouses.

In terms of taxation, civil partners benefit from the marriage allowance, the married couple's allowance where applicable, and the transfer of assets between them without triggering capital gains tax or inheritance tax. These tax advantages exist only where the partnership is formally registered; cohabitants who are not civil partners do not have them.

Civil partners acquire home rights under the Family Law Act 1996, giving each of them the right to occupy the family home regardless of which partner owns it. Each partner has the right to apply for domestic abuse protection orders on the same basis as a spouse.

For state pension purposes, a civil partner can claim pension entitlement based on their partner's National Insurance record. On dissolution, the court can make pension sharing and pension attachment orders in the same way as on divorce.

The intestacy rules do not guarantee that the survivor receives everything. Where the estate is larger than the statutory legacy and there are surviving children, part passes to those children rather than to the partner. Civil partners who have not made wills should consider whether the default distribution under the intestacy rules reflects what they actually want.

If you are in a civil partnership or are considering one, it is worth speaking to a solicitor about a civil partnership agreement or cohabitation arrangement so that both partners understand their position from the outset.

How a Civil Partnership Ends

A civil partnership can be ended during the lifetime of both partners only by dissolution through the court. Separation alone, however long, does not end the legal status. The same is true of informally agreeing to go your separate ways.

Since 6th April 2022, dissolution in England and Wales has operated on a no-fault basis under the Divorce, Dissolution and Separation Act 2020, which amended the Civil Partnership Act 2004. There is now one ground for dissolution: that the civil partnership has broken down irretrievably. The applicant (or both partners jointly) makes a statement to that effect; no evidence of conduct, fault, or separation period is required.

The process has two stages. Once the application is issued and the court fee of £612 paid, a mandatory 20-week reflection period runs before either partner can apply for a conditional order. After the conditional order is made, a further six-week period must elapse before either partner can apply for the final dissolution order, which ends the civil partnership. The minimum period from application to final order is therefore roughly six months, though proceedings involving financial disputes routinely take longer.

Couples must have been civil partners for at least one year before they can issue dissolution proceedings.

Financial provision is dealt with separately from the dissolution itself. The court has wide powers under Schedule 5 to the Civil Partnership Act 2004, including the power to make orders for periodical payments, lump sums, property adjustment, sale of property, pension sharing, and pension attachment. The factors the court weighs are set out in paragraph 21 of Schedule 5 and include the welfare of any children, the income and earning capacity of each partner, their financial needs, the standard of living enjoyed during the partnership, and contributions made by each partner. This is the same framework applied on divorce, and the case law on financial remedy proceedings in marriage cases applies equally to civil partnership dissolution. The Pearcelegal family law team advises on both the dissolution process and financial remedy applications.

Converting a Civil Partnership to a Marriage

Some same-sex civil partners wish to convert their partnership into a marriage. This is possible in England and Wales through a straightforward administrative process at a register office. The partner signs a declaration of conversion; the resulting marriage certificate is dated from when the civil partnership was originally formed.

The current fee for a standard conversion is £55, plus £12.50 for the marriage certificate. A ceremony at an approved venue can follow the conversion, at a separate cost.

Opposite-sex civil partners cannot convert their civil partnership into a marriage in England and Wales. Legislation has not provided for this route, and no change was in force as of the date this article was reviewed. Opposite-sex couples who want to marry must form a separate marriage; the civil partnership would need to be dissolved first, or they can treat them as separate matters as the law does not automatically terminate the civil partnership upon forming a marriage.

Frequently Asked Questions

Can a 17-year-old enter a civil partnership with parental consent?

No. Since 27th February 2023, the minimum age for a civil partnership in England and Wales is 18, and there are no exceptions. The Marriage and Civil Partnership (Minimum Age) Act 2022 abolished the previous rule that allowed 16 and 17-year-olds to register with parental or judicial consent.

Is a civil partnership the same as a common law marriage?

No. A civil partnership is a formally registered legal status that the law treats as equivalent to marriage for most purposes. The concept of a "common law marriage" has no legal basis in England and Wales: couples who live together without registering a civil partnership or marrying have no automatic rights to each other's property or income if the relationship ends, regardless of how long they have been together. If you live with a partner outside a formal legal status, specialist advice on cohabitation rights is worth taking before a dispute arises.

What happens if a civil partner dies without a will?

The surviving civil partner inherits under the intestacy rules in the same way as a surviving spouse. Where the deceased leaves children, the survivor receives a statutory legacy of £322,000 plus a half share of any remainder; if there are no children, the survivor inherits the entire estate. Making a will remains advisable, because intestacy rules may not reflect the couple's actual wishes, particularly where one or both partners have children from earlier relationships. Seeking legal advice on will planning is strongly recommended.

Does dissolution affect my state pension?

Yes. On dissolution, you can apply for a pension sharing order, which divides your former partner's pension fund between you, or a pension attachment order, which directs a proportion of pension income or lump sum to you when it is paid. You may also be able to claim a state pension based on your former partner's National Insurance record for the period of the partnership. The specific figures depend on your own contribution record and retirement age.

Can opposite-sex civil partners convert their partnership to a marriage?

No. As of the date this article was reviewed, there is no legal mechanism in England and Wales for an opposite-sex civil partnership to be converted into a marriage. Same-sex civil partners may convert, but the legislation has not extended that option to opposite-sex couples.

About the Author

Stephanie Howard (SRA number 432274) is a Director of Pearcelegal and Head of the firm's Family and Litigation department. Admitted as a solicitor in 2015, she advises on the full range of family work, including divorce, financial remedy proceedings, child arrangements, civil partnerships and cohabitation disputes, alongside general civil litigation and contentious probate. Stephanie joined Pearcelegal in 2014, was promoted to Associate in 2021, took over the Family and Litigation team in 2023 and was appointed a Director in April 2026. She is regulated by the Solicitors Regulation Authority (SRA ID 432274).

Last reviewed: 8th June 2026.