Our recent blog post showing the evolution of rights for the LGBTQ+ community concluded in 2020 with the enactment of the Civil Partnership (Scotland) Act. The result of this Act was that all couples in Scots law would have the freedom of choice between marriage and civil partnership.
Traditionally, marriage has been rooted in religious ideals that are not for everyone. A civil partnership offers an alternative for couples who wish to formalise their relationship as civil partners, thereby obtaining the legal rights of married couples, without the labels. As a basic comparison of the two:
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Title: |
Civil Partnership |
Marriage |
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Pre-nuptial arrangements: |
A pre-nuptial agreement can be entered into regardless of whether you are entering a civil partnership or a marriage. |
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Ceremony: |
The ceremony for a civil partnership will always be civil in nature. The partnership is formed by signing a contract. |
The ceremony for a marriage can be religious or civil in nature. The marriage is formed by exchanging vows and signing a marriage certificate. |
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Ending: |
A civil partnership is ended by dissolution. There are two grounds for dissolution:
Adultery is not currently a ground for dissolution, due to its definition. If a one of the partners has been unfaithful, it may be possible to apply for dissolution on the ground of ‘unreasonable behaviour’.
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A marriage is ended by divorce. There are two grounds for divorce:
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Civil partners largely have the same rights and responsibilities as if they were a married couple, including on the division of assets upon dissolution and succession rights. With the exception of certain pension privileges, there are not really any significant differences.
If you are looking for advice on marriage, civil partnerships, divorce or dissolution, please contact Thorntons Family Law team on 03330 430150.
