The following Family guidance note provides comprehensive and up to date legal information covering:
When introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2 December 2019 the Civil Partnership (Opposite-sex Couples) Regulations 2019 (CP(O-sC)R 2019), SI 2019/1458 are in effect and the eligibility criteria in CPA 2004 amended to allow opposite-sex couples to register a civil partnership in England and Wales.
The extension of civil partnerships to opposite-sex couples followed a campaign for civil partnerships to be made available to opposite-sex couples, some of whom may choose not to marry for personal reasons. In R (on the application of Steinfeld) (Appellants) v Secretary of State for the International Development, the Supreme Court found that the provisions in CPA 2004 preventing opposite-sex couples from entering into a civil partnership were incompatible with the European Convention on Human Rights. The Supreme Court made a declaration of incompatibility and rejected the respondent’s argument that European Court of Human Rights case law required a wide margin of appreciation in relation to the timing of legislative change to recognise different forms of relationship. See also News Analysis: Different-sex couples’ exclusion from civil partnerships is discriminatory (R (Steinfeld) v Secretary of State for International Development). Following that decision, the Government announced its intention to consult on planned refo
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234