2015 marks 10 years of civil partnerships and 1 year of same sex marriage. Civil partnerships became law on 5th December 2005 in England, Wales, Scotland and Northern Ireland. Same sex marriage was introduced in England and Wales on 14th March 2014.
The relevant statutes are the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013.
Following the notice period the first civil partnership ceremonies took place in England on 21st Dec 2004 and the first same sex marriage ceremonies were on 29th March 2014.
The law still allows same sex couples to enter into civil partnerships though people now prefer to opt for marriage. The latest available figures from the Office of National Statistics are for the period 29th March to 30th June 2014. During that time 1409 same sex marriages took place: 56% (796) were female couples and 44% were male couples (613). The ONS figures show that up to the end of 2013 there were 66,730 people in civil partnerships in the UK.
To convert a civil partnership into a marriage is currently free provided that the civil partnership did not take place before 29th March 2014; it will cease to be free from December 2015. Conversion is fairly straightforward and simply involves completing a declaration in the presence of a superintendent registrar. As it is a marriage, the conversion can be a formal ceremony in a licensed religious premises, hotel or stately home.
The foundation of same sex marriage in England and Wales is the Equalities Act 2010 which prevents any form of discrimination. Same sex marriage is a devolved issue in Scotland and Northern Ireland.
Same sex marriage became law in Scotland on 16th December 2014; the first ceremonies took place on 31st December 2014. Civil partnerships in Scotland can be converted in the same way as in England and Wales, again with no charge for the first year. Northern Ireland does not allow same sex marriage therefore only civil partnership is available. The Northern Ireland assembly rejected proposals for same sex marriage for fourth time on 27th April 2015.
The fact that there is no uniformity across the United Kingdom makes it difficult for a couple, for example, if one partner is from Northern Ireland where same sex marriage is not allowed. The international position is even more complicated. The law in England and Wales is that a valid overseas same sex marriage will be recognised. However, there are currently only 18 countries which allow same sex marriage.
Whether a foreign same sex marriage is recognised, or indeed whether a foreigner can enter into same sex marriage in England and Wales, is matter of international private law. This means each case has to be looked at individually and the relevant legal principles applied to the circumstances.
If both partners are not from England, Scotland or Wales the superintendent registrar has to ensure the marriage would be permitted with reference to the law in the country in which each partner is domiciled. If the marriage is conducted as lawful and later found to be invalid, this will impact on inheritance rights, pensions and, on separation, whether a financial claim can be made.
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