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The Marriage (Same Sex) Bill was
given Royal Assent 17 July 2013 at
3.06pm and is due to come into effect
in spring 2014. But what does it
mean legally and practically?
WHAT IS MARRIAGE?
The definition of marriage in 1866 in a case called Hyde
v Hyde was that marriage is the voluntary union for life
of one man and one woman to the exclusion of all
others. Society has changed dramatically since 1866 and
the Marriage (Same Sex) Bill reflects this, allowing us to
widen the definition to the voluntary union for life of
one person and another to the exclusion of all others.
ARE THERE ANY DIFFERENCES BETWEEN BEING MARRIED
RATHER THAN IN A CIVIL PARTNERSHIP?
Marriage will now be open to same-sex and heterosexual
couples. Civil partnership is only available to same-sex
couples. Civil partnership was introduced against a
background of objection to same-sex marriage, although
there is little practical difference between marriage and a
civil partnership. Civil partners have the same rights as
married couples in relation to property, social security,
pensions, inheritance tax and next of kin, and can
acquire parental responsibility for a partner’s child.
The bill provides for a review of civil partnership in light of
the changes to marriage and will provide for a public
consultation. One of the issues to consider will be whether
to open civil partnership up to heterosexual couples.
CANWE CONVERT OUR CIVIL PARTNERSHIP INTO A
MARRIAGE?
If you have entered into a civil partnership it will be
possible to convert your status to a married couple if
your partnership was registered in England or Wales.
There is no obligation to do this; it is a personal choice
and a decision for you as a couple.
WILL THERE BE A DIFFERENCE BETWEEN SAME-SEX
MARRIAGE AND HETEROSEXUAL MARRIAGE?
Under the current provisions for same-sex marriage in the
unfortunate event that the marriage breaks, regardless of
whether it is a same-sex or a heterosexual couple, it will
only be possible to rely on adultery in a divorce if that
adultery takes place with a person of the opposite sex.
At present couples in a civil partnership cannot dissolve
the partnership on the basis of adultery. This has been a
controversial approach and one that creates debate
about whether equality has truly been achieved.
CANWE GET MARRIED IN A CHURCH?
You can have a civil or religious wedding, but it is only
possible to have a religious wedding if the religious
group ‘opts in’ and with the exception of the Church of
England this is an option open to all religions.
WILL OUR MARRIAGE BE RECOGNISED ABROAD?
Same-sex marriage is becoming law in many countries
across the world including, most recently, France and
New Zealand. However there is no international
harmonisation of the law to say your marriage will be
recognised abroad. It is likely to be recognised in
countries where same-sex marriage is legal.
For more information and assistance please contact
Gemma Davison at Johnson & Gaunt Solicitors on
01295 759410 or gdavison@johnsongaunt.co.uk
If you have entered into a
civil partnership it will be
possible to convert your
status to a married couple
pink weddings magazine 73
The new law
Same-sex marriage has just been given the legal
go-ahead, but what will it actually mean? Solicitor
Gemma Davison
answers the key questions
Shall we get
Married?