Since our last issue of Lindsays Life, an important legal change has taken effect in Scotland, giving mixed-sex couples more choice over how to take their relationship forward
The change in the law means that since June this year, all couples in Scotland, whether same sex or mixed sex, now have the choice between marrying or forming a civil partnership. Before then:
- same-sex couples already had both options
- mixed-sex couples could only marry.
As a result of this anomaly being dealt with, Scotland is now in alignment with England and Wales, where all couples have had the marriage versus civil partnership choice since December 2019, following a long legal campaign.
"...the change of law means that the decision to marry or form a civil partnership is now very much a matter of personal choice for all couples. "
How to choose?
The legal differences between marriage and civil partnership are slight. The rights available to a married couple and civil partners are the same when it comes to issues such as inheritance, ‘matrimonial’ property, financial support and being recognised as ‘next of kin’, and both require a 29-day notice period before the ceremony. Small differences include:
- language: a marriage is ended by divorce whereas a civil partnership is ended by ‘dissolution’
- formalities: a marriage is formed by verbal vows, and a civil partnership by signing a document
- breakdown: adultery is a ground for divorce but not for dissolution.
Those small points aside, the change of law means that the decision to marry or form a civil partnership is now very much a matter of personal choice for all couples. It could depend on your (or your families’) faith, whether you consider marriage old-fashioned, or whether you have had a previous marriage and want to do things differently second time around.
Other points to consider
Whichever you choose, civil partnership or marriage, it’s advisable to discuss making a prenuptial or pre-partnership agreement. These simple legal documents can help you ‘ringfence’ assets that you bring to your relationship and certainly aren’t just for the rich or distrustful. You can read more about them in our article in this issue on prenups.
