Same-sex couples can now set the date

The Marriage and Civil Partnership (Scotland) Act 2014, which comes into force today, makes marriage of same-sex couples lawful in Scotland. It allows couples in a civil partnership to change this to a marriage, and for couples who are married to remain so, where one or both of them changes legal gender. The discrepancy in dates is because couples have to give 14 days’ notice before a marriage ceremony can take place.

If civil partners want to convert their partnership into a marriage they can either make an application to the General Register Office for conversion (no fee for the first year), or they can go through a full marriage ceremony.

Legally the rights that civil partners and married couples have are exactly the same – the same right to inherit, to be supported by your spouse or civil partner, to a settlement on divorce, to pension benefits, to give consent to medical treatment as next of kin and so on. In addition, arrangements to manage your affairs, such as Wills, pre-nuptial or pre-civil partnership agreements, and any agreement dealing with your property are the same. However, if a couple is considering marriage, it may be an appropriate time to review and update your existing arrangements.

There are differences between marriage and civil partnership, however there is little practical effect for most couples:

• The way that the relationship is formed legally is different
• Civil partners living abroad may be treated differently from married same-sex couples in certain countries
• Adultery is a ground for divorce, but not a ground for dissolution of a civil partnership
• Adultery is defined in the exactly the same way for opposite and same-sex marriages. In a same-sex marriage a spouse will only be committing adultery if he or she is unfaithful with someone of the opposite sex. Being unfaithful with someone of the same sex won’t count as adultery. It would, however, undoubtedly count as unreasonable behaviour.

This legislation is significant because it offers same-sex couples the same rights as heterosexual couples. Hogmanay will see the first wedding ceremonies for same-sex couples celebrating their commitment to each other.