Pride & The Law Around Same-Sex Marriage

Posted by the team on 7th July 2023

Pride Parade down a street with flags balloons and streamers
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In honour of Pride Month, we at Bennett Griffin believe it is important to discuss and to celebrate how the law has evolved in relation to same sex marriage.

The Civil Partnership Act 2004 decreed that same sex partners were able to register a Civil Partnership, this meant there was legal recognition of a same sex marriage. At the time, this was a huge development in the Family law in England and Wales and its ground-breaking nature cannot be over-stated.

However, as much of a big step as this was, there was still more work to be done on the road to equality, as a Civil Partnership was not legally recognised as a marriage (even though they were almost identical to each other!).

Let’s have a quick look at the differences between a civil partnership and a marriage:

  • A marriage can be performed in a religious ceremony before signing a marriage certificate, whereas a civil partnership is formed without a religious ceremony and a civil partnership certificate is signed.
  • A marriage is ended by divorce by receiving a final order, whereas a civil partnership is ended by a dissolution order.
  • Lastly, a civil partner cannot call themselves ‘married’ as it states they are in a civil partnership.

Fast forward to 2013, this is when The Marriage (Same Sex Couples) Act 2013 was passed. This meant that same sex couples could marry in a civil or religious ceremony. Civil partners could also convert their civil partnership into a marriage.

Married individuals could change their legal gender without the marriage ending. Having the government finally recognise that this change was needed, brought about a HUGE and IMPORTANT step to making society a kinder place, as an individual’s gender should not come in the way of love and being able to get married, if that what a person would wish to do.

PLEASE COME CELEBRATE WORTHING PRIDE WITH US ON FRIDAY 7TH OF JULY FRIDAY AND SATURDAY 8TH OF JULY. OUR OWN FAMILY SOLICITOR SARAH PENNICOTT WILL BE THERE, SO COME SAY “HI!”

If you would like to discuss your situation and what steps you should take or consider, please feel free to contact our Family Law department on 01903 229999

The information contained in this article is for general guidance only and is not intended to be legal advice. Professional advice should always be taken on the application of the law in any particular situation.