Legislation Comes Into Effect Following Landmark Supreme Court Case

Opposite-sex civil partnerships can now be registered from today (31 December) following a landmark Supreme Court case last year.

The legislation, which allows opposite-sex couples to enter into a civil partnership, was formalised earlier this year and couples have been able to give notice of their registration since 2 December.

On the same day couples who had previously entered into the equivalent of a civil partnership, such as those entered into outside of the UK, were automatically made into civil partnerships.

Family lawyers are lauding the move as a step towards equality and progression in family law and hope the trend will continue.

Expert Opinion

“It is wonderful to wrap up this decade with equality on civil partnerships, as it is vital that both same-sex and opposite-sex couples feel as though they are included in every aspect of our society’s idea of family life.

Looking ahead at the next decade, there are still many battles yet to be won in the coming years when it comes to modern families. Transgender and gender-diverse rights are not up to standard when it comes to creating a progressive society where all rights are recognised.

At a time when Brexit dominates the legislative agenda, family lawyers will be hoping the mantle for change in family law will still continue to happen so we can bring parts of the law into the twenty-first century.” Scott Halliday - Senior Associate

In June 2018, the Supreme Court ruled in the high-profile Steinfeld & Keidan case that a lack of provision in the Civil Partnership Act 2004 for heterosexual couples to enter into a civil partnership was unlawful and in breach of human rights law.

Lord Kerr, one of the judges on the case, said the Government "does not seek to justify the difference in treatment between same-sex and different sex couples… to the contrary, it accepts that the difference cannot be justified."