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Andrea WoelkeFor advice contact Andrea Woelke on 020 7407 4007 or email him. We do not do legal aid.

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Marriage (Same Sex Couples) Act 2013

 

 

Equal Marriage for Same-Sex Couples (Gay Marriage) in England and Wales

The UK Parliament passed the Marriage (Same Sex Couples) Act 2013 on 17 July 2013. This will allow same-sex couples to marry in England and Wales once it comes into force on 29 March 2014.

The introduction of equal marriage will end some but not all the discrimination against same-sex couples, which came about by having a separate institution of civil partnership.

Civil partnership will remain, although just as an alternative option for same-sex couples.

This page has information about:

Abolished Discrimination

Remaining Discrimination

Differences between Civil Partnership and Equal Marriage for Same-Sex Couples

Legislative Muddle

There are a number of points where the Marriage (Same Sex Couples) Act 2013 is in a muddle:

FAQs

Can I get married now?

If you are in a same-sex relationship, you will have to wait until the Act comes into force onb 29 March 2014. Alternatively, you can get married in another country which allows it. If you are not already civil partners, your marriage is recognised in England and Wales as a civil partnership now, but will be recognised as a marriage once the Act comes into force.

Can we convert our civil partnership into a marriage?

The Act provides only for those couples who registered in England and Wales to convert their civil partnership into a marriage. This will be possible later in 2014.

If you simply got married (here or abroad), your marriage would be void as you are already in a civil partnership. This is something you may want to challenge in court under the Human Rights Act.

We got married in Canada last year. What will our status be here?

Until the Act comes into force, you are treated as civil partners. Once it comes into force, you are treated as a married couple.

I am a male retired teacher and paid contributions for a widow’s pension in the 1980s, will my husband get a full widower’s pension when I die?

No, not under the Act as it is drawn up. However, this almost certainly contravenes EU equality legislation and this is challenged in the courts at the moment. The Act also compels the government to review this by 1 July 2014 and if the review finds the provisions should be changed, that can be done by the government and no new Act of Parliament is required.

We are living in London, but one of us is from another country. Should we go for marriage or civil partnership?

This is a tricky one and depends very much on your circumstances. For example, France at one stage recognised marriage of same-sex couples if they were both from the country where that was allowed (e.g. between two Dutch men), but it did not recognise UK civil partnership. It did change later after the UK government lobbied for it because some English couples who moved to live in France were facing high inheritance tax bills after one of them died. Portugal has equal marriage but it seems does not recognise civil partnership. If you can predict which other country is involved now and either you may inherit from that country, or have a house there etc. you should take legal advice from lawyers here in England and in that country. You should also go to a specialist to draft your wills.

We are both British but may retire in on the Med in the future, should we marry or become civil partners?

Again, this is a tricky one. If you become civil partners in England or Wales you could later convert that into a marriage (but not the other way round). If your move is some time in the future, it is impossible to predict the legal situation in any particular country at that time. You should get very good and specialist advice before you move and buy any property abroad.

We are already civil partners; do we have to upgrade? If we decide to do, do we have to pay another fee?

There is no duty to convert your civil partnership into a marriage. You do not have to do anything at all and can just remain civil partners. If you decide you want to convert your civil partnership into a marriage (and you registered your civil partnership in England or Wales), you probably will have to pay the same fee as anyone else who gets married, whether you want a full-blown wedding or whether you just want an administrative conversion. Remember you can only convert your civil partnership into a marriage later in 2014.

We live in Scotland; does it apply here too?

No, it does not, although the Scottish Parliament is dealing with its own proposal for legislation there. This may come into force at the same time (or earlier or later) than the Act in England and Wales.

For advice on your specific circumstances contact Andrea Woelke at Alternative Family Law: ring us on 020 7407 4007 (+44 20 7407 4007 from abroad) or email us (stating your full name, the full name of the other person in your case and your telephone number on which we can call you).

Please note that we do not have a contract to take on cases on legal aid. To check if you may be able to get legal aid please go to this government website and contact a solicitor who has a legal aid contract.

10 December 2013 by Andrea Woelke

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Disclaimer

This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.

We take no responsibility for the content of any web pages linked to outside Alternative Family Law.