Civil partnerships for mixed-sex couples are about to become legal. With more than three million unmarried couples in England and Wales, the Government predicts that uptake could be as high as 84,000 in the first year, with numbers stabilising at around 30,000 a year by 2029.

Civil partnerships entitle couples to the same legal treatment in terms of tax, pensions, inheritance and next-of-kin arrangements as if they were married.

Until now, civil partnerships have been reserved for same-sex couples and they represented the only way for many people to formalise their relationship until the introduction of same-sex marriage in 2014.

What led to the change?

In October 2014, Rebecca Steinfield and Charles Keidan tried to form a civil partnership at their local town hall, only to be told that civil partnerships were only reserved for couples of the same sex.

Following this, Rebecca and Charles launched a judicial review, which allows individuals to challenge the law. Their position was that they had "deep rooted and genuine ideological objections to marriage". Their barrister said matrimony was "historically heteronormative and patriarchal" and the couple's objections were "not frivolous".

The Supreme Court unanimously ruled that the Government's refusal to allow mixed-sex couples to enter into civil partnerships was incompatible with human rights law.

Following the Supreme Court's ruling, the Government pledged to allow mixed-sex couples to enter into civil partnerships, and the Civil Partnerships, Marriages and Deaths (Registration etc.) Act 2019 received Royal Assent on March 26, 2019.

What next?

Secondary legislation is still required before those provisions can become law. Following recent approval from the House of Lords, the Secretary of State is required to issue the regulations allowing for mixed-sex civil partnerships by December 31. The reforms will be extended to Scotland and Northern Ireland too.

  • Nigel Mears is a partner in the family law team at award-winning law firm VWV, which has offices in Clarendon Road, Watford