Heterosexual Couple Win Civil Partnership Case
Many of you will have heard the recent news reports of the Supreme Court ruling unanimously in favour of a heterosexual couple who did not want to get married, but sought instead to enter into a Civil Partnership.
Rebecca and Charles's Case
Rebecca Steinfeld and Charles Keidan met in 2010 and have two children together. They are in a committed relationship but felt that marriage did not suit their relationship and was out-of-date. They did not want to align themselves with any particular religion. They also thought that marriage was patriarchal, as women are given away by their fathers and there is a suggestion that they should "obey" their husbands. The couple said that a Civil Partnership would suit their relationship much better than marriage.
What Does the Law Say?
The law does not allow heterosexual couples to enter into a Civil Partnership. However, by contrast, same-sex couples are able to choose whether to enter into Civil Partnerships, or to marry, and therefore have the option to do what suits their relationship best.
On hearing Rebecca and Charles's case, the Supreme Court judges found that this inequality resulting from the Civil Partnership Act 2014, amounted to discrimination and was a breach of the couple's right to family life under the European Convention on Human Rights.
More specifically, the Court ruled that inequality in the treatment of different-sex and same-sex couples under the existing Civil Partnership legislation was incompatible with human rights standards. It ruled that the bar on different-sex couples entering into Civil Partnerships amounted to an interference with Article 8 (the right to respect for private life) and a breach of Article 14 (the prohibition on discrimination).
Following the Court's ruling, the couple’s Barrister, Karon Monaghan QC, stated that her clients had “deep-rooted and genuine ideological objections to marriage” and she described the ruling as a “resounding victory”.
Will Anything Change as a Result of This Decision?
Whilst this ruling does not require the government to change the current law, it remains to be seen whether it will action a change to allow everyone the choice and enable couples to enter into whichever arrangement suits their relationship the best.
Need Specialist Advice?
Our award-winning team of specialist family solicitors are experienced at advising on all types of cohabitation concerns and disputes, and can guide you through to finding a resolution to your particular needs.
If you have concerns or questions on any aspects of your relationship, please contact Samantha Hickman in our Family Law team on 0117 314 5435.
This article originally featured in Downtown in Business Birmingham.