HETEROSEXUAL COUPLE DENIED CIVIL PARTNERSHIP
23 February 2017 by Suzanne Thomas
A heterosexual couple have been denied a civil partnership.
This would have enabled them to secure legal recognition of their relationship in a way other than marriage. Same sex couples can choose either civil partnership or marriage. The couple argued that the same choice should also be available to non-same sex couples. It had been put forward on their behalf that to deny them this choice contravened the couple's human rights. In particular, this was not compatible with Article 14 when taken together with Article 8 which relates to respect for private and family life. This decision confirms that the Civil Partnership Act 2014 only applies to same sex couples. Opposite-sex couples who live together who do not wish to marry are therefore left vulnerable. They have more limited rights relating to joint property and assets if they separate. Also, exemptions available to married couples in respect of Inheritance Tax and Capital Gains Tax are not available to them.