By Natalie Popova, Legal Consultant | Express Law Solutions
Disclaimer: This article is for general information only and does not constitute legal advice. For specific guidance, contact Express Law Solutions.
Marriage vs Civil Partnership in England & Wales. Case Studies – Part II
Example 1: Unequal Contributions to Property Before a Civil Partnership
Emma and Daniel purchase a property as Tenants in Common, with Emma contributing £80,000 to the deposit and Daniel contributing £20,000. Two years later they register a civil partnership. The civil partnership does not change ownership shares, meaning they remain 80% / 20%. Without a Declaration of Trust, however, proving this division later becomes difficult. Upon dissolution, Daniel argues that contributions “evened out” over time, resulting in a dispute.
Example 2: Joint Tenants and Disinheriting Children Unintentionally
David and Sarah, both with children from previous marriages, buy a property as Joint Tenants. David dies unexpectedly without a will. Due to survivorship, Sarah automatically inherits David’s entire share and becomes sole owner. David’s children receive nothing, despite verbal agreements that “the house will be split between the families.” This creates long-term conflict and an expensive legal challenge.
Example 3: International Couples and Legal Recognition Issues
A couple in a civil partnership relocates to Dubai for work. The UAE does not legally recognise civil partnerships.
As a result:
- The partner cannot be added to employer health insurance;
- Immigration rights differ from those of married couples;
- The civil partner cannot act as next of kin in medical emergencies.
If they had chosen marriage, these issues would not arise.
Example 4: Cohabiting Couple and Intestacy Disaster
Lucy and Ahmed live together for 17 years, raise two children, and jointly pay the mortgage. They never marry or enter a civil partnership. Ahmed dies suddenly without a will. Lucy has no automatic inheritance rights and receives nothing under intestacy law. Ahmed’s estate is legally inherited by his children (minors), placing Lucy at risk of losing the family home. This outcome could have been avoided by:
- marriage or civil partnership;
- a will;
- declaration of trust.
Example 5: Same-Sex Couple and Parental Responsibility
Two women conceive a child through IVF at a licensed clinic. Because they are married/civil partnered at the time of conception, the non-birth mother automatically has parental responsibility.
Had they been unmarried/unregistered, the non-birth mother would need:
- to be on the birth certificate, or
- a parental responsibility agreement, or
- a court order.
Example 6: Prenuptial Agreement Saving a Family Business
Before marrying, Olivia signs a pre-nuptial agreement stating that her husband Daniel will not claim against her family-owned business valued at £3 million. Years later the marriage ends.
The court upholds the pre-nup (Radmacher principles), protecting the business asset because:
- both parties had independent legal advice;
- there was full financial disclosure;
- the agreement was fair.
A similar agreement could have been made before a civil partnership.
Example 7: Civil Partnership Without Ceremony – Administrative Mistake
Tom and James enter a civil partnership but skip a ceremony, believing the registration alone is enough. They sign the Civil Partnership Schedule but fail to give proper notice due to misunderstanding the process. The partnership is later declared invalid because the statutory preliminaries were not fulfilled. This would not have happened if they had received legal advice prior to registration.
Example 8: Opposite Sex Couple Preferring Modern Terminology
Hannah and Mark dislike the gendered terms “husband” and “wife.” They prefer to describe one another simply as “partner.” Because of this, they choose a civil partnership rather than marriage, while still enjoying identical legal rights under UK law. This avoids the symbolic and cultural associations they do not identify with.
Example 9: Property Purchased After Marriage Without Declaration
Sarah and Michael marry and later buy a home. Both contribute equally to the mortgage, yet the deposit is paid entirely by Sarah from her inheritance. Title is registered as Joint Tenants. Years later, during divorce, the court considers the whole home a matrimonial asset and divides it equally, despite Sarah’s deposit. A Declaration of Trust at the time of purchase would have protected her contribution.
Example 10: Blended Family and Tenants in Common
James and Ruth, both previously married, each have adult children. They buy a home together as Tenants in Common with equal shares and create wills leaving their shares to their respective children. This structure protects both families and avoids conflict upon death. It also prevents automatic survivorship unintentionally disinheriting children.
Example 11: Elderly Couple Choosing Civil Partnership for Tax Purposes
Two older individuals in their 70s enter a civil partnership to benefit from inheritance tax exemptions. They do not want to marry for personal reasons related to past marriages.
The civil partnership allows:
- tax-free transfers;
- inheritance tax exemption on death;
- protection from disputes by distant relatives.
This also prevents estate fragmentation.
Example 12: Medical Emergency and Lack of Next-of-Kin Status
A long-term cohabiting partner arrives at hospital during a medical emergency. The hospital refuses to discuss the patient’s condition, as the partner is not legally recognised as next of kin. A civil partnership or marriage would automatically grant that status.
Example 13: Pension Sharing Only Available Through Legal Relationship
A couple separates after 15 years of cohabitation. They were never married or civil partnered. Although one partner has a significant pension, the other cannot claim pension sharing, as this remedy is available only upon divorce or civil partnership dissolution. The financially weaker partner suffers a substantial loss.
Example 14: Cross-Border Pensions and Marriage Advantage
A couple in a civil partnership moves to Canada. Canadian pension law does not recognise UK civil partnerships. The non-working partner cannot access survivor pension benefits. Had they been married, full recognition would apply.
Example 15: IVF and Parental Rights Conflict
A same-sex female couple conceives through IVF abroad where their civil partnership is not recognised. The non-birth mother is not automatically listed as a parent on the birth certificate. Upon returning to the UK, she must go through a parental order application. Marriage would not have changed recognition in the foreign country but may have simplified UK administrative processes.
Example 16: Financial Abuse Hidden Behind Joint Tenancy
A vulnerable partner is pressured into signing a Joint Tenancy agreement by a controlling or abusive partner. Subsequently, the abusive partner attempts to sever the joint tenancy unilaterally and manipulate the distribution of assets upon death. Proper legal advice would have recommended using Tenants in Common along with separate wills to safeguard the vulnerable partner’s share and ensure their interests were legally protected.
Other Case Studies..
Marriage vs Civil Partnership – Property – Children – Wills – Intestacy – Financial Remedies
Case Study 1: Children from previous relationships & Joint Tenancy problem
Facts: Adam (with two children from a previous marriage) enters into a civil partnership with Laura. They buy a house as Joint Tenants. Adam assumes his children will inherit his share.
Issue: Adam dies unexpectedly, without a will.
Legal Outcome: Because they were Joint Tenants, Adam’s entire share passes automatically to Laura via survivorship, even though this was not his intention. His children inherit nothing from this property.
Lesson: Civil partnership does not change the risk of survivorship. Clients with children from previous relationships should use Tenants in Common and a will.
Case Study 2: Unequal financial contributions & no Declaration of Trust
Facts: Mark and Olivia (unmarried, later enter a civil partnership) purchase a property. Mark pays 70% of the deposit but does not formalise this in a Declaration of Trust.
Issue: During dissolution of the civil partnership, Olivia claims a 50% beneficial interest.
Outcome: The court treats the property as joint because the legal title was joint and no Declaration of Trust was ever executed. Mark loses the extra equity he contributed.
Lesson: Marriage or civil partnership does not automatically recognise unequal contributions. A Declaration of Trust is essential.
Case Study 3: International recognition concerns
Facts: Sophia and Daniel enter an opposite-sex civil partnership. Daniel gets a job in Dubai, and the couple prepares to relocate.
Issue: The UAE does not recognise UK civil partnerships. Immigration rules treat them as unmarried.
Outcome: Sophia cannot obtain residency under spouse visa rules and must apply as a dependent, facing complications and delays.
Lesson: Marriage is still far more internationally recognised. Civil partnership may cause mobility issues.
Case Study 4: Cohabiting couple with children and no legal protection
Facts: Julia and Ben live together 12 years, share two children, and own a house only in Ben’s name. They never marry or register a civil partnership.
Issue: Ben dies unexpectedly without a will.
Outcome: Under intestacy, Julia inherits nothing. The entire estate passes to the children. She must apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Lesson: Cohabitation offers zero automatic rights. Even long-term partners must rely on discretionary court remedies.
Case Study 5: Pension sharing on dissolution
Facts: George and Michael enter into a same-sex civil partnership. Michael has a large defined benefit pension; George earns less.
Issue: Dissolution after 15 years.
Outcome: Courts apply identical rules as in divorce. George receives a pension sharing order because the civil partnership is treated as a long-term union.
Lesson: Pension rights are the same in civil partnerships and marriages.
Case Study 6: Religious concerns & preference for civil partnership
Facts: Nadia and Samir are from conservative families. They want legal protection but prefer to avoid a religious or traditional marriage ceremony.
Issue: They seek an alternative consistent with cultural sensitivities.
Outcome: Civil partnership allows them to enter into a legal union without religious connotation or ceremony. This satisfies both legal protection and personal values.
Lesson: Civil partnership offers a modern, secular option, often attractive for cultural or personal reasons.
Case Study 7: Joint Tenants vs Tenants in Common confusion
Facts: Emma and Chris (married) own a house as Joint Tenants. Emma wants her share to pass to her sister, not to her husband.
Issue: Emma believes making a will will achieve this.
Outcome: A will does not override survivorship. Chris will inherit the entire home regardless.
Lesson: Only converting to Tenants in Common can allow testamentary control.
Case Study 8: Civil partnership and parental responsibility
Facts: Two women, Rebecca and Claire, are in a civil partnership. Their child is conceived in a licensed clinic using donor sperm.
Issue: Is Claire automatically a legal parent?
Outcome: Yes. Under the Human Fertilisation and Embryology Act 2008, a spouse or civil partner of the birth mother is automatically a legal parent.
Lesson: Civil partnership simplifies parenthood recognition in same-sex female couples.
Case Study 9: Overseas inheritance complication
Facts: Maria and Louis, in a civil partnership, inherit property in Spain from Maria’s father.
Issue: Spain recognises marriage but does not fully recognise UK opposite-sex civil partnerships.
Outcome: Louis faces administrative difficulties and must provide legal translations, notarised proofs, and in some cases Spain treats him as “unmarried.”
Lesson: Civil partnership may create estate administration problems abroad.
Case Study 10: Mixed contributions to renovations
Facts: Susan and Dominic are married. The house is in Dominic’s sole name. Susan invests £50,000 into renovations.
Issue: On divorce, Dominic argues she has no rights because her name is not on the title.
Outcome: The court considers Susan’s financial contribution and the duration of the marriage under the fairness principles in White v White. She receives a share of equity despite not being on the title.
Lesson: Marriage provides broad discretionary protection regarding contributions.
Case Study 11: Civil partnership breakdown & business ownership
Facts: Liam and Peter enter a civil partnership. Liam owns a café business formed before the partnership.
Issue: Upon dissolution, Peter seeks a share in the business.
Outcome: Although Liam owned the business beforehand, the increase in value during the civil partnership may be considered a marital asset subject to division if Peter contributed indirectly (by childcare, admin work, household duties).
Lesson: Business assets are treated similarly upon divorce and dissolution.
Case Study 12: Death with will vs death without will
Facts: Tanya and Lucas are married. Lucas dies without a will; the estate is worth £850,000.
Outcome under intestacy:
- Tanya receives all personal chattels
- The first £322,000 statutory legacy
- 50% of the remainder
- The other 50% goes to their children
Outcome if he had a will: Distribution could be tailored (e.g., trust for children, life interest, tax planning).
Lesson: A will offers far more control and planning certainty.
Case Study 13: Long-term cohabitants disputing property
Facts: Chloe and Daniel live together 9 years. House is in Daniel’s sole name.
Issue: They break up; Chloe claims she has an interest.
Outcome: Chloe must rely on TOLATA 1996 claims and prove a constructive trust—hard, costly, uncertain.
Lesson: Marriage or civil partnership eliminates the need for complex trust litigation.
Case Study 14: Assisted reproduction abroad
Facts: Married couple Anna and Robert undergo IVF abroad. The foreign clinic’s paperwork does not meet UK standards.
Issue: Parental status under UK law is unclear.
Outcome: Civil partnership or marriage helps, but additional legal steps may be required, such as parental orders.
Case Study 15: Survivor rights in rented property
Facts: Matthew and Zoe are in a civil partnership and rent a flat. The tenancy is in Zoe’s name.
Issue: Zoe dies unexpectedly.
Outcome: Under UK housing law, civil partners enjoy the same succession rights as spouses. Matthew inherits the tenancy.
Legal Sources (England & Wales) – Statutes, Regulations, Case Law, Official Guidance
Primary Legislation
Marriage
- Marriage Act 1949, (Statutory framework for civil and religious marriage ceremonies, formation, validity)
- Matrimonial Causes Act 1973, (Grounds for divorce, financial remedies, s.25 factors)
- Marriage (Same Sex Couples) Act 2013, (Legalisation of same-sex marriage; consequential amendments)
Civil Partnership
- Civil Partnership Act 2004, (Creation, formation, rights and dissolution of civil partnerships)
- Civil Partnership (Opposite-sex Couples) Regulations 2019, (Extends civil partnerships to opposite-sex couples following Steinfeld & Keidan)
Property & Ownership
- Law of Property Act 1925, (Joint Tenancy, Tenancy in Common, trusts of land)
- Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), (Dispute resolution on beneficial ownership of property between cohabitants or partners)
- Land Registration Act 2002, (Registration of property ownership, restrictions and notices)
Inheritance & Wills
- Wills Act 1837, (Requirements for valid wills)
- Inheritance (Provision for Family and Dependants) Act 1975, (Claims for financial provision by spouses, civil partners, children, dependants)
- Inheritance and Trustees’ Powers Act 2014, (Intestacy rights for spouses/civil partners, statutory legacies)
- Inheritance Tax Act 1984, (Inheritance tax rules, spouse/civil partner exemptions)
Children & Parental Responsibility
- Children Act 1989, (Parental responsibility, child arrangements orders, welfare principles)
- Human Fertilisation and Embryology Act 2008, (Parenthood rules for assisted reproduction; parental responsibility for spouses/civil partners)
Pensions
- Pensions Act 1995 & 2004, (Pension sharing, survivor benefits)
- Welfare Reform and Pensions Act 1999, (Pension sharing upon divorce/dissolution)
Immigration
- Immigration Rules (Home Office), (Spouse and civil partner visas – equal treatment)
Secondary Legislation & Government Guidance
- HMRC Manuals:
- IHTM11032 – Spouse and civil partner exemptions
- CG22000 – Transfers between spouses and civil partners
- SDLTM09700 – Higher rate SDLT relief for spouses/civil partners
- GOV.UK Guidance:
- “Marriages and Civil Partnerships in England and Wales”
- “Apply for a Civil Partnership”
- “Make a Will”
- “Inheritance Tax and Spouse Exemption”
- “Considerations for Child Arrangements”
Key Case Law
Civil Partnership
- R (Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32, (Led to extension of civil partnerships to opposite-sex couples)
Property & Cohabitation
- Stack v Dowden [2007] UKHL 17, (Determining beneficial interests in family homes for unmarried/unregistered couples)
- Jones v Kernott [2011] UKSC 53, (Constructive trusts; changing shares over time)
- Gore v Naheed [2017] EWCA Civ 369, (Beneficial interest principles)
Marriage, Divorce & Financial Remedies
- White v White [2000] UKHL 54, (Landmark case on fairness and sharing principles)
- Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, (Needs, sharing, and compensation principles)
- Radmacher v Granatino [2010] UKSC 42, (Pre-nuptial agreements can be upheld if fair)
Inheritance
- Ilott v The Blue Cross [2017] UKSC 17, (Claims under the 1975 Act and testamentary freedom)
Academic & Professional Commentary
- Family Court Practice (“The Red Book”) – LexisNexis
- Hershman & McFarlane’s Children Law and Practice
- Rayden & Jackson on Divorce and Family Matters
- Butterworths Property Law Handbook
- Law Society Practice Notes:
- Cohabitation
- Pre-nuptial agreements
- Wills and inheritance
This Article is related to Legal Case > Marriage vs Civil Partnership in England & Wales: A Comprehensive Legal Analysis for Practitioners. Part II and What Is a Civil Partnership in the UK? Part I. Also you can see Related Case Studies > Civil Partnership UK – Real Stories and Lessons Learned
For more comprehensive insights, explore our Legal Cases page and review the applicable UK legal framework.
Disclosure Notice: All names and identifying details in the following case studies have been changed to protect client confidentiality. These examples are based on real scenarios, but any resemblance to actual persons or entities is purely coincidental.
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