Civil marriages must formerly be dissolved before someone is allowed to marry

It's an ironic situation that has been described as an "unfortunate anomaly”. A gay couple from Barnsley have been told they cannot get married until they officially dissolve their civil partnership. The dissolution of a civil partnership can only be achieved on grounds of unreasonable behaviour. Wanting to get married therefore doesn't fall into a legitimate reason for officially dissolve a civil partnership.

Michael and Paul Atwal-Brice entered into a civil partnership in 2008. Marriage for same-sex couples was not an option then. The couple intended to marry on March 29, 2014, when the Marriage (Same Sex Couples) Act is inaugurated in Britain.

In preparation for the wedding, the couple bought their suits and had even ordered the wedding cake. It was only when they went to book the registrar for the wedding when the "legal bombshell” hit. Paul and Michael, who have twin seven-year-old sons, were told could not get married until they formally ended their civil partnership.

Talking to the Guardian, Paul Atwal-Brice, 34, said:

"We're being penalised because we're already in a civil partnership. No couple should be asked to divorce or dissolve to be able to get married. To dissolve a civil partnership, you have to go to court, and you have to have a valid reason. Wanting to get married is hardly a valid reason to dissolve a civil partnership, so we would effectively have had to commit perjury.”

What are the grounds for civil partnership annulment?

To end a civil partnership in the UK you have to show the relationship has broken down, irretrievably and there is good ground for ending the partnership.

The four grounds for dissolving a civil partnership include:

  • Unreasonable Behaviour

If a partner is behaving so unreasonably living with them has become unbearable. This unreasonable behaviour may include, physical or mental cruelty, being sexually unfaithful, verbal or physical abuse, being irresponsible with money.

  • Desertion

If your partner has left without good reason, to end the relationship, without your agreement, for more than 2 years in the past 2.5 years.

  • You have lived apart for more than 2 years

You can end the civil partnership if you have lived separately for more than 2 years and both agree to officially end the relationship. If you have only lived apart for two years, your partner must agree to end the civil partnership in writing.

  • You have lived apart for five years

Even if your partner disagrees with ending the civil marriage, living apart for more than 5 years is usually enough to officially dissolve the partnership.

The Marriage (Same Sex Couples) Act

The Marriage (Same Sex Couples) Act 2013 successfully completed its journey through Parliament in July 2013. As a result, the first same sex marriages can now happen in Britain from 29 March, 2014. Couples wanting to be amongst the first to marry under the Act must announce their intention by 13 March 2014.

Are there any stipulations/requirements in place before can marry under the Marriage (Same Sex Couples) Act?

  • Both parties must be 16 or over. If under 18 you will need permission from your guardians of parents.
  • You must not be closely related
  • Both parties must be free to marry (single, divorced or widowed)

The Civil Partnership Act 2004 came into force on 5 December 2005. The Act enables same sex couples to have legal recognition of their relationship. According to Office for National Statistics figures in 2012 there were 7,037 civil partnerships formed in the UK. This was a 3.6% increase on 2011.

It is safe to surmise that out of the thousands of civil partnerships in the UK there will be a significant number, like Paul and Michael Atwal-Brice, keen to convert to marriage when the Marriage (Same Sex Couples) Act came into force. Like the Atwal-Brice's these couples will also find their plans obstructed by this legal hurdle.

The solution?

As a spokesperson from the Department of Culture, Media and Sport (DCMS) admitted, in order for the "unfortunately anomaly” to be overcome, completely new procedures and processes will need to be implemented.

"We are continuing to work hard to ensure that couples wanting to convert their civil partnerships into marriages are able to do so as soon as possible. We aim to do so before the end of 2014,” a DCMA spokesperson told The Guardian.

This will come as little comfort to couples like Michael and Paul Atwal-Brice who were keen to be the first to put the Marriage (Same Sex Couples) Act into practice and get married in the spring or the summer.

As a divorce lawyer in Liverpool, serving St Helens and the Wirral, if you are in a similar position to Michael and Paul Atwal-Brice from Barnsley, get in touch with Tracey Miller Family Law so we can explore your circumstances and options.

What do you think about same sex couples have to dissolve their civil partnership before they can enter into marriage? Legal necessity or illogical inequality?