Couples have two main options to formalize their relationship: marriage and civil unions. At first glance it may seem that these options differ only in minor ways either legally or socially.
This article will look at the differences between marriage and civil partnership as well as the rights and obligations connected to them.
Table of Contents
Definition and Purpose
Governments throughout the world recognize marriage as one of the most honored and is seen as one of the oldest traditions in history.
Marriage is legally binding and involves rituals and customs in some cultures and religions. The purpose of marriage is to be permanent and lead to the creation of a family.
Civil unions are comparatively a new legal concept. Initially, they served as a substitute for marriage as they afforded similar rights and advantages to the couple without the religious and cultural aspects of marriage.
Civil partnerships have become another legal means of formalizing the relationship between homosexual partners where marriage was forbidden for these couples.
Legal Rights and Benefits
Marriage has wide implications in the context of legal rights. This included tax advantages, access to healthcare and insurance benefits, inheritance rights, and the ability to make medical decisions for one’s spouse.
Marriage also provides a plan for how the property would be divided and spousal support in the case that it doesn’t work out and the couple chooses to divorce.
In most cases, civil unions are recognized in law and enjoy similar privileges to marriages, but this can vary significantly depending on the country.
In some areas, civil unions have almost the same protections as marriage, while in more conservative areas they may not. You should research the laws that govern your country to understand the legal differences for civil unions.
Recognition Across Borders
Marriage is recognized by both national and international law. Couples who get married in one country will normally have their marriage recognized in most other countries.
This makes sure that there are consistent legal protections for married couples when travelling or living in a different country.
The recognition of a civil union is dependent on the country. While some countries recognize or accept civil unions, others do not. This can lead to potential legal complications when traveling or living abroad.
Social and Cultural Significance
In most cases marriage carries both social and cultural importance. In many cultures it is celebrated as sacred, representing a lifetime commitment of love, affection, care and understanding. Traditionally a marriage ceremony is important culturally as it reflects your cultural background and even the hope for the future.
Civil unions often lack the social recognition and celebrations as a marriage. They are often seen as more pragmatic than symbolic. However, views towards civil unions are changing and more couples are choosing them for personal or ideological reasons.
Religion and Ceremony
For most couples, marriage ceremonies hold religious and cultural meaning and usually take place in religious institutions. The vows exchanged during marriage ceremonies mostly reflect the belief systems and cultural practices of the couple.
A civil union is often preferred by mixed culture couples, couples who do not identify with any particular culture or religion and same sex couples among many others as it is non-religious. This means that a civil union does not associate any religious or cultural connections or customs with the legal marriage between two people.
Dissolution and Divorce
Ending a marriage is a clearly defined and accepted process. This usually involves initiating divorce proceedings and appearances in court or with a mediator or family lawyer to resolve issues of property division, child custody, maintenance and other issues. There may also be a religious process that needs to take place for the divorce to be recognized in some religions and cultures.
The dissolution of a civil union may not be as easy as it is with divorce, which includes the division of property and child custody matters. This is also complicated by the fact that the dissolution of civil unions is governed by different laws in different jurisdictions.
Marriage and civil unions have varied legal and social implications for people in a relationship. Traditionally marriage grants maximum protection under the law from an international perspective.
Unlike civil unions which were initially introduced to provide similar rights and benefits without cultural and religious connotations.
It is an issue of individual choice based on personal values, beliefs, and laws. Couples must carry out appropriate research on the laws around marriage and civil unions before choosing the option that suits them best.
However, the essence of each of these cases is identical irrespective of which way it is viewed – the commitment between two people and the love and partnership between them – which holds immeasurable value regardless of which option they choose.