Couple take legal advice to establish when it will be possible to convert their Civil Partnership to a Same Sex Marriage.
A gay couple wishing to convert their civil partnership to marriage when the new same sex marriage laws come into force in March are considering legal action against the Government after finding out that under current legislation they would have to get a dissolution first.
Michael and Paul Atwal-Brice, from Thurnscoe, Barnsley entered into civil partnership in 2008 as marriage was not an option available to same sex couples at the time. Like many same sex couples they were delighted when the Marriage (Same Sex Couples) Act 2013 was passed and same sex marriage became lawful and planned to become one of the first couples to convert to marriage when the legislation comes into force on March 29, 2014.
However, after being told that because of delays in implementing parts of the Act, they would have to get a formal dissolution of their Civil Partnership before they could marry, the couple have instructed specialist family lawyers at Irwin Mitchell to represent them.
Irwin Mitchell has now written to the Department For Culture, Media & Sport to inform the Government of potential Judicial Review action if the issue is not resolved satisfactorily.
Irwin Mitchell argues that the there are breaches of British equality and human rights law and that the Government has failed to take into account all relevant considerations when creating the gay marriage laws.
The law firm is asking the Government to confirm the timetables for when Section 9 of the Marriage (Same Sex Couples) Act 2013 is to be brought in to allow couples wishing to convert their civil partnerships into marriage to do so.
A spokeswoman for the Department of Culture, Media and Sport, told the Guardian: “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 this before the end of 2014.
“It will take a little longer because we need to introduce completely new procedures and processes. This contrasts with the work to make new marriages for same-sex couples possible, where we have been able to build on existing processes so implementation is more straightforward.
“The conversion process will ensure that couples in civil partnerships do not have a break in their legal relationship, which could have implications for matters such as their pension entitlements.”
Zoe Round, a specialist family lawyer at Irwin Mitchell solicitors in Sheffield, said: “Our clients are naturally devastated at the prospect of having to go through a formal dissolution before they can get married. They had been waiting for this legislation to be agreed for years and now, at the final hurdle, are finding that the process just doesn’t seem to have been thought through.
“All necessary considerations should have been taken into account by the Government before the announcement was made that the first same sex marriages could happen from 29 March 2014.
“We have written to the Government to ask them to implement the process of conversion from a civil partnership to a same sex marriage as was intended by parliament in section 9 of the act, so that couples that want to marry don’t have to go through a dissolution of their civil partnership before their ceremony.
“Why should they be forced to get a dissolution just to re-marry? It seems absurd and we are supporting them in their fight to remedy the situation. If the issue cannot be resolved then we may have no choice but to seek a Judicial Review in the High Court.”
The couple who had already planned much of their wedding before learning of the delay say that being unable to marry because of a delay in designing the marriage forms, and implementing the computer systems, is unfair.
Paul, 34, who has two adopted disabled sons with partner Michael, 29, 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 stay together and be married is hardly a valid reason to dissolve a civil partnership. It’s not just the principle of the situation; there are legal and practical difficulties if we were forced to divorce.
“A lot of people are just simply not aware of this rule but to get married on March 29, 2014 you have to provide notice on the March 13 which is not far away at all. It’s just totally unfair and we have been left with no choice but to seek legal advice to try and resolve this issue.”
Simon Kirby, MP for Brighton Kemptown and Peacehaven lobbied hard to get the legislation through both the House of Commons and House of Lords.
He said: “There are around 50,000 couples who have entered into Civil Partnerships who would have chosen to get married if it were possible. Some of those couples live in my constituency and I know they will be disappointed that they will not be able to convert their civil partnership into a marriage from the March 29.
“I understand that civil partnership conversion is more complicated than first time marriage in terms of administration and implementation. Same sex marriages will also be back dated to incorporate the period of civil partnership. However the delay is unfortunate, and I sympathise with the couple involved in this case. I have previously written to the Secretary of State making her aware of my concerns, and seeking greater clarity from her on when the necessary arrangements for civil partnership conversions will be in place.
“The date of the March 29 for equal marriage ceremonies is earlier than originally anticipated. I think that demonstrates that the Government is determined to implement same sex marriage legalisation in full as early as possible. I want to assure people that I have worked tirelessly with the Government to make equal marriage a reality and I will continue working hard to represent people in civil partnerships who understandably want to marry the person they love as soon as they can.”
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