Future of civil partnership: consultation

Annex D: Extension of civil partnership to opposite sex couples in other jurisdictions

Introduction

1. The term "civil partnership" is used in Scotland and in the United Kingdom as a whole. Other countries use different terms, such as "civil union", "domestic partnership" or "registered partnership". The terms used below, where possible, reflect the English language terminology used by the governments of the various jurisdictions in relation to their own systems of civil union.

2. The table below sets out key details of some jurisdictions where civil partnership (or similar) and marriage are both available to opposite sex and same sex couples.

Jurisdiction	Route to opposite sex civil partnership
Belgium	Same sex marriage was introduced in Belgium in 2003. In 2000, "cohabitation légale" was introduced for both opposite sex and same sex couples. Both options remain available to same sex and opposite sex couples.
Brazil	União Estável (stable union) is available to opposite sex and same sex couples. Marriage has been an option for same sex couples since May 2013.
France	The Pacte Civil de Solidarité (civil solidarity pact) or PACS was established in 2000 for both opposite sex and same sex couples. Marriage has been open to opposite and same sex couples from 18 May 2013.
Isle of Man	UK civil partnerships have been recognised in the Isle of Man since their introduction for pension purposes. In 2011, an Act of the Manx Parliament introduced civil partnership. In 2016, a further Act introduced opposite sex partnership and same sex marriage.
Luxembourg	Same sex marriage was introduced on 1 January 2015. Partenariats (similar to French PACS) became available on 1 November 2000 for opposite sex and same sex couples, and remain in place.
The Netherlands	The Netherlands introduced same sex marriage in 2001. Registered partnerships for both opposite sex and same sex couples were introduced in 1998 and remain available.
New Zealand	Civil unions for both opposite sex and same sex couples were introduced in 2005 and remain available. Same sex marriage was introduced in 2013. De facto relationships are also recognised.
South Africa	The Civil Union Act 2006 made two types of civil union available: civil partnerships for both opposite sex and same sex couples, and marriages for same sex couples.
Uruguay	Uruguay has had Unión Concubinaria [cohabiting union] law in place since 2008. This allows couples, both opposite sex and same sex, who have been cohabiting for at least five years to register their relationship. Same sex marriage was introduced in 2013.

Extension in other jurisdictions: some examples

France

3. The French PACS was introduced in October 1999, and is open to same and opposite sex couples. At heart it is a contract between two parties that undergoes a court authentication process. Same sex marriage was introduced 14 years later, in May 2013.

4. French statistics [57] on marriage and PACS are below.

Year	Marriages			PACS
	Opposite sex	Same sex	Total	Opposite sex	Same sex	Total
1999	293,544	−	293,544	3,551	2,600	6,151
2000	305,234	−	305,234	16,589	5,412	22,271
2001	295,720	−	295,720	16,603	3,232	19,629
2002	286,169	−	286,169	21,683	3,622	25,305
2003	282,756	−	282,756	27,276	4,294	31,570
2004	278,439	−	278,439	35,057	5,023	40,080
2005	283,036	−	283,036	55,597	4,868	60,462
2006	273,914	−	273,914	72,276	5,071	77,347
2007	273,669	−	273,669	95,772	6,206	101,978
2008	265,404	−	265,404	137,766	8,194	145,960
2009	251,478	−	251,478	166,192	8,437	174,629
2010	251,654	−	251,654	196,405	9,145	205,550
2011	236,826	−	236,826	144,714	7,499	152,213
2012	245,930	−	245,930	153,715	6,975	160,690
2013	231,225	7,367	238,592	162,609	6,083	168,692
2014	230,770	10,522	241,292	167,469	6,262	173,731
2015	228,565	7,751	236,316	181,930	7,017	188,947
2016	225,612	7,113	232,725	184,425	7,112	191,537
2017 [58]	221,000	7,000	228,000	*	*	*

*Figures not yet available.

5. The above shows that in recent years demand for same sex PACs and marriage has been at around the same level. However, as demand for opposite sex marriage has generally fallen since 1999, demand for opposite sex PACS has increased approximately fifty-fold. For every opposite sex PACS, there are 1.2 opposite sex marriages.

Netherlands

6. Registered partnerships were introduced to the Netherlands on 1 January 1998 for opposite sex and same sex couples. A few years later on 1 April 2001, same sex marriage became available.

7. Key statistics [59] from the Netherlands are set out in the table below.

Year	Marriages				Registered partnerships
	Opposite sex	Male couples	Female couples	Total same sex	Opposite sex	Male couples	Female couples	Total same sex
2015	62,912	647	749	1,396	12,331	202	239	441
2016	63,813	655	771	1,426	15,090	286	330	616
2017	63,027	620	755	1,375	17,194	316	356	672

8. The number of opposite sex and same registered partnerships has increased by, respectively, 39% and 52% in the period 2015 to 2017, with the number of opposite and same sex marriages experiencing only minor fluctuations in the same period.

New Zealand

9. The Civil Union Act 2004 introduced civil unions for same sex and opposite sex couples at the same time, on 26 April 2005. Same sex marriage was introduced on 19 August 2013. Generally civil unions and marriages enjoy the same benefits.

10. De facto relationships were also introduced in 2005. These are open to same and opposite sex couples whose relationship meets certain statutory criteria. De facto relationships largely have the same benefits as a marriage or civil partnership.

11. Figures from New Zealand [60] are below.

Year	Marriages			Civil union
	Opposite sex	Same sex	Total	Opposite sex	Same sex	Total
2005	22,515	−	22,515	45	204	249
2006	23,445	−	23,445	48	297	275
2007	23,448	−	23,448	63	252	315
2008	23,919	−	23,919	69	255	327
2009	23,682	−	23,682	66	246	312
2010	23,136	−	23,136	72	201	273
2011	22,431	−	22,431	69	234	300
2012	22,944	−	22,944	69	234	303
2013	21,297	354	21,654	66	120	186
2014	22,146	876	23,025	30	21	51
2015	21,909	882	22,974	39	18	57
2016	22,203	933	23,136	33	18	48
2017	22,773	960	23,730	57	21	81

12. The figures above show that there is generally a preference for marriage across same and opposite sex couples. For example, in 2017, for each same sex civil union, there were 80 same sex marriages; for every opposite sex civil union, there were 340 opposite sex marriages. On average, for every civil union, there were 292 marriages.

South Africa

13. The 2004 South African Act that introduced same and opposite sex civil partnerships and same sex civil marriages was the result of a 2005 judgment from the Constitutional Court which found that the common law definition of marriage as being that of an opposite sex couple was unconstitutional.

14. The Court provided Parliament with a year to cure this defect through legislation, which it duly did through the Civil Union Act 2004. Civil partnerships and marriages in terms of the 2004 Act are jointly termed "civil unions". Opposite sex marriages are called "civil marriages".

15. From 2000, when the Recognition of Customary Marriages Act 1998 came into force, South Africa has also given legal recognition to marriages in terms of the usually uncodified legal systems of indigenous South African communities. The 1998 Act does not use gender-specific language but the underlying legal systems appear not to include same sex marriages. This type of marriage is called a "customary marriage".

16. Figures from South Africa [61] are below.

Year	Civil marriages	Customary marriages	Civil unions [62]
2003	178,689	17,283	-
2004	176,521	20,301	-
2005	180,657	19,252	-
2006	184,860	14,039	-
2007	183,030	20,259	80
2008	186,522	16,003	732
2009	171,989	13,506	760
2010	170,826	9,996	888
2011	167,264	5,084	867
2012	161,112	4,555	987
2013	158,642	3,498	993
2014	150,852	3,062	1,144
2015	138,627	3,467	1,185
2016	139,512	3,978	1,331

17. The civil unions figure encompasses three types of relationship: same sex and opposite sex civil partnerships, and same sex marriages. Therefore, it is difficult to identity opposite sex couples' preferred type of union from the figures above. That said, generally it appears that demand for both civil and customary marriages is decreasing and demand for civil unions is increasing. However, there is still proportionally a significant gap between the two: for every civil union entered into in 2016, there were 105 civil marriages.

18. South Africa is the only country in the African continent to have same sex marriages and civil unions. As there is no residence requirement to enter into either union in South Africa, the figures above may reflect marriage or civil union tourism to South Africa from the wider region.