Make your voice heard

I recently prepared my first response to a government consultation. Despite being largely unfruitful, it was a rewarding experience.

So next time there is a consultation on a subject that grabs your attention, I would strongly encourage you to take the time to respond. As solicitors, we spend our days advising
on the law and are therefore
well placed to help shape
new legislation.

The consultation in question was on the future of civil partnerships in England and Wales. Several questions were asked, including whether civil partnerships should be abolished or opened up to opposite sex couples. I was particularly interested in whether existing civil partnerships should be automatically converted into marriages now that same-sex marriages are available.

There was, however, no consensus from the respondents on the best way forward for civil partnerships. So, for the time being at least, the government will not be making any changes.

Several respondents thought
it was too soon to make amends. The impact of having extended marriage to same-sex couples is not yet known, nor is how many couples will choose to convert their existing civil partnerships into marriages.

This can’t be argued, but a wait-and-see approach does not help those who, through no fault of their own, find themselves in an unfair position.

In the UK, same-sex couples receive the same tax treatment irrespective of whether they are in a civil partnership or marriage. But the same cannot be said abroad. Some countries now recognise same-sex civil partnerships, civil unions and marriages, but many don’t. And those that recognise one type of partnership will not necessarily recognise another.

Take the US federal government. Following a Supreme Court ruling last
year, it now recognises
same-sex marriages but
not civil partnerships. This
can have devastating effects
– the US marital exemption on death is, for example, still not available to same-sex civil partners, even though it does now apply to those who have
a same-sex marriage.

In this case, the different treatment is purely a result
of the different terminology, which is very difficult to explain to a recently bereaved client facing a hefty US tax bill.

Huge step

These inequalities have
far-reaching impacts and
affect couples in the UK with an international connection, such as having a holiday home in Spain or because one of them was born in the US.

The Marriage (Same Sex) Couples Act 2013 is a huge step in the right direction and the ability to convert existing civil partnerships into marriages, effective from December, provides an opportunity for
a couple to change their partnership into one, which
is more widely recognised.

This, however, relies on
a couple being aware of
the problems that can be encountered abroad and therefore choosing to convert. Many do not realise that their
civil partnership may not be recognised outside the UK until it is too late. While automatic conversation of civil partnerships into marriages is extreme and probably not the answer, it does present a potential solution to this problem.

A more practical solution is allowing conversion after the potential issue has come to
light, which is often after the death of one party. As expected, this is not provided for in the draft regulations for electing
to convert (although death-bed conversion will be possible).

This was the point that I focused on. Frustratingly, it appears to have either been misunderstood or considered insignificant as the issue is not mentioned in the government’s report. The original consultation did identify that automatic conversion may give rise
to a risk of overseas civil partnerships no longer
being recognised in the UK, though, so all is not lost.

Such nuances in the law are most apparent to those of us who practise law and see the impact of its application on
our clients. I would argue that
it is our duty to our clients and
to society to involve ourselves
in the law-making process.
I, for one, have not been
put off by my lack of success
on this occasion. SJ

Kate Davies is a solicitor at Wedlake Bell

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