英国民事关系和结婚的区别
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2已有 1038 次阅读  2013-12-11 18:52


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紧接着我的状态,既然英国可以结婚了,就开始研究一下这个婚姻(marriage)跟现在早就可以申请了的民事关系(domestic relationship)的差别.

找到一篇写于今年初英国刚刚通过marriage bill的时候得从7个不同方面表述差异的文章
1。经济利益
主要是说算养老金的年限,跟我们关系不大,因为估计本文的读者没有一个是从2004年之前开始交英国养老保险的;
2。社会观感不同
3。国外生活有影响,主要是说如果想去另外11个已经有同志婚姻国家的话,如果你只是民事关系,那会认为比婚姻还是低一些。
4。性别影响,这个主要是说民事关系/婚姻的不同划分造成了变性人的无所适从
5。被迫出柜
英国大量表格需要填写婚姻状况,比如申请工作,申请信用卡等等。选项中分别有婚姻和民事关系。如果你选择民事关系,那就是直接告知你是samesex relationship了。这点是我打算去结婚的最主要原因。嘿嘿。
6。出轨和宣誓
在民事关系中,不一定非要xx,所以如果偷吃,也不能是解除民事关系的理由。而且,结成民事关系的时候也不需要宣誓,所以少了很多的责任。
7。异性不能结成民事关系

Financial rights

Civil partners do not have the same pension rights as married couples. If one civil partner dies, the pension share that the surviving partner receives is often lower and lasts for less time than with married couples.

The reason for this is the pension a surviving partner is entitled to is measured differently depending on whether they have been civil partnered or married.

For civil partners, public sector schemes are dated back to 1988. For private sector schemes, it need only be backdated to the Civil Partnership Act 2004.

But for married couples, a surviving partner is entitled to a pension based on the number of years their spouse paid into the pension fund.

This video, taken from Freedom Is Not The Problem, explains more via the medium of Lego. 

Separate is not equal

The culture of many countries, including the UK, revolves around marriage as an institution.

Though not all straight people do get married, marriage with a loved partner is an option that is legally available to them.

Advocates for equal marriage speak of the emotional resonance marriage holds. Marriage represents a form of inclusion within society.

It is a way of belonging to a cultural group and buying into values seen as respectable and acceptable.

The language of marriage carries a social weight that civil partnership does not. This is a reason why civil partners often refer to their partnerships as 'marriages', rather than 'partnerships'.

Those who back equal marriage say using a different word indicates that society attaches less importance to civil partnerships.

Living abroad

Travel restrictions apply to civil partners but not married couples.

Countries like Sweden, Argentina and Portugal, where same-sex marriage is legal, do not see civil partnerships as marriage.

This means UK civil partners living abroad do not enjoy the same rights as same-sex married couples in the 11 countries where equal marriage is legal.

In addition, the marriages of foreign gay couples who travel to the UK are not legally viewed as marriages.

Gender

Gender is written into the structure of UK marriage law.

This means if a married trans person would like to get a Gender Recognition Certificate as part of living in their preferred gender, they must divorce and reapply for civil partnership.

Separate marriage and civil partnership regulations mean gender and orientation are the deciding factors in what relationships are legally recognized.

Speaking to Gay Star News, Liberal Democrat councillor and transgender rights campaigner Sarah Brown said: 'The lack of marriage equality historically has created a huge legislative mess for trans people.

'We have to end our existing relationships if we want official recognition of our gender and anyone who doesn't identify as either male or female has to lie when getting married.'

The current laws presume that gender is a binary and there are no people who identify outside 'man' or 'woman'.

On the new bill, Brown added: 'Those in a civil partnership will still have to end it, non binary people will still have to lie, those who had our marriages confiscated aren't getting them back.

'The bill is also introducing the ability for spouses to veto legal recognition of the trans partner while they're still married.'

Some say as much as 0.2% of the population is intersex and there is a growing community of non-binary trans and genderqueer people. For them a 'separate but equal' system does not necessarily reflect a more complex reality.

Forced outing

Official forms such as the UK census require a declaration of marital status.

This often means that civilly partnered people are forced to state their sexuality, ticking a separate box that says 'civil partnership' rather than 'marriage'.

Adultery and vows

Unlike marriages, consummation is not a legal requirement of civil partnerships. Neither is adultery recognized as grounds for dissolution. These differences won't be addressed by the new equal marriage legislation as the government does not intend to re-write these areas of law.

There is also no requirement for civil partners to take any vows.

These variations mean that UK marriage law doesn't necessarily cover civil partnership, opening the door for different treatment of gay couples.

Straights not included

Veteran gay rights campaigner Peter Tatchell has complained the UK government is not offering civil partnerships to heterosexuals too, creating another inequality in his opinion.

He said: 'Marriage equality bill is not true equality. It keeps ban on straight civil partnerships. Wrong!'

Tatchell advocates the extension of civil partnership to straight couples as well as marriage to gay couples.

- See more at: http://www.gaystarnews.com/article/seven-ways-civil-partnership-isnt-same-marriage250113#sthash.6vOTb8D8.dpuf
http://www.gaystarnews.com/article/seven-ways-civil-partnership-isnt-same-marriage250113

Financial rights

Civil partners do not have the same pension rights as married couples. If one civil partner dies, the pension share that the surviving partner receives is often lower and lasts for less time than with married couples.

The reason for this is the pension a surviving partner is entitled to is measured differently depending on whether they have been civil partnered or married.

For civil partners, public sector schemes are dated back to 1988. For private sector schemes, it need only be backdated to the Civil Partnership Act 2004.

But for married couples, a surviving partner is entitled to a pension based on the number of years their spouse paid into the pension fund.

This video, taken from Freedom Is Not The Problem, explains more via the medium of Lego. 

Separate is not equal

The culture of many countries, including the UK, revolves around marriage as an institution.

Though not all straight people do get married, marriage with a loved partner is an option that is legally available to them.

Advocates for equal marriage speak of the emotional resonance marriage holds. Marriage represents a form of inclusion within society.

It is a way of belonging to a cultural group and buying into values seen as respectable and acceptable.

The language of marriage carries a social weight that civil partnership does not. This is a reason why civil partners often refer to their partnerships as 'marriages', rather than 'partnerships'.

Those who back equal marriage say using a different word indicates that society attaches less importance to civil partnerships.

Living abroad

Travel restrictions apply to civil partners but not married couples.

Countries like Sweden, Argentina and Portugal, where same-sex marriage is legal, do not see civil partnerships as marriage.

This means UK civil partners living abroad do not enjoy the same rights as same-sex married couples in the 11 countries where equal marriage is legal.

In addition, the marriages of foreign gay couples who travel to the UK are not legally viewed as marriages.

Gender

Gender is written into the structure of UK marriage law.

This means if a married trans person would like to get a Gender Recognition Certificate as part of living in their preferred gender, they must divorce and reapply for civil partnership.

Separate marriage and civil partnership regulations mean gender and orientation are the deciding factors in what relationships are legally recognized.

Speaking to Gay Star News, Liberal Democrat councillor and transgender rights campaigner Sarah Brown said: 'The lack of marriage equality historically has created a huge legislative mess for trans people.

'We have to end our existing relationships if we want official recognition of our gender and anyone who doesn't identify as either male or female has to lie when getting married.'

The current laws presume that gender is a binary and there are no people who identify outside 'man' or 'woman'.

On the new bill, Brown added: 'Those in a civil partnership will still have to end it, non binary people will still have to lie, those who had our marriages confiscated aren't getting them back.

'The bill is also introducing the ability for spouses to veto legal recognition of the trans partner while they're still married.'

Some say as much as 0.2% of the population is intersex and there is a growing community of non-binary trans and genderqueer people. For them a 'separate but equal' system does not necessarily reflect a more complex reality.

Forced outing

Official forms such as the UK census require a declaration of marital status.

This often means that civilly partnered people are forced to state their sexuality, ticking a separate box that says 'civil partnership' rather than 'marriage'.

Adultery and vows

Unlike marriages, consummation is not a legal requirement of civil partnerships. Neither is adultery recognized as grounds for dissolution. These differences won't be addressed by the new equal marriage legislation as the government does not intend to re-write these areas of law.

There is also no requirement for civil partners to take any vows.

These variations mean that UK marriage law doesn't necessarily cover civil partnership, opening the door for different treatment of gay couples.

Straights not included

Veteran gay rights campaigner Peter Tatchell has complained the UK government is not offering civil partnerships to heterosexuals too, creating another inequality in his opinion.

He said: 'Marriage equality bill is not true equality. It keeps ban on straight civil partnerships. Wrong!'

Tatchell advocates the extension of civil partnership to straight couples as well as marriage to gay couples.

- See more at: http://www.gaystarnews.com/article/seven-ways-civil-partnership-isnt-same-marriage250113#sthash.6vOTb8D8.dpufhttp://www.gaystarnews.com/article/seven-ways-civil-partnership-isnt-same-marriage250113
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评论 (5 个评论) 发表评论

  • papercut 2013-12-12 04:03
    我来说两条:

    第一是文章中的6,在婚姻关系中,adultery可以被用来提起离婚诉讼,adultery严格意义是男方的jj插入女方的阴道,所以出轨必须是发生男女插入行为。所以adultery不适用于civil partner。

    第二,如果你是EEA 的婚姻伴侣,那么再没有伴侣陪伴情况下,你单独进入很多欧盟国家的时候是不用签证的;如果你仅是EEA的civil partner,那么你单独进入欧
    盟国家还是需要签证的。
  • aaron 2013-12-12 05:43
    papercut: 我来说两条:

    第一是文章中的6,在婚姻关系中,adultery可以被用来提起离婚诉讼,adultery严格意义是男方的jj插入女方的阴道,所以出轨必须是发生男女插入行为
    第一跟我说的意思不是一样吗?
  • AmonWalfram 2013-12-12 14:24
    不就是固定炮友和夫夫的区别么。。
  • aaron 2013-12-12 17:26
    AmonWalfram: 不就是固定炮友和夫夫的区别么。。
    民事关系当然不是固定炮友。关系破裂了也要分财产的!
  • AmonWalfram 2013-12-12 17:32
    aaron: 民事关系当然不是固定炮友。关系破裂了也要分财产的!
    那就是关系破裂了也要分财产的固定炮友喽




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