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Civil Partnership Act 2004

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This is the original version (as it was originally enacted).

215Overseas relationships treated as civil partnerships: the general rule

This section has no associated Explanatory Notes

(1)Two people are to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they—

(a)had capacity to enter into the relationship, and

(b)met all requirements necessary to ensure the formal validity of the relationship.

(2)Subject to subsection (3), the time when they are to be treated as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into.

(3)If the overseas relationship is registered (under the relevant law) as having been entered into before this section comes into force, the time when they are to be treated as having formed a civil partnership is the time when this section comes into force.

(4)But if—

(a)before this section comes into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and

(b)the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (3) does not apply and subsections (1) and (2) have effect subject to subsection (5).

(5)The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provisions except—

(a)Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);

(b)such provisions as are specified (with or without modifications) in an order under section 259;

(c)Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).

(6)This section is subject to sections 216, 217 and 218.

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