Civil Partnership Act 2004

Formation, eligibility and parental etc. consent E+W

2 Formation of civil partnership by registration E+W

(1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—

(a) at the invitation of, and in the presence of, a civil partnership registrar, and

(b) in the presence of each other and two witnesses.

(2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

(3) After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—

(a) each of the two witnesses, and

(b) the civil partnership registrar.

(4) After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—

(a) the fact that the two people have registered as civil partners of each other, and

(b) any other information prescribed by regulations,

is recorded in the register as soon as is practicable.

(5) No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

(6) “The civil partnership document” has the meaning given by section 7(1).

(7) “The relevant registration authority” means the registration authority in whose area the registration takes place.

Commencement Information

I1 S. 2 wholly in force at 5.12.2005; s. 2 not in force at Royal Assent see s. 263; s. 2(4)(b) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 2(1)-(3), (4)(a), (5)-(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

3 Eligibility E+W

(1) Two people are not eligible to register as civil partners of each other if—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) either of them is already a civil partner or lawfully married,

(c) either of them is under [F2 18], F3 ...

(d) they are within prohibited degrees of relationship [F4 , or

(e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.]

[F5 (1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.

(1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.]

(2) Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

[F6 (3) In this section—

• “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;

• “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

(4) A person is to be treated for the purposes of this section as being subject to a whole life order if—

(a) the person is serving a life sentence passed before 18 December 2003,

(b) the sentence was passed in circumstances where the sentence was fixed by law,

(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).]

Textual Amendments

F1 S. 3(1)(a) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 4

F2 Word in s. 3(1)(c) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 3(2), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F3 Word in s. 3(1)(c) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(a), 81(2); S.I. 2024/846, reg. 2(b)

F4 S. 3(1)(e) and word inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(b), 81(2); S.I. 2024/846, reg. 2(b)

F5 S. 3(1A)(1B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(3), 81(2); S.I. 2024/846, reg. 2(b)

F6 S. 3(3)(4) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(4), 81(2); S.I. 2024/846, reg. 2(b)

F7 4 Parental etc. consent where proposed civil partner under 18 E+W

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Textual Amendments

F7 S. 4 omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 3(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)