Civil Partnership Act 2004

Chapter 2 U.K. Overseas relationships treated as civil partnerships

212 Meaning of “overseas relationship” U.K.

(1) For the purposes of this Act an overseas relationship is a relationship which—

(a) is either a specified relationship or a relationship which meets the general conditions, and

(b) is registered (whether before or after the passing of this Act) with a responsible authority in a country or territory outside the United Kingdom, by two people—

(i) who under the relevant law are of the same sex at the time when they do so, and

(ii) neither of whom is already a civil partner or lawfully married.

[F1 (1A) But, for the purposes of the application of this Act to England and Wales, marriage is not an overseas relationship.]

(2) In this Chapter, “the relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).

Textual Amendments

F1 S. 212(1A) inserted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 29(2)

Modifications etc. (not altering text)

C1 S. 212 applied (with modifications) (E.W.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), art. 5

S. 212 applied (with modifications) (N.I.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005 (S.R. 2005/531), art. 5(1)

S. 212 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Overseas Relationships) (Scotland) Order 2005 (S.S.I. 2005/573), art. 3

213 Specified relationships U.K.

(1) A specified relationship is a relationship which is specified for the purposes of section 212 by Schedule 20.

(2) The [F2 Secretary of State] may by order amend Schedule 20 by—

(a) adding a relationship,

(b) amending the description of a relationship, or

(c) omitting a relationship.

(3) No order may be made under this section without the consent of the Scottish Ministers and the Department of Finance and Personnel.

(4) The power to make an order under this section is exercisable by statutory instrument.

(5) An order which contains any provision (whether alone or with other provisions) amending Schedule 20 by—

(a) amending the description of a relationship, or

(b) omitting a relationship,

may not be made unless a draft of the statutory instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing any other order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F2 Words in s. 213(2) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 7, Sch. para. 6

Modifications etc. (not altering text)

C2 S. 213: functions transferred (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 3(2)(e)

C3 S. 213: functions transferred (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 3(1)(e)

Commencement Information

I1 S. 213 wholly in force at 5.12.2005; s. 213(2)-(6) in force at Royal Assent, see s. 263(5)(6); s. 213(1) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2

214 The general conditions U.K.

The general conditions are that, under the relevant law—

(a) the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married,

(b) the relationship is of indeterminate duration, and

[F3 (ba) the relationship is not one of marriage,]

(c) the effect of entering into it is that the parties are—

(i) treated as a couple either generally or for specified purposes, [F4 but are not treated as married][F4 or

(ii) treated as married.]

Textual Amendments

F3 S. 214(ba) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 26(2)(a), 36; S.S.I. 2014/287, art. 3, sch. (with art. 5)

F4 Words in s. 214(c) substituted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 26(2)(b), 36; S.S.I. 2014/287, art. 3, sch. (with art. 5)

215 Overseas relationships treated as civil partnerships: the general rule U.K.

(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.

216 The same-sex requirement U.K.

(1) Two people are not to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, at the critical time, they were not of the same sex under United Kingdom law.

(2) But if a full gender recognition certificate is issued under the 2004 Act to a person who has registered an overseas relationship which is within subsection (4), after the issue of the certificate the relationship is no longer prevented from being treated as a civil partnership on the ground that, at the critical time, the parties were not of the same sex.

(3) However, subsection (2) does not apply to an overseas relationship which is within subsection (4) if either of the parties has formed a subsequent civil partnership or lawful marriage.

(4) An overseas relationship is within this subsection if (and only if), at the time mentioned in section 215(2)—

(a) one of the parties (“A”) was regarded under the relevant law as having changed gender (but was not regarded under United Kingdom law as having done so), and

(b) the other party was (under United Kingdom law) of the gender to which A had changed under the relevant law.

(5) In this section—

• “the critical time” means the time determined in accordance with section 215(2) or (as the case may be) (3);

• “the 2004 Act” means the Gender Recognition Act 2004 (c. 7);

• “United Kingdom law” means any enactment or rule of law applying in England and Wales, Scotland and Northern Ireland.

(6) Nothing in this section prevents the exercise of any enforceable [F5 EU] right.

Textual Amendments

F5 Word in s. 216 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6(1)(f)

217 Person domiciled in a part of the United Kingdom U.K.

(1) Subsection (2) applies if an overseas relationship has been registered by a person who was at the time mentioned in section 215(2) domiciled in England and Wales.

(2) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—

(a) either of them was under 16, or

(b) they would have been within prohibited degrees of relationship under Part 1 of Schedule 1 if they had been registering as civil partners of each other in England and Wales.

(3) Subsection (4) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Scotland.

(4) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2), they were not eligible by virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil partners of each other.

(5) Subsection (6) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Northern Ireland.

(6) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—

(a) either of them was under 16, or

(b) they would have been within prohibited degrees of relationship under Schedule 12 if they had been registering as civil partners of each other in Northern Ireland.

218 The public policy exception U.K.

Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship.