Civil Partnership Act 2004

235 Grounds for recognition U.K.

(1) The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—

(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and

(b) at the relevant date either civil partner—

(i) was habitually resident in the country in which the dissolution, annulment or legal separation was obtained,

(ii) was domiciled in that country, or

(iii) was a national of that country.

(2) The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—

(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,

(b) at the relevant date—

(i) each civil partner was domiciled in that country, or

(ii) either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and

(c) neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.

(3) In this section “the relevant date” means—

(a) in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;

(b) in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.

[F1 (3A) In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—

(a) in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;

(b) in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.

(3B) In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).]

(4) Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.

Textual Amendments

F1 S. 235(3A)(3B) inserted by S.I. 2005/3104, reg. 3 (as amended (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 19(5) (with regs. 6-9))

Modifications etc. (not altering text)

C1 S. 235 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (S.S.I. 2005/567), regs. 2, 3 (as amended (28.2.2022) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/461), regs. 1, 2)

C2 S. 235 applied (with modifications) (E.W.N.I.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 (S.I. 2005/3104), regs. 2, 3 (as amended (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 40; and (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 19(3)(4) (with regs. 6-9))