The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Recognition of extra-territorial marriages of same-sex couples U.K.

10.—(1) A marriage under—

(a) the law of any part of the United Kingdom (other than Northern Ireland), or

(b) the law of any country or territory outside the United Kingdom,

is not prevented from being recognised under the law of Northern Ireland only because it is the marriage of a same-sex couple.

(2) For the purposes of paragraph (1) it is irrelevant whether the law of a particular part of the United Kingdom, or a particular country or territory outside the United Kingdom—

(a) at the start of 13th January 2020 already provides for marriage of same-sex couples, or

(b) provides for marriage of same-sex couples from some later time.

(3) Accordingly—

(a) in the Marriage (Same Sex) Couples Act 2013(1), in paragraph 2 of Schedule 2 (same-sex marriage in England and Wales to be treated in Northern Ireland as civil partnership), after sub-paragraph (1) insert—

“(1A) Sub-paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in Northern Ireland in respect of civil partnerships, and property disputes between civil partners).”,

(b) in the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014(2), in Article 6 (same-sex marriage in Scotland to be treated in Northern Ireland as civil partnership), after paragraph (1) insert—

“(1A) Paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in respect of civil partnerships, and property disputes between civil partners).”, and

(c) in section 1(3) of the Civil Partnership Act 2004(3) (cases where civil partnerships brought to an end), after paragraph (b) insert—

“, or

(c) on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977).”(4).

(4) Paragraphs (1) and (2) do not apply for the purposes of any proceedings commenced before 13th January 2020 under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in respect of civil partnerships, and property disputes between civil partners).

Commencement Information

I1 Reg. 10 in force at 13.1.2020, see reg. 1(2)

(1)

2013 c.30.

(2)

S.I. 2014/3229.

(3)

2004 c.33. In section 1(3), paragraph (b) was inserted (and part of the existing text re-numbered as paragraph (a)) by paragraph 34 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013.

(4)

1977 c.15.