Explanatory Notes

Civil Partnership Act 2004

2004 CHAPTER 33

18th November 2004

Commentary on Sections

Part 1 - Introduction

Section 1: Civil Partnership

17.This section establishes civil partnership as a legal relationship between two people of the same sex. Subsection (1) provides for a civil partnership to be formed in either of two ways. The first is when two people register as civil partners of each other, either in the United Kingdom (under the relevant Part of the Act) or under an Order in Council made under section 210 or 211 (which allow for registration overseas at British consulates or by armed forces personnel). The second is where the couple register an “overseas relationship” which is treated as a civil partnership under Chapter 2 of Part 5. “Overseas relationship” is defined in sections 212 to 214. Subsection (3) provides that a civil partnership only ends on death, dissolution or annulment.