Explanatory Notes

Civil Partnership Act 2004

2004 CHAPTER 33

18th November 2004

Commentary on Sections

Part 3 - Civil Partnerships: Scotland.Introduction

Chapter 2 - Registration
Section 96: Civil partnership with former spouse

190.This section provides for the signing of a civil partnership schedule to take place quickly, where the couple were previously married to each other and one of them has changed gender under the provisions of the Gender Recognition Act 2004. The aim is to minimise, as much as possible, the time between the end of the marriage and the creation of the civil partnership where couples wish to recreate their legal relationship.

191.The section sets out the procedure for effecting the signature of the civil partnership document in the circumstances described above. The signing of the civil partnership schedule can take place on any of the 30 days immediately following the day that both notices of proposed civil partnerships are given, or if they are given on different days, on the day the second notice is given.