Civil Partnership Act 2004

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

212Meaning 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)[F1who 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.

[F2(1A)But, for the purposes of the application of this Act to England and Wales [F3or to Northern Ireland], 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

Modifications etc. (not altering text)

213Specified relationshipsU.K.

(1)A specified relationship is a relationship which is specified for the purposes of section 212 [F4by Schedule 20.] [F4—

(a)in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b)in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.]

(2)The [F5Secretary 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 [F6amending Part 1 of Schedule 20] without the consent of the Scottish Ministers and the Department of Finance and Personnel.

[F7(3A)No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.]

(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

Modifications etc. (not altering text)

Commencement Information

I1S. 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

214The general conditionsU.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

[F8(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, [F9but are not treated as married][F9or

(ii)treated as married.]

Textual Amendments

215Overseas relationships treated as civil partnerships: the general ruleU.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 [F10[F11subsection (3)] [F11subsections (3) and (5F)]] [F10subsections (3) and (5B)], 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)).

[F12(5A)In the case of a relationship that is—

(a)an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the 2019 Regulations”), and

(b)registered (under the relevant law) as having been entered into before the 2019 Regulations come into force,

subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).

(5B)The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.

(5C)But if—

(a)before the 2019 Regulations come 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 (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D).

(5D)The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision 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 regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;

(c)Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).]

[F13(5E)In the case of a relationship that is—

(a)an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and

(b)registered (under the relevant law) as having been entered into before 13 January 2020,

subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).

(5F)The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.

(5G)But if—

(a)before 13 January 2020, a dissolution or annulment of the 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 (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).

(5H)The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a)Schedules 7, 11 and 17;

(b)such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;

(c)Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).]

(6)This section is subject to sections [F14216,] 217 and 218.

Textual Amendments

F10Words in s. 215(2) substituted for “subsection (3)” (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(4)(a)

F14Words in s. 215(2) substituted for “subsection (3)” (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(4)(a)

216The same-sex requirementU.K.

[F15(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 [F16EU] right.]

Textual Amendments

217Person domiciled in a part of the United KingdomU.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.

218The public policy exceptionU.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.