The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

Conversion declarations and their signing

10.—(1) This regulation applies in relation to a conversion under this Part.

(2) The conversion declaration is a document containing—

(a) the following information (subject to regulations 8(8) and 9(8))—

(i) the date and place of the signing of the declaration,

(ii) if the conversion is a conversion before an officiant, that person’s name,

(iii) the forenames, surname, status (which is to be “civil partner” if the conversion is from a civil partnership into a marriage, and is to be “married” if the conversion is from a marriage into a civil partnership), date of birth, country of birth and usual address of each party,

(iv) the full names, and maiden surname (if any) and occupation, of each parent of each party, and

(v) the date when, and place where, the couple’s civil partnership was registered or (as the case may be) their marriage was solemnised,

(b) if the conversion is from a civil partnership into a marriage, a declaration by each party in the following terms: “I solemnly and sincerely declare that we are in a civil partnership with each other and I know of no legal reason why we may not convert our civil partnership into a marriage. I understand that on signing this document we will be converting our civil partnership into a marriage and you will become my lawful wife [or husband].”,

(c) if the conversion is from a marriage into a civil partnership, a declaration by each party in the following terms: “I solemnly and sincerely declare that we are married to each other and I know of no legal reason why we may not convert our marriage into a civil partnership. I understand that on signing this document we will be converting our marriage into a civil partnership and you will become my lawful civil partner.”, and

(d) a declaration by each party that the party believes that all the information and evidence provided for the purposes of the conversion is true.

(3) If the conversion is a conversion before an officiant—

(a) the conversion declaration is to be prepared by a registrar, and issued at a registrar’s office to a party within a period of 14 days before the date of signing,

(b) the signing of the declaration may take place only on the date, before the officiant and at the place specified in the declaration, subject to sub-paragraphs (c) to (e),

(c) sub-paragraph (b) does not impose any obligation on an officiant to officiate at the signing,

(d) if for any reason the declaration cannot be signed at the place specified in it, a registrar may substitute, or direct the officiant to substitute, the new place in the declaration, and

(e) if, because of the sudden death, sudden illness or unavoidable delay of the officiant specified in the declaration, that officiant cannot officiate at the signing then another officiant may officiate but, where that happens, that other officiant must in the declaration substitute their own name.

(4) Before the conversion declaration is signed by the couple, the person officiating must confirm with the couple that the information contained in the declaration is complete and correct and, if it is not, amend it as necessary.

(5) Any amendment of the information on the conversion declaration must be initialled by the party to whom that information relates and by the person officiating.

(6) If the conversion is from a civil partnership into a marriage, the couple are (subject to regulation 11(7)) to be regarded as having converted their civil partnership into a marriage when, having followed one of the procedures described in regulation 7—

(a) at the invitation of the person officiating, and in the presence of that person and of each other, each of them has signed the conversion declaration, and

(b) the person officiating has signed the conversion declaration in the presence of the couple.

(7) If the conversion is from a marriage into a civil partnership, the couple are to be regarded as having converted their marriage into a civil partnership when, having followed one of the procedures described in regulation 7—

(a) at the invitation of the person officiating, and in the presence of that person and of each other, each of them has signed the conversion declaration, and

(b) the person officiating has signed the conversion declaration in the presence of the couple.

(8) As well as signing the conversion declaration as mentioned in paragraph (6)(a) or (7)(a), the couple may, if they wish, say the words of the declaration in paragraph (2)(b) or (c) to each other in the presence of the person officiating.

(9) Where either party signs the conversion declaration by making a mark, the person officiating must enter against the mark the words “The mark of” together with the forenames and surname of the party.

(10) If the person officiating considers it necessary or desirable, the person officiating may use the services of an interpreter (not being a party) at the signing of the conversion declaration.

(11) If the person officiating uses the services of an interpreter at the signing of the conversion declaration, the interpreter—

(a) before acting, must sign a statement that the interpreter understands, and is able to converse in, the languages to be interpreted, and

(b) immediately after acting, must give to the person officiating a document signed by the interpreter, and written in English, certifying that the interpreter has faithfully interpreted at the signing of the conversion declaration.

(12) In this regulation “the person officiating”—

(a) in the case of a conversion before an officiant, means the officiant specified in the conversion declaration or, where another officiant deputises pursuant to paragraph (3)(e), that other officiant, and

(b) in the case of any other conversion under this Part, means a registrar.