Office of Public Sector Information
(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—
(a) in prescribed countries or territories outside the United Kingdom, and
(b) in the presence of a prescribed officer of Her Majesty’s Diplomatic Service,
in cases where the officer is satisfied that the conditions in subsection (2) are met.
(2) The conditions are that—
(a) at least one of the proposed civil partners is a United Kingdom national,
(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order,
(c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and
(d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.
(3) An officer is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.
(4) An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other.
(5) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i), 230(c) and 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b).
(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—
(a) in prescribed countries or territories outside the United Kingdom, and
(b) in the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),
in cases where the officer is satisfied that the conditions in subsection (2) are met.
(2) The conditions are that—
(a) at least one of the proposed civil partners—
(i) is a member of a part of Her Majesty’s forces serving in the country or territory,
(ii) is employed in the country or territory in such other capacity as may be prescribed, or
(iii) is a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory,
(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, and
(c) such other requirements as may be prescribed are complied with.
(3) In determining for the purposes of subsection (2) whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—
(a) a marriage to which the other is or was a party, or
(b) a civil partnership in which the other is or was a civil partner,
is to be regarded as the other’s child.
(4) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i), 230(c) and 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b).
(5) Any references in this section—
(a) to a country or territory outside the United Kingdom,
(b) to forces serving in such a country or territory, and
(c) to persons employed in such a country or territory,
include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.
(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) who 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.
(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).
(1) A specified relationship is a relationship which is specified for the purposes of section 212 by Schedule 20.
(2) The Secretary 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 without the consent of the Scottish Ministers and the Department of Finance and Personnel.
(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.
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
(c) the effect of entering into it is that the parties are—
(i) treated as a couple either generally or for specified purposes, or
(ii) treated as married.
(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 subsection (3), 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)).
(6) This section is subject to sections 216, 217 and 218.
(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 Community right.
(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.
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.
(1) The Lord Chancellor may by regulations make provision—
(a) as to the jurisdiction of courts in England and Wales or Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—
(i) is or has been habitually resident in a member State,
(ii) is a national of a member State, or
(iii) is domiciled in a part of the United Kingdom or the Republic of Ireland, and
(b) as to the recognition in England and Wales or Northern Ireland of any judgment of a court of another member State which orders the dissolution or annulment of a civil partnership or the legal separation of the civil partners.
(2) The Scottish Ministers may by regulations make provision—
(a) as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
(b) as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).
(3) The regulations may in particular make provision corresponding to that made by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation to jurisdiction and the recognition and enforcement of judgments in matrimonial matters.
(4) The regulations may provide that for the purposes of this Part and the regulations “member State” means—
(a) all member States with the exception of such member States as are specified in the regulations, or
(b) such member States as are specified in the regulations.
(5) The regulations may make provision under subsections (1)(b) and (2)(b) which applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which this section comes into force.
(6) Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.
(7) Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.
(8) In this Part “section 219 regulations” means regulations made under this section.
In sections 221 to 224 “the court” means—
(a) the High Court, or
(b) if a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court.
(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—
(a) the court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in England and Wales on the date when the proceedings are begun, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in England or Wales,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—
(a) the court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—
(i) is domiciled in England and Wales on the date when the proceedings are begun, or
(ii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in England or Wales,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
The court has jurisdiction to entertain proceedings for a presumption of death order if (and only if)—
(a) the applicant is domiciled in England and Wales on the date when the proceedings are begun,
(b) the applicant was habitually resident in England and Wales throughout the period of 1 year ending with that date, or
(c) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45).
(2) The rules may in particular make provision—
(a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and
(b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
The court has jurisdiction to entertain an application under section 58 if (and only if)—
(a) either of the civil partners in the civil partnership to which the application relates—
(i) is domiciled in England and Wales on the date of the application,
(ii) has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or
(iii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
(b) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(1) The Court of Session has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if)—
(a) the court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Scotland on the date when the proceedings are begun, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in Scotland,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(2) The sheriff has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) the requirements of paragraph (a) or (b) of subsection (1) are met and either civil partner—
(a) was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or
(b) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.
(3) The Court of Session has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—
(a) the Court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either of the ostensible civil partners—
(i) is domiciled in Scotland on the date when the proceedings are begun, or
(ii) died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of 1 year ending with the date of death, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in Scotland,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(4) At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of subsections (1) to (3) (or this subsection) it also has jurisdiction to entertain other proceedings, in respect of the same civil partnership (or ostensible civil partnership), for dissolution, separation or (but only where the court is the Court of Session) declarator of nullity, even though that jurisdiction would not be exercisable under any of subsections (1) to (3).
(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish consistorial actions).
(2) The rules may in particular make provision—
(a) for the provision of information by the pursuer and by any other person who has entered appearance in an action where proceedings relating to the same civil partnership (or ostensible civil partnership) are continuing in another jurisdiction, and
(b) for an action to be sisted where there are concurrent proceedings elsewhere in respect of the same civil partnership (or ostensible civil partnership).
(1) This section applies where after the commencement of this Act an application is competently made to the Court of Session or the sheriff for the making, or the variation or recall, of an order which is ancillary or collateral to an action for—
(a) the dissolution of a civil partnership,
(b) the separation of civil partners, or
(c) declarator of nullity of a civil partnership.
(2) And the section applies whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action.
(3) If the court has or, as the case may be, had jurisdiction to entertain the action, it has jurisdiction to entertain the application unless—
(a) jurisdiction to entertain the action was under section 219 regulations, and
(b) to make, vary or recall the order to which the application relates would contravene the regulations.
(4) Where the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall, as respects any person, of an order made by it and the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the purposes of any application under that section for the variation or recall of the order in so far as it relates to the person, the sheriff (as defined in that section) has jurisdiction to exercise the power conferred on him by that section.
(5) The reference in subsection (1) to an order which is ancillary or collateral is to an order relating to children, aliment, financial provision or expenses.
In sections 229 to 232 “the court” has the meaning given by section 188.
(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—
(a) the court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in Northern Ireland,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—
(a) the court has jurisdiction under section 219 regulations,
(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—
(i) is domiciled in Northern Ireland on the date when the proceedings are begun, or
(ii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
(c) the following conditions are met—
(i) the two people concerned registered as civil partners of each other in Northern Ireland,
(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and
(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
The High Court has jurisdiction to entertain proceedings for a presumption of death order if (and only if)—
(a) the applicant is domiciled in Northern Ireland on the date when the proceedings are begun,
(b) the applicant was habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
(c) the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the High Court to be in the interests of justice to assume jurisdiction in the case.
(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
(2) The rules may in particular make provision—
(a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and
(b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
Civil Partnership Act 2004