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Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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Civil Partnership Act 2004

2004 CHAPTER 33

CONTENTS

Content
  1. Part 1

    Introduction

    1. 1. Civil partnership

  2. Part 2

    Civil partnership: England and Wales

    1. Chapter 1

      Registration

      1. Formation, eligibility and parental etc. consent

        1. 2. Formation of civil partnership by registration

        2. 3. Eligibility

        3. 4. Parental etc. consent where proposed civil partner under 18

      2. Registration procedure: general

        1. 5. Types of pre-registration procedure

        2. 6. Place of registration

        3. 7. The civil partnership document

      3. The standard procedure

        1. 8. Notice of proposed civil partnership and declaration

        2. 9. Power to require evidence of name etc.

        3. 10. Proposed civil partnership to be publicised

        4. 11. Meaning of "the waiting period"

        5. 12. Power to shorten the waiting period

        6. 13. Objection to proposed civil partnership

        7. 14. Issue of civil partnership schedule

        8. 15. Appeal against refusal to issue civil partnership schedule

        9. 16. Frivolous objections and representations: liability for costs etc.

        10. 17. Period during which registration may take place

      4. The procedures for house-bound and detained persons

        1. 18. House-bound persons

        2. 19. Detained persons

      5. Modified procedures for certain non-residents

        1. 20. Modified procedures for certain non-residents

      6. The special procedure

        1. 21. Notice of proposed civil partnership

        2. 22. Evidence to be produced

        3. 23. Application to be reported to Registrar General

        4. 24. Objection to issue of Registrar General's licence

        5. 25. Issue of Registrar General's licence

        6. 26. Frivolous objections: liability for costs

        7. 27. Period during which registration may take place

      7. Supplementary

        1. 28. Registration authorities

        2. 29. Civil partnership registrars

        3. 30. The Registrar General and the register

        4. 31. Offences relating to civil partnership schedule

        5. 32. Offences relating to Registrar General's licence

    2. Chapter 2

      Dissolution, nullity and other proceedings

      1. Introduction

        1. 37. Powers to make orders and effect of orders

        2. 38. The period before conditional orders may be made final

        3. 39. Intervention of the Queen's Proctor

        4. 40. Proceedings before order has been made final

        5. 41. Time bar on applications for dissolution orders

        6. 42. Attempts at reconciliation of civil partners

        7. 43. Consideration by the court of certain agreements or arrangements

      2. Dissolution of civil partnership

        1. 44. Dissolution of civil partnership which has broken down irretrievably

        2. 45. Supplemental provisions as to facts raising presumption of breakdown

        3. 46. Dissolution order not precluded by previous separation order etc.

        4. 47. Refusal of dissolution in 5 year separation cases on ground of grave hardship

        5. 48. Proceedings before order made final: protection for respondent in separation cases

      3. Nullity

        1. 49. Grounds on which civil partnership is void

        2. 50. Grounds on which civil partnership is voidable

        3. 51. Bars to relief where civil partnership is voidable

        4. 52. Proof of certain matters not necessary to validity of civil partnership

        5. 53. Power to validate civil partnership

        6. 54. Validity of civil partnerships registered outside England and Wales

      4. Presumption of death orders

        1. 55. Presumption of death orders

      5. Separation orders

        1. 56. Separation orders

        2. 57. Effect of separation order

      6. Declarations

        1. 58. Declarations

        2. 59. General provisions as to making and effect of declarations

        3. 60. The Attorney General and proceedings for declarations

        4. 61. Supplementary provisions as to declarations

      7. General provisions

        1. 62. Relief for respondent in dissolution proceedings

        2. 63. Restrictions on making of orders affecting children

        3. Chapter 3

          Property and financial arrangements

          1. 65. Contribution by civil partner to property improvement

          2. 66. Disputes between civil partners about property

          3. 67. Applications under section 66 where property not in possession etc.

          4. 68. Applications under section 66 by former civil partners

          5. 69. Actions in tort between civil partners

          6. 70. Assurance policy by civil partner for benefit of other civil partner etc.

          7. 71. Wills, administration of estates and family provision

          8. 72. Financial relief for civil partners and children of family

        4. Chapter 4

          Civil partnership agreements

          1. 73. Civil partnership agreements unenforceable

          2. 74. Property where civil partnership agreement is terminated

        5. Chapter 5

          Children

          1. 75. Parental responsibility, children of the family and relatives

          2. 76. Guardianship

          3. 77. Entitlement to apply for residence or contact order

          4. 78. Financial provision for children

          5. 79. Adoption

        6. Chapter 6

          Miscellaneous

          1. 80. False statements etc. with reference to civil partnerships

          2. 81. Housing and tenancies

          3. 82. Family homes and domestic violence

          4. 83. Fatal accidents claims

          5. 84. Evidence

      8. Part 3

        Civil partnership: Scotland

        1. Chapter 1

          Formation and eligibility

          1. 85. Formation of civil partnership by registration

          2. 86. Eligibility

        2. Chapter 2

          Registration

          1. 87. Appointment of authorised registrars

          2. 88. Notice of proposed civil partnership

          3. 89. Civil partnership notice book

          4. 90. Publicisation

          5. 91. Early registration

          6. 92. Objections to registration

          7. 93. Place of registration

          8. 94. The civil partnership schedule

          9. 95. Further provision as to registration

          10. 96. Civil partnership with former spouse

          11. 97. Certificates of no impediment for Part 2 purposes

          12. 98. Application of certain sections of 1965 Act to civil partnership register

          13. 99. Correction of errors in civil partnership register

          14. 100. Offences

        3. Chapter 3

          Occupancy rights and tenancies

          1. Occupancy rights

            1. 101. Occupancy rights

            2. 102. Occupancy: subsidiary and consequential rights

            3. 103. Regulation by court of rights of occupancy of family home

            4. 104. Exclusion orders

            5. 105. Duration of orders under sections 103 and 104

            6. 106. Continued exercise of occupancy rights after dealing

            7. 107. Dispensation with civil partner's consent to dealing

            8. 108. Interests of heritable creditors

            9. 109. Provisions where both civil partners have title

            10. 110. Rights of occupancy in relation to division and sale

            11. 111. Adjudication

          2. Transfer of tenancy

            1. 112. Transfer of tenancy

        4. Chapter 4

          Interdicts

          1. 113. Civil partners: competency of interdict

          2. 114. Attachment of powers of arrest to relevant interdicts

          3. 115. Police powers after arrest

          4. 116. Procedure after arrest

        5. Chapter 5

          Dissolution, separation and nullity

          1. Dissolution and separation

            1. 117. Dissolution

            2. 118. Encouragement of reconciliation

            3. 119. Effect of resumption of cohabitation

            4. 120. Separation

            5. 121. Dissolution following on decree of separation

            6. 122. Registration of dissolution of civil partnership

          2. Nullity

            1. 123. Nullity

            2. 124. Validity of civil partnerships registered outside Scotland

          3. Financial provision after overseas proceedings

            1. 125. Financial provision after overseas dissolution or annulment

        6. Chapter 6

          Miscellaneous and interpretation

          1. Miscellaneous

            1. 126. Regulations

            2. 127. Attachment

            3. 128. Promise or agreement to enter into civil partnership

            4. 129. Lord Advocate as party to action for nullity or dissolution of civil partnership

            5. 130. Civil partner of accused a competent witness

            6. 131. Succession: legal rights arising by virtue of civil partnership

            7. 132. Assurance policies

            8. 133. Council Tax: liability of civil partners

            9. 134. General provisions as to fees

          2. Interpretation

            1. 135. Interpretation of this Part

            2. 136. The expression "relative" in the 1965 Act

      9. Part 4

        Civil partnership: Northern Ireland

        1. Chapter 1

          Registration

          1. Formation and eligibility

            1. 137. Formation of civil partnership by registration

            2. 138. Eligibility

          2. Preliminaries to registration

            1. 139. Notice of proposed civil partnership

            2. 140. Civil partnership notice book and list of intended civil partnerships

            3. 141. Power to require evidence of name etc.

            4. 142. Objections

            5. 143. Civil partnership schedule

            6. 144. Place of registration

          3. Young persons

            1. 145. Parental etc. consent where proposed civil partner under 18

          4. Supplementary

            1. 146. Validity of registration

            2. 147. Corrections and cancellations

            3. 148. Interpreters

            4. 149. Detained persons

            5. 150. Certificates of no impediment for Part 2 purposes

            6. 151. Registration districts and registration authorities

            7. 152. Registrars and other staff

            8. 153. Records and documents to be sent to Registrar General

            9. 154. Annual report

            10. 155. Searches

            11. 156. Proof of civil partnership for purposes of certain statutory provisions

            12. 157. Fees

            13. 158. Offences

            14. 159. Regulations

            15. 160. Interpretation

        2. Chapter 2

          Dissolution, nullity and other proceedings

          1. Introduction

            1. 161. Powers to make orders and effect of orders

            2. 162. The period before conditional orders may be made final

            3. 163. Intervention by the Crown Solicitor

            4. 164. Proceedings before order has been made final

            5. 165. Time bar on applications for dissolution orders

            6. 166. Attempts at reconciliation of civil partners

            7. 167. Consideration by the court of certain agreements or arrangements

          2. Dissolution of civil partnership

            1. 168. Dissolution of civil partnership which has broken down irretrievably

            2. 169. Supplemental provisions as to facts raising presumption of breakdown

            3. 170. Dissolution order not precluded by previous separation order etc.

            4. 171. Refusal of dissolution in 5 year separation cases on ground of grave hardship

            5. 172. Proceedings before order made final: protection for respondent in separation cases

          3. Nullity

            1. 173. Grounds on which civil partnership is void

            2. 174. Grounds on which civil partnership is voidable

            3. 175. Bars to relief where civil partnership is voidable

            4. 176. Proof of certain matters not necessary to validity of civil partnership

            5. 177. Validity of civil partnerships registered outside Northern Ireland

          4. Presumption of death orders

            1. 178. Presumption of death orders

          5. Separation orders

            1. 179. Separation orders

            2. 180. Effect of separation order

          6. Declarations

            1. 181. Declarations

            2. 182. General provisions as to making and effect of declarations

            3. 183. The Attorney General and proceedings for declarations

            4. 184. Supplementary provisions as to declarations

          7. General provisions

            1. 185. Relief for respondent in dissolution proceedings

            2. 186. Restrictions on making of orders affecting children

            3. 187. Parties to proceedings under this Chapter

        3. Chapter 3

          Property and financial arrangements

          1. 191. Disputes between civil partners about property

          2. 192. Applications under section 191 where property not in possession etc.

          3. 193. Applications under section 191 by former civil partners

          4. 194. Assurance policy by civil partner for benefit of other civil partner etc.

          5. 195. Wills, administration of estates and family provision

          6. 196. Financial relief for civil partners and children of family

        4. Chapter 4

          Civil partnership agreements

          1. 197. Civil partnership agreements unenforceable

          2. 198. Property where civil partnership agreement is terminated

        5. Chapter 5

          Children

          1. 199. Parental responsibility, children of the family and relatives

          2. 200. Guardianship

          3. 201. Entitlement to apply for residence or contact order

          4. 202. Financial provision for children

          5. 203. Adoption

        6. Chapter 6

          Miscellaneous

          1. 204. False statements etc. with reference to civil partnerships

          2. 205. Housing and tenancies

          3. 206. Family homes and domestic violence

          4. 207. Fatal accidents claims

          5. 208. Evidence

          6. 209. Restriction on publicity of reports of proceedings

      10. Part 5

        Civil partnership formed or dissolved abroad etc.

        1. Chapter 1

          Registration outside UK under Order in Council

          1. 210. Registration at British consulates etc.

          2. 211. Registration by armed forces personnel

        2. Chapter 2

          Overseas relationships treated as civil partnerships

          1. 212. Meaning of "overseas relationship"

          2. 213. Specified relationships

          3. 214. The general conditions

          4. 215. Overseas relationships treated as civil partnerships: the general rule

          5. 216. The same-sex requirement

          6. 217. Person domiciled in a part of the United Kingdom

          7. 218. The public policy exception

        3. Chapter 3

          Dissolution etc.: jurisdiction and recognition

          1. Introduction

            1. 219. Power to make provision corresponding to EC Regulation 2201/2003

          2. Jurisdiction of courts in England and Wales

            1. 220. Meaning of "the court"

            2. 221. Proceedings for dissolution, separation or nullity order

            3. 222. Proceedings for presumption of death order

            4. 223. Proceedings for dissolution, nullity or separation order: supplementary

            5. 224. Applications for declarations as to validity etc.

          3. Jurisdiction of Scottish courts

            1. 225. Jurisdiction of Scottish courts

            2. 226. Sisting of proceedings

            3. 227. Scottish ancillary and collateral orders

          4. Jurisdiction of courts in Northern Ireland

            1. 228. Meaning of "the court"

            2. 229. Proceedings for dissolution, separation or nullity order

            3. 230. Proceedings for presumption of death order

            4. 231. Proceedings for dissolution, nullity or separation order: supplementary

            5. 232. Applications for declarations as to validity etc.

          5. Recognition of dissolution, annulment and separation

            1. 233. Effect of dissolution, annulment or separation obtained in the UK

            2. 234. Recognition in the UK of overseas dissolution, annulment or separation

            3. 235. Grounds for recognition

            4. 236. Refusal of recognition

            5. 237. Supplementary provisions relating to recognition of dissolution etc.

            6. 238. Non-recognition elsewhere of dissolution or annulment

        4. Chapter 4

          Miscellaneous and supplementary

          1. 239. Commanding officers' certificates for Part 2 purposes

          2. 240. Certificates of no impediment to overseas relationships

          3. 241. Transmission of certificates of registration of overseas relationships

          4. 242. Power to make provision relating to certain Commonwealth forces

          5. 243. Fees

          6. 244. Orders in Council: supplementary

          7. 245. Interpretation

      11. Part 6

        Relationships arising through civil partnership

        1. 246. Interpretation of statutory references to stepchildren etc.

        2. 247. Provisions to which section 246 applies: Acts of Parliament etc.

        3. 248. Provisions to which section 246 applies: Northern Ireland

      12. Part 7

        Miscellaneous

        1. 249. Immigration control and formation of civil partnerships

        2. 250. Gender recognition where applicant a civil partner

        3. 251. Discrimination against civil partners in employment field

        4. 252. Discrimination against civil partners in employment field: Northern Ireland

        5. 253. Civil partners to have unlimited insurable interest in each other

        6. 254. Social security, child support and tax credits

        7. 255. Power to amend enactments relating to pensions

        8. 256. Amendment of certain enactments relating to pensions

        9. 257. Amendment of certain enactments relating to the armed forces

      13. Part 8

        Supplementary

        1. 258. Regulations and orders

        2. 259. Power to make further provision in connection with civil partnership

        3. 260. Community obligations and civil partners

        4. 261. Minor and consequential amendments, repeals and revocations

        5. 262. Extent

        6. 263. Commencement

        7. 264. Short title

        1. Schedule 1

          Prohibited degrees of relationship: England and Wales

          1. Part 1

            The prohibitions

          2. Part 2

            Special provisions relating to qualified prohibitions

        2. Schedule 2

          Civil partnerships of persons under 18: England and Wales

          1. Part 1

            Appropriate persons

          2. Part 2

            Obtaining consent: general

          3. Part 3

            Obtaining consent: special procedure

          4. Part 4

            Provisions relating to the court

        3. Schedule 3

          Registration by former spouses one of whom has changed sex

        4. Schedule 4

          Wills, administration of estates and family provision

          1. Part 1

            Wills

          2. Part 2

            Administration of estates and family provision

        5. Schedule 5

          Financial relief in the High Court or a county court etc.

          1. Part 1

            Financial provision in connection with dissolution, nullity or separation

          2. Part 2

            Property adjustment on or after dissolution, nullity or separation

          3. Part 3

            Sale of property orders

          4. Part 4

            Pension sharing orders on or after dissolution or nullity order

          5. Part 5

            Matters to which court is to have regard under Parts 1 to 4

          6. Part 6

            Making of Part 1 orders having regard to pension benefits

          7. Part 7

            Pension protection fund compensation etc.

          8. Part 8

            Maintenance pending outcome of dissolution, nullity or separation proceedings

          9. Part 9

            Failure to maintain: financial provision (and interim orders)

          10. Part 10

            Commencement of certain proceedings and duration of certain orders

          11. Part 11

            Variation, discharge etc. of certain orders for financial relief

          12. Part 12

            Arrears and repayments

          13. Part 13

            Consent orders and maintenance agreements

          14. Part 14

            Miscellaneous and supplementary

        6. Schedule 6

          Financial relief in magistrates' courts etc.

          1. Part 1

            Failure to maintain etc.: financial provision

          2. Part 2

            Orders for agreed financial provision

          3. Part 3

            Orders of court where civil partners living apart by agreement

          4. Part 4

            Interim orders

          5. Part 5

            Commencement and duration of orders under Parts 1, 2 and 3

          6. Part 6

            Variation etc. of orders

          7. Part 7

            Arrears and repayments

          8. Part 8

            Supplementary

        7. Schedule 7

          Financial relief in England and Wales after overseas dissolution etc. of a civil partnership

          1. Part 1

            Financial relief

          2. Part 2

            Steps to prevent avoidance prior to application for leave under paragraph 4

          3. Part 3

            Supplementary

        8. Schedule 8

          Housing and tenancies

        9. Schedule 9

          Family homes and domestic violence

          1. Part 1

            Amendments of the Family Law Act 1996 (c. 27)

          2. Part 2

            Consequential amendments

          3. Part 3

            Transitional provision

        10. Schedule 10

          Forbidden degrees of relationship: Scotland

        11. Schedule 11

          Financial provision in Scotland after overseas proceedings

          1. Part 1

            Introductory

          2. Part 2

            Circumstances in which court may entertain application for financial provision

          3. Part 3

            Disposal of applications

          4. Part 4

            The expression "order for financial provision"

        12. Schedule 12

          Prohibited degrees of relationship: Northern Ireland

        13. Schedule 13

          Civil partnerships of persons under 18: Northern Ireland

          1. Part 1

            Appropriate persons

          2. Part 2

            Dispensing with consent

          3. Part 3

            Recording consents and orders

        14. Schedule 14

          Wills, administration of estates and family provision: Northern Ireland

          1. Part 1

            Wills

          2. Part 2

            Administration of estates and family provision

        15. Schedule 15

          Financial relief in the High Court or a county court etc.: Northern Ireland

          1. Part 1

            Financial provision in connection with dissolution, nullity or separation

          2. Part 2

            Property adjustment on or after dissolution, nullity or separation

          3. Part 3

            Pension sharing orders on or after dissolution or nullity order

          4. Part 4

            Matters to which court is to have regard under Parts 1 to 3

          5. Part 5

            Making of Part 1 orders having regard to pension benefits

          6. Part 6

            Pension protection fund compensation etc.

          7. Part 7

            Maintenance pending outcome of dissolution, nullity or separation proceedings

          8. Part 8

            Failure to maintain: financial provision (and interim orders)

          9. Part 9

            Commencement of certain proceedings and duration of certain orders

          10. Part 10

            Variation, discharge etc. of certain orders for financial relief

          11. Part 11

            Arrears and repayments

          12. Part 12

            Consent orders and maintenance agreements

          13. Part 13

            Miscellaneous and supplementary

        16. Schedule 16

          Financial relief in court of summary jurisdiction etc.: Northern Ireland

          1. Part 1

            Failure to maintain etc.: financial provision

          2. Part 2

            Orders for agreed financial provision

          3. Part 3

            Orders of court where civil partners living apart by agreement

          4. Part 4

            Interim orders

          5. Part 5

            Commencement and duration of orders under Parts 1, 2 and 3

          6. Part 6

            Variation etc. of orders

          7. Part 7

            Arrears and repayments

          8. Part 8

            Supplementary

        17. Schedule 17

          Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership

          1. Part 1

            Financial relief

          2. Part 2

            Steps to prevent avoidance prior to application for leave under paragraph 4

          3. Part 3

            Supplementary

        18. Schedule 18

          Housing and tenancies: Northern Ireland

        19. Schedule 19

          Family homes and domestic violence: Northern Ireland

          1. Part 1

            Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))

          2. Part 2

            Consequential amendments

          3. Part 3

            Transitional provision

        20. Schedule 20

          Meaning of overseas relationship: specified relationships

        21. Schedule 21

          References to stepchildren etc. in existing Acts

        22. Schedule 22

          References to stepchildren etc. in existing Northern Ireland legislation

        23. Schedule 23

          Immigration control and formation of civil partnerships

          1. Part 1

            Introduction

          2. Part 2

            England and Wales

          3. Part 3

            Scotland

          4. Part 4

            Northern Ireland

          5. Part 5

            Regulations

        24. Schedule 24

          Social security, child support and tax credits

          1. Part 1

            Amendments of the Child Support Act 1991 (c. 48)

          2. Part 2

            Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

          3. Part 3

            Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

          4. Part 4

            Amendments of the Social Security Administration Act 1992 (c. 5)

          5. Part 5

            Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

          6. Part 6

            Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

          7. Part 7

            Amendments of the Jobseekers Act 1995 (c. 18)

          8. Part 8

            Amendments of the Child Support Act 1995 (c. 34)

          9. Part 9

            Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

          10. Part 10

            Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

          11. Part 11

            Amendments of the Social Security Act 1998 (c. 14)

          12. Part 12

            Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

          13. Part 13

            Amendments of the State Pension Credit Act 2002 (c. 16)

          14. Part 14

            Amendments of the Tax Credits Act 2002 (c. 21)

          15. Part 15

            Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

        25. Schedule 25

          Amendment of certain enactments relating to pensions

        26. Schedule 26

          Amendment of certain enactments relating to the armed forces

        27. Schedule 27

          Minor and consequential amendments: general

        28. Schedule 28

          Consequential amendments: Scotland

          1. Part 1

            Amendments of the Succession (Scotland) Act 1964 (c. 41)

          2. Part 2

            Amendments of the Family Law (Scotland) Act 1985 (c. 37)

          3. Part 3

            Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

          4. Part 4

            Miscellaneous amendments

        29. Schedule 29

          Minor and consequential amendments: Northern Ireland

        30. Schedule 30

          Repeals and revocations

An Act to make provision for and in connection with civil partnership.

[18th November 2004]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Introduction

1 Civil partnership

(1) A civil partnership is a relationship between two people of the same sex ("civil partners")--

(a) which is formed when they register as civil partners of each other--

(i) in England or Wales (under Part 2),

(ii) in Scotland (under Part 3),

(iii) in Northern Ireland (under Part 4), or

(iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

(b) which they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship.

(2) Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.

(3) A civil partnership ends only on death, dissolution or annulment.

(4) The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.

(5) References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.



Part 2 Civil partnership: England and Wales

Chapter 1 Registration

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Formation, eligibility and parental etc. consent

2 Formation of civil partnership by registration

(1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document--

(a) at the invitation of, and in the presence of, a civil partnership registrar, and

(b) in the presence of each other and two witnesses.

(2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

(3) After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by--

(a) each of the two witnesses, and

(b) the civil partnership registrar.

(4) After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that--

(a) the fact that the two people have registered as civil partners of each other, and

(b) any other information prescribed by regulations,

is recorded in the register as soon as is practicable.

(5) No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

(6) "The civil partnership document" has the meaning given by section 7(1).

(7) "The relevant registration authority" means the registration authority in whose area the registration takes place.

3 Eligibility

(1) Two people are not eligible to register as civil partners of each other if--

(a) they are not of the same sex,

(b) either of them is already a civil partner or lawfully married,

(c) either of them is under 16, or

(d) they are within prohibited degrees of relationship.

(2) Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

4 Parental etc. consent where proposed civil partner under 18

(1) The consent of the appropriate persons is required before a child and another person may register as civil partners of each other.

(2) Part 1 of Schedule 2 contains provisions for determining who are the appropriate persons for the purposes of this section.

(3) The requirement of consent under subsection (1) does not apply if the child is a surviving civil partner.

(4) Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.

(5) In this Part "child", except where used to express a relationship, means a person who is under 18.



Registration procedure: general

5 Types of pre-registration procedure

(1) Two people may register as civil partners of each other under--

(a) the standard procedure;

(b) the procedure for house-bound persons;

(c) the procedure for detained persons;

(d) the special procedure (which is for cases where a person is seriously ill and not expected to recover).

(2) The procedures referred to in subsection (1)(a) to (c) are subject to--

(a) section 20 (modified procedures for certain non-residents);

(b) Schedule 3 (former spouses one of whom has changed sex).

(3) The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to--

(a) Part 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), and

(b) Parts 2 and 3 of Schedule 2 (provisions applicable where proposed civil partner is under 18).

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 | P.40

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