The Civil Partnership (Treatment of Overseas Relationships) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes provision relating to the treatment of overseas relationships treated as civil partnerships by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004 (c. 33) (“the 2004 Act”) which were registered in the country where they were entered into before the date on which the 2004 Act comes into force (the 5^th December 2005).

Under section 215 of the 2004 Act an overseas relationship registered abroad before 5^th December 2005 will be treated as a Civil Partnership which was formed on the date when that section comes into force. For most purposes an overseas relationship which was dissolved or annulled before that date will not be treated as a Civil Partnership. Section 215(4) modifies this rule in relation to certain specified provisions and section 215(5) gives a Minister of the Crown power to specify additional provisions. Article 2 of this Order exercises that power.

Article 3 of this Order modifies the application of various provisions of the 2004 Act which refer to the length of the civil partnership concerned so that they apply in relation to overseas relationships registered before 5^th December 2005 in a way which allows consideration of the actual length of that overseas relationship.

Article 4 saves a will made by a party before registering, before 5^th December 2005, an overseas relationship, from becoming invalid on recognition of the relationship as a civil partnership.

Article 5 modifies the provision which determines when an overseas relationship formed before 5^th December 2005 will be recognised as a civil partnership to ensure that a person cannot be recognised as being a party to more than one civil partnership or a civil partnership and a marriage at the same time.