Civil Partnership Act 2004 (c. 33)

Part 5 U.K. Civil partnership formed or dissolved abroad etc.

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

217 Person domiciled in a part of the United Kingdom U.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 [F1 18], 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.

Textual Amendments

F1 Word in s. 217(2)(a) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)