PART 7Amendments of Legislation
Civil Partnership Act 200444
1
The Civil Partnership Act 200447 is amended as follows.
2
In section 1(1) (formation and deemed formation of civil partnerships), after paragraph (b) insert—
, or
c
which results from the conversion, under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, of their marriage.
3
In section 1(3) (ways in which a civil partnership may end), after paragraph (c) insert—
, or
d
in the case of a civil partnership formed as mentioned in subsection (1)(a)(iii) or (iv), on the conversion of the civil partnership into a marriage—
i
under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or
ii
under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.
4
In section 54 (validity in England and Wales of civil partnerships formed elsewhere), after subsection (2) insert—
2A
Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—
a
void, if it would be void in Northern Ireland under section 173, and
b
voidable, if it would be voidable there under section 174.
5
In section 173 (grounds on which a civil partnership is void)—
a
the existing text becomes subsection (1) of that section, and
b
after that subsection insert—
2
Subsection (3) applies in the case of a civil partnership which results from the conversion, or purported conversion, of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
3
The civil partnership is void if (but only if) the marriage was void.
6
After section 174 insert—
174ACivil partnership converted from a marriage: when voidable
1
Subsections (2) and (3) apply in the case of a civil partnership which results from the conversion of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
2
Section 174(1) applies in relation to the civil partnership, but does so as if—
a
the reference in paragraph (a) to either party not validly consenting to the formation of the civil partnership were a reference to either party not validly consenting to the marriage, and
b
a reference in paragraphs (b) to (e) to the time of the civil partnership’s formation were a reference to the time of the marriage.
3
Section 175 applies in relation to the civil partnership as if—
a
the reference in subsection (1)(a) to obtaining a nullity order were a reference to obtaining a nullity order or (at times before the conversion) to having the marriage avoided,
b
the reference in subsection (2) to the date of the formation of the civil partnership were a reference to the date of the marriage, and
c
the reference in subsection (6) to the time of the formation of the civil partnership were a reference to the time of the marriage.