PART 3Civil Partnership: Opposite-sex Couples
Extension of civil partnership to opposite-sex couplesI116
1
The Civil Partnership Act 2004 is amended as follows.
2
In section 1(1) (definition of civil partnership), in the words before paragraph (a), omit “of the same sex”.
3
In section 138(1) (conditions for eligibility to register civil partnership in Northern Ireland), omit paragraph (a) (parties must be of the same sex).
Treatment of opposite-sex overseas relationships as civil partnerships
I217
1
The Civil Partnership Act 2004 is amended as follows.
2
In section 212 (meaning of “overseas relationship”)—
a
in subsection (1)(b) omit sub-paragraph (i) (including the “and”), and
b
in subsection (1A)16, after “England and Wales” insert “or to Northern Ireland”.
3
In section 213 (“specified” overseas relationships)—
a
in subsection (1), for “by Schedule 20” substitute—
—
a
in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,
b
in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20
b
in subsection (3), after “this section” insert “amending Part 1 of Schedule 20”, and
c
after subsection (3) insert—
3A
No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.
4
In section 21517 (overseas relationships treated as civil partnerships: the general rule)—
a
in subsection (2), for “subsection (3)” substitute “subsections (3) and (5F)”,
b
before subsection (6) insert—
5E
In the case of a relationship that is—
a
an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and
b
registered (under the relevant law) as having been entered into before 13 January 2020,
subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).
5F
The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.
5G
But if—
a
before 13 January 2020, a dissolution or annulment of the 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 (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).
5H
The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—
a
Schedules 7, 11 and 17;
b
such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;
c
Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).
c
in subsection (6) omit “216,”.
5
Omit section 216 (the same-sex requirement).
6
In section 237(2)(b)(ii)18 (regulation about recognition of dissolution etc where civil partnership not recognised under law of civil partner’s domicile), for “legal relationships between two people of the same sex” substitute “relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex)”.
7
In Schedule 20—
a
the existing text becomes Part 1,
b
in that Part—
i
in the words before the table, for “213 (meaning of “overseas relationship)” substitute “213(1)(a) (specified relationships between two people of the same sex)”, and
ii
in the table, omit columns 1 and 2 of the entry for the relationship of marriage for each of Argentina, Belgium, Brazil, Canada, Denmark, Iceland, Mexico: Mexico City Federal District, Netherlands, Norway, Portugal, South Africa, Spain, Sweden, United States of America: California, United States of America: Connecticut, United States of America: District of Columbia, United States of America: Iowa, United States of America: Massachusetts, United States of America: New Hampshire, United States of America: New York and United States of America: Vermont, and
c
after that Part insert as Part 2 the following provision—
PART 2Opposite-sex relationships
A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—
Country or territory
Description
Andorra
uniό estable de parella
Argentina
unión convivencial
Aruba
geregistreerd partnerschap
Australia: Australian Capital Territory
civil partnership
Australia: New South Wales
a relationship registered under the Relationships Register Act 2010
Australia: Queensland
civil partnership
Australia: South Australia
registered relationship
Australia: Tasmania
significant relationship
Australia: Victoria
registered domestic relationship
Austria
eingetragene Partnerschaft
Belgium
the relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches Zusammenwohnen
Bermuda
domestic partnership
Brazil
união estável
Canada: Alberta
adult interdependent partner
Canada: Manitoba
the relationship referred to as common-law relationship or as union de fait
Canada: Nova Scotia
domestic partnership
Canada: Quebec
union civile
Chile
unión civil
Colombia
unión marital de hecho
Cyprus
politiki symviosi
Ecuador
unión de hecho
Estonia
kooselulepingu
Falkland Islands
civil partnership
France
pacte civil de solidarité
Gibraltar
civil partnership
Greece
simfono simviosis
Isle of Man
civil partnership
Israel
civil union
Luxembourg
the relationship referred to as partenariat enregistré or eingetragene Partnerschaft
Malta
civil union
Mexico: Campeche
sociedad civil de Convivencia
Mexico: Coahuila
pacto civil de solidaridad
Mexico: Mexico City Federal District
sociedad de convivencia
Mexico: Michoacán
sociedad de Convivencia
Mexico: Tlaxcala
sociedad de convivencia solidaria
Netherlands
geregistreerd partnerschap
New Zealand
civil union
San Marino
unione civile
South Africa
civil partnership
Spain: Balearic Islands
pareja estable
Spain: Basque Country
pareja de hecho
Spain: Galicia
pareja de hecho
United States of America: California
domestic partnership
United States of America: Colorado
civil union
United States of America: District of Columbia
domestic partnership
United States of America: Hawaii
civil union
United States of America: Illinois
civil union
United States of America: Maine
domestic partnership
United States of America: Nevada
domestic partnership
United States of America: New Jersey
domestic partnership
United States of America: Washington
state registered domestic partnership
I3I218
In article 4 of the Civil Partnership (Registration Abroad and Certificates) Order 200519 (registration abroad by registration officer), after paragraph (4A) insert—
4AA
If the relevant part of the United Kingdom is Northern Ireland, a country or territory is treated by paragraph (4) as having sufficient facilities only if—
a
in the case of proposed civil partners who are of the same sex under the law of that country or territory, the country or territory is listed in Part 1 of Schedule 20 to the Act (as it forms part of the law of Northern Ireland);
b
in the case of proposed civil partners who are of the opposite sex under that law, the country or territory is listed in Part 2 of that Schedule.
I4I219
1
Regulation 3 of the Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 200520 is amended as follows.
2
In the heading, for “between two people of the same sex” substitute “of the sort in question”.
3
In paragraph (2), in the inserted subsection (1A)(c), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.
4
In paragraph (3), in the inserted subsection (2A)(b), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.
5
After paragraph (3) insert—
4
After subsection (3) insert—
3A
In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—
a
in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;
b
in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.
3B
In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).
Prescribed forms relating to civil partnershipsI520
1
The Civil Partnership Regulations (Northern Ireland) 200521 are amended as follows.
2
In Schedule 1 (form of civil partnership notice)—
a
in paragraph 7, for “Disollution” substitute “Dissolution”,
b
in paragraph 12, after the boxes for Postcode, insert—
Contact telephone number
Contact email address
c
in the heading of Part C, after “father” insert “/parent”,
d
in paragraph 16, for “Is he” substitute “Are they”,
e
in the heading of Part D, after “mother” insert “/parent”,
f
in paragraph 21, for “Is he” substitute “Are they”, and
g
in paragraph 25, for “PREVIOUS MARRIAGE” substitute “DIVORCED OR PREVIOUS MARRIAGE ANNULLED”.
3
In Schedule 2 (civil partnership schedule)—
a
in paragraph 3 omit “Civil Partner” in both places it occurs,
b
in paragraph 9, after “Father’s” insert “/Parent’s”,
c
in paragraph 10, after “Mother’s” insert “/Parent’s”, and
d
in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.
4
In Schedule 5 (form of consent), in footnote (b), after “Mother” insert “, Parent”.
5
In Schedule 8 (form of certified copy of register entry)—
a
in paragraph 3 omit “Civil Partner” in both places it occurs,
b
in paragraph 9, after “Father’s” insert “/Parent’s”,
c
in paragraph 10, after “Mother’s” insert “/Parent’s”, and
d
in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.
6
In Schedule 9 (form of certified copy of register entry)—
a
in paragraph 3 omit “Civil Partner” in both places it occurs,
b
in paragraph 9, after “Father’s” insert “/Parent’s”,
c
in paragraph 10, after “Mother’s” insert “/Parent’s”, and
d
in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.
7
In Schedule 10 (form of certified copy of register entry), in paragraph 3 omit “Civil Partner” in both places it occurs.