PART 3Civil Partnership: Opposite-sex Couples
Treatment of opposite-sex overseas relationships as civil partnershipsI117
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