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