Civil Partnership Act 2004

Part 1 — Introduction

Civil partnership

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• (1) A civil partnership is a relationship between two people ... (“civil partners”)—

• (a) which is formed when they register as civil partners of each other—

• (i) in England or Wales (under Part 2),

• (ii) in Scotland (under Part 3),

• (iii) in Northern Ireland (under Part 4), or

• (iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

• (b) which they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship , 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.

• (2) Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.

• (3)

• (a) A civil partnership ends only on death, dissolution or annulment , or

• (b) in the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 , or

• (c) on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977) , 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.

• (3A) Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).

• (4) The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.

• (5) References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.

Part 2 — Civil partnership: England and Wales

Chapter 1 — Registration

Formation, eligibility and parental etc. consent

Formation of civil partnership by registration

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• (1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—

• (a) at the invitation of, and in the presence of, a civil partnership registrar, and

• (b) in the presence of each other and two witnesses.

• (2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

• (3) After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—

• (a) each of the two witnesses, and

• (b) the civil partnership registrar.

• (4) After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—

• (a) the fact that the two people have registered as civil partners of each other, and

• (b) any other information prescribed by regulations,

is recorded in the register as soon as is practicable.

• (5) No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

• (6) “The civil partnership document” has the meaning given by section 7(1).

• (7) “The relevant registration authority” means the registration authority in whose area the registration takes place.

Minor and consequential amendments, repeals and revocations

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• (1) Two people are not eligible to register as civil partners of each other if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) either of them is already a civil partner or lawfully married,

• (c) either of them is under 18, ...

• (d) they are within prohibited degrees of relationship , or

• (e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.

• (1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.

• (1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.

• (2) Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

• (3) In this section—

• “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;

• “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

• (4) A person is to be treated for the purposes of this section as being subject to a whole life order if—

• (a) the person is serving a life sentence passed before 18 December 2003,

• (b) the sentence was passed in circumstances where the sentence was fixed by law,

• (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

• (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).

Parental etc. consent where proposed civil partner under 18

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration procedure: general

Types of pre-registration procedure

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• (1) Two people may register as civil partners of each other under—

• (a) the standard procedure;

• (b) the procedure for house-bound persons;

• (c) the procedure for detained persons;

• (d) the special procedure (which is for cases where a person is seriously ill and not expected to recover).

• (2) The procedures referred to in subsection (1)(a) to (c) are subject to—

• (a) section 20 (modified procedures for certain non-residents);

• (b) Schedule 3 (former spouses one of whom has changed sex).

• (3) The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—

• (a) Part 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).

Place of registration

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• (1) The place at which two people may register as civil partners of each other—

• (a) must be in England or Wales,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) must be specified in the notices, or notice, of proposed civil partnership required by this Chapter.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).

• (3A) The place must be—

• (a) on approved premises, or

• (b) in a register office.

• (3B) If it is in a register office, the place must be open to any person wishing to attend the registration.

• (3C) In this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.

• (3D) Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—

• (a) only in relation to civil partnerships formed by two people of the same sex, or

• (b) only in relation to civil partnerships formed by two people of the opposite sex,

the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The civil partnership document

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• (1) In this Part “the civil partnership document” means—

• (a) in relation to the special procedure, a Registrar General’s licence, and

• (b) in relation to any other procedure, a civil partnership schedule.

• (2) Before two people are entitled to register as civil partners of each other—

• (a) the civil partnership document must be delivered to the civil partnership registrar, and

• (b) the civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.

The standard procedure

Notice of proposed civil partnership and declaration

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• (1) For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—

• (a) if the proposed civil partners have resided in the area of the same registration authority for the period of 7 days immediately before the giving of the notice, by each of them to that registration authority;

• (b) if the proposed civil partners have not resided in the area of the same registration authority for that period, by each of them to the registration authority in whose area he or she has resided for that period.

• (2) A notice of proposed civil partnership must contain such information as may be prescribed by regulations.

• (3) A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice—

• (a) at the time when the notice is given, and

• (b) in the presence of an authorised person;

and the authorised person must attest the declaration by adding his name, description and place of residence.

• (4) The necessary declaration is a solemn declaration in writing—

• (a) that the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;

• (b) that the proposed civil partners have for the period of 7 days immediately before the giving of the notice had their usual places of residence in the area of the registration authority, or in the areas of the registration authorities, to which notice is given.

• (c) that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.

• (5) Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—

• (a) the fact that the notice has been given and the information in it;

• (b) the fact that the authorised person has attested the declaration.

• (5A) Subsection (5) is subject to section 9F.

• (6) “Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.

• (7) For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.

Power to require evidence of name etc.

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• (1) A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—

• (a) the person's name and surname;

• (b) the person's date of birth;

• (c) the person's place of residence;

• (d) the person's nationality.

• (1A) If a party to the proposed civil partnership is a relevant national within the meaning of section 30A(ab) the notice of proposed civil partnership under section 8 must also be accompanied—

• (a) where the party falls within section 30A(ab)(i), by an electronic certificate which confirms that the leave referred to in that provision has been granted; or

• (b) where the party falls within section 30A(ab)(ii)—

• (i) by a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and

• (ii) by evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.

• (2) A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—

• (a) as to whether the person has previously formed a civil partnership or been married; and

• (b) if so, as to the ending of the civil partnership or marriage.

• (3) In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.

Proposed civil partnership to be publicised

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• (1) Where a notice of proposed civil partnership has been given to a registration authority, the registration authority must keep the relevant information on public display during the waiting period.

• (2) “The relevant information” means—

• (a) the name of the person giving the notice,

• (b) the name of that person’s proposed civil partner, and

• (c) such other information included in the notice of proposed civil partnership as may be prescribed by regulations.

• (3) All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.

Meaning of “the waiting period”

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In this Chapter “the waiting period”, in relation to a notice of proposed civil partnership, means the period—

• (a) beginning the day after the notice is recorded, and

• (b) subject to section 12, ending at the end of the period of 28 days beginning with that day.

Power to shorten the waiting period

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• (1) If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of 28 days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.

• (2) Regulations may make provision with respect to the making, and granting, of applications under subsection (1).

• (3) Regulations under subsection (2) may provide for—

• (a) the power conferred by subsection (1) to be exercised by a registration authority on behalf of the Registrar General in such classes of case as are prescribed by the regulations;

• (b) the making of an appeal to the Registrar General against a decision taken by a registration authority in accordance with regulations made by virtue of paragraph (a).

• (4) If a proposed civil partnership is referred to the Secretary of State under section 12A—

• (a) any application under subsection (1) is to be made to the Secretary of State; and

• (b) the power conferred by subsection (1) is exercisable by the Secretary of State.

• (5) If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—

• (a) the applicant,

• (b) the registration authority to which notice of the proposed civil partnership was given, and

• (c) if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership.

• (6) Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).

• (7) The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).

• (8) The Secretary of State must consult the Registrar General before making regulations under subsection (7).

Objection to proposed civil partnership

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• (1) Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.

• (2) A notice of objection must—

• (a) state the objector’s place of residence and the ground of objection, and

• (b) be signed by or on behalf of the objector.

• (3) If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

Issue of civil partnership schedule

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