Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

“referred civil partnership” means the proposed civil partnership referred to the Secretary of State.

No civil partnership schedule to be issued until decision about investigation etc

2

(1) The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs.

(2) Event 1 occurs if—

(a) the Secretary of State gives the registration authority or authorities the section 48 notice, and

(b) that notice is of a decision not to investigate whether the referred civil partnership is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the registration authority or authorities the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the registration authority or authorities the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the registration authority or authorities the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the registration authority or authorities notice that the duty under section 14(1) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registration authority or authorities the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the issue of the civil partnership schedule.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

“70 day period” has the same meaning as in section 50 of the 2014 Act;

“relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

“section 48 notice” means notice under section 48(8) of the 2014 Act;

“section 50 notice” means notice under section 50(7) of the 2014 Act.

Civil partnership to be investigated: extension of waiting period to 70 days

3

(1) The modifications in this paragraph have effect if the Secretary of State gives the registration authority notice under section 48(8) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham.

(2) Section 11(b): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.

(3) But, for the purposes of section 10, the waiting period is not extended by sub-paragraph (2).

(4) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with section 8(5), and

(b) ending at the end of the period of 70 days beginning with that day.

Effect of shortening waiting period

4

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 12(5) of the grant of an application made under section 12(1) (power to shorten the waiting period) in relation to the referred civil partnership, and

(b) that notice is given at a time when the duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership has not arisen in accordance with paragraph 2.

(2) The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership arises on the giving of the notice under section 12(5), subject to any other requirements applicable to the issue of the schedule being met.

(3) But the requirements of paragraph 2 are not applicable in such a case.

(4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a schedule in respect of the referred civil partnership is issued as mentioned in sub-paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation.

(6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed civil partnership is a sham.

SCHEDULE 10A

No civil partnership schedule to be completed until decision about investigation etc

1

(1) These are the modifications subject to which this Act has effect if the district registrar refers a proposed civil partnership to the Secretary of State.

(2) In this Schedule “referred civil partnership” means the proposed civil partnership referred to the Secretary of State.

2

(1) The duty under section 94 (civil partnership schedule) to complete a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs.

(2) Event 1 occurs if—

(a) the Secretary of State gives the district registrar the section 48 notice, and

(b) the notice is of a decision not to investigate whether the referred civil partnership is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the district registrar the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the district registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the district registrar the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the district registrar notice that the duty under section 94 is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the district registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the completion of the civil partnership schedule.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

“70 day period” has the same meaning as in section 50(11) of the 2014 Act;

“relevant statutory period” has the same meaning as in section 62 of the 2014 Act;

“section 48 notice” means notice under section 48(8D) of the 2014 Act;

“section 50 notice” means notice under section 50(7) of the 2014 Act.

3

(1) The modifications in this paragraph have effect if the Secretary of State gives the district registrar notice under section 48(8D) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham.

(2) Section 91(1) has effect as if—

(a) for the words from “being” to “section 90” there were substituted “being a date before the expiry of the relevant 70 day period”, and

(b) the words from “; and if a date” to the end were omitted.

(3) Section 94 has effect as if for paragraph (b) there were substituted—

(b) the relevant 70 day period has expired,”.

(4) In sections 91 and 94 (as modified by this paragraph) and in paragraph 4 “relevant 70 day period” means the period—

(a) beginning the day after the particulars of the proposed civil partnership are entered in the civil partnership book in accordance with section 89 (civil partnership notice book), and

(b) ending at the end of the period of 70 days beginning with that day.

(5) This paragraph is subject to paragraph 4.

4

(1) Where—

(a) either—

(i) a district registrar is authorised to fix a date for the date of registration of the referred civil partnership that is 28 days or fewer after publicisation by the district registrar under section 90(1), or

(ii) in the case of a referred civil partnership to which paragraph 3 applies, the district registrar is authorised to fix a date for the date of registration before the expiry of the relevant 70 day period, and

(b) the authorisation mentioned in sub-paragraph (i) or, as the case may be, (ii) of paragraph (a) is given at a time when the duty under section 94 to complete a civil partnership schedule in respect of the referred civil partnership has not arisen in accordance with paragraph 2,

the duty under section 94 to complete the civil partnership schedule arises on the giving of the authorisation, subject to any other requirements applicable to the completion of the schedule being met.

(2) But the requirements of paragraph 2 are not applicable in such a case.

(3) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if the civil partnership schedule is completed as mentioned in sub-paragraph (1).

(4) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation.

(5) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed civil partnership is a sham.

SCHEDULE13A

No civil partnership schedule to be issued until decision about investigation etc

1

(1) These are the modifications subject to which this Act has effect if the registrar refers a proposed civil partnership to the Secretary of State.

(2) In this Schedule “referred civil partnership” means the proposed civil partnership referred to the Secretary of State.

2

(1) The duty under section 143 to complete a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs.

(2) Event 1 occurs if—

(a) the Secretary of State gives the registrar the section 48 notice, and

(b) the notice is of a decision not to investigate whether the referred civil partnership is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the registrar the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the registrar the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the registrar notice that the duty under section 143 is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(d) that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the completion of the civil partnership schedule.

(9) This paragraph is subject to paragraphs 3, 4 and 5.

(10) In this paragraph—

“70 day period” has the same meaning as in section 50(11) of the 2014 Act;

“relevant statutory period” has the same meaning as in section 62 of the 2014 Act;

“section 48 notice” means notice under section 48(8B) of the 2014 Act;

“section 50 notice” means notice under section 50(7) of the 2014 Act.

3

(1) The modifications in this paragraph have effect if the Secretary of State gives the registrar notice under section 48(8B) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham.

(2) Section 143, which becomes subsection (1), has effect as if—

(a) after “proposed civil partners,” there were inserted “but not before the expiry of the relevant 70 day period,”; and

(b) after subsection (1) there were inserted—

(2) In this section “relevant 70 day period” means the period— (a) beginning the day on which the record relating to the proposed civil partnership is made in the civil partnership notice book, and (b) ending at the end of the period of 70 days beginning with that day.

(3) This paragraph is subject to paragraphs 4 and 5.

4

(1) This paragraph applies if the Secretary of State gives the registrar notice under section 48(8B) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham.

(2) A party to the referred civil partnership may request the registrar to complete the civil partnership schedule before the expiry of the relevant 70 day period.

(3) That request must—

(a) be in writing, and

(b) give the reasons why it is necessary for the civil partnership schedule to be completed before the expiry of the relevant 70 day period.

(4) A registrar may not complete the civil partnership schedule before the expiry of the relevant 70 day period unless authorised to do so by the Registrar General.

(5) The Registrar General may, with the consent of the Secretary of State, authorise the registrar to complete the civil partnership schedule on such date as the Registrar General considers necessary before the expiry of the relevant 70 day period.

(6) But the Secretary of State’s consent is not required if the request is made because a party to the referred civil partnership is gravely ill and not expected to recover

(7) In this paragraph and paragraph 5 “relevant 70 day period” has the same meaning as in section 143 (as modified by paragraph 3).

5

(1) Where—

(a) the Registrar General has authorised—

(i) the reduction of the notice period for service of the civil partnership notice under regulation 3(2) of the Civil Partnership Regulations (Northern Ireland) 2005, or

(ii) the registrar to complete a civil partnership schedule before the expiry of the relevant 70 day period in accordance with paragraph 4; and

(b) the authorisation under sub-paragraph (i) or, as the case may be (ii), of paragraph (a) is given at a time when the duty under section 143 to complete a civil partnership schedule has not arisen in accordance with paragraph 2 or 3,

the duty under section 143 to complete the civil partnership schedule arises on the giving of the authorisation, subject to any other requirements applicable to the completion of the schedule (and in the case of an authorisation mentioned in paragraph (a)(i), any other requirements applicable to the giving of notice) being met.

(2) But the requirements of paragraph 2 are not applicable in such a case.

(3) The Secretary of State is not prevented from deciding to conduct, conducting or continuing, an investigation if a civil partnership schedule is completed as mentioned in sub-paragraph (1).

(4) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation.

(5) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed civil partnership is a sham.

A1

(1) Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.

(2) A party to the civil partnership falls within exception A if the person is a relevant national.

(3) A party to the civil partnership falls within exception B if—

(a) the person is exempt from immigration control, and

(b) the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control.

(4) In this Schedule, a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014.

30ZA

(1) A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—

(a) seek or consent to the approval of religious premises for the purposes of section 6(3A)(a),

(b) allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or

(i) an occasion during which two people register as civil partners of each other on religious premises under this Part, or

(ii) a ceremony or event in England or Wales to mark the formation of a civil partnership,

where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

(2) In this section—

“protected person” means—a religious organisation,a constituent body or part of a religious organisation, ora person acting on behalf of, or under the auspices of, such an organisation, body or part,but does not include a civil partnership registrar;

“religious premises” has the meaning given by section 6A(3C).

Part 1 PART 2 — Opposite-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—

204A

(1) A religious body, or a person acting on behalf of or under the auspices of a religious body, may not be compelled—

(a) to provide, arrange or facilitate a ceremony or event to mark the formation of a civil partnership,

(b) to allow religious premises to be used as the place at which such a ceremony or event is held, or

where the reason for not doing that thing is that the body or person does not wish to do things of that sort in relation to civil partnerships generally, in relation to civil partnerships between parties who are of the same sex or in relation to civil partnerships between parties who are not of the same sex.

(2) In this section—

“compelled” means compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement);

“religious body” means an organised group of people meeting regularly for common religious worship;

“religious premises” means premises which—are owned, or controlled, by a religious body or a person acting on behalf of or under the auspices of a religious body, andare not premises where the sole or main purpose for which they are used is commercial.

174A

(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.

No civil partnership schedule to be completed until decision about investigation etc

A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) (meaning of “overseas relationship”) 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—

121A

(1) Notwithstanding that irretrievable breakdown of a civil partnership has been established in an action for dissolution, the court may—

(a) on the application of a party (“the applicant”), and

(b) if satisfied—

(i) that subsection (2) applies, and

(ii) that it is just and reasonable to do so,

postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3).

(2) This subsection applies where—

(a) the applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage, and

(b) the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage.

(3) A party complies with this subsection by acting in the way described in subsection (2)(b).

(4) The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1).

(5) The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from the relevant religious body confirming that the other party has acted in the way described in subsection (2)(b).

(6) For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection.

(7) In this section—

“religious marriage” means a marriage solemnised by a marriage celebrant of a specified religious body, and “religion of that marriage” is to be construed accordingly,

“specified” means specified by regulations made by the Scottish Ministers.

(8) Any reference in this section to a marriage celebrant of a specified religious body is a reference to—

(a) a minister, clergyman, pastor or priest of such a body,

(b) a person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 as empowered to solemnise marriages,

Introduction

97A

(1) Subsection (2) applies where—

(a) two people have registered a specified relationship (within the meaning of section 213) or a relationship which meets the general conditions (within the meaning of section 214), whether before or after section 10 of the Civil Partnership (Scotland) Act 2020 comes into force, and

(b) that relationship would result in them being treated as having formed a civil partnership under the law of Scotland (by virtue of section 1(1)(b) and Chapter 2 of Part 5) but for the fact that they cannot prove that the relationship has been registered as mentioned in section 212(1)(b).

(2) An authorised registrar may, on an application made by the parties to the relationship, subject to the approval of the Registrar General and to subsection (3), register their civil partnership as if they had not already registered that relationship with each other.

(3) Sections 85 to 100 apply for the purpose of registering a civil partnership under this section as they apply to registering a civil partnership under section 1, subject to the modifications set out in subsections (4) to (11).

(4) Section 85 (formation of civil partnership by registration) applies as if the words “the approved celebrant or, as the case may be,”, in both places where they occur, were omitted.

(5) Section 86 (eligibility) does not apply in respect of the parties already being in civil partnership with each other.

(6) Section 88 (notice of proposed civil partnership) applies as if after subsection (1) there were inserted—

(1A) Both parties must submit to the authorised registrar a statutory declaration— (a) stating that they have previously registered their relationship, and (b) specifying the date, place and country or territory at which, and the circumstances in which, they did so.

(7) Section 93A does not apply.

(8) Section 94 (the civil partnership schedule) applies as if after subsection (1) there were inserted—

(1A) In the case of a civil partnership to be registered under section 97A, the civil partnership schedule is to contain such modifications as the Registrar General may direct to indicate that the parties have previously entered into a civil partnership with each other.

(9) Section 94A (persons who may register civil partnerships) applies as if subsections (1)(a), (2), (2A)(a), (2B), (3), (4)(a) and (b) and (5) were omitted.

(10) Sections 94B to 94E do not apply.

(11) Section 95 (further provision as to registration) applies as if after subsection (2) there were inserted—

(2A) As soon as practicable after the civil partnership schedule has been signed in accordance with section 85, the authorised registrar must make an endorsement on it in the following terms— This civil partnership registration was carried out under section 97A of the Civil Partnership Act 2004, following a statutory declaration by the parties that they registered a relationship with each other on [date] at [place] in [country or territory].

No civil partnership schedule to be completed until decision about investigation etc

37A

(1) Every dissolution order—

(a) is, in the first instance, a conditional order, and

(b) may not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”).

(2) The court may not make a conditional order unless—

(a) in the case of an application that is to proceed as an application by one civil partner only, that person has confirmed to the court that they wish the application to continue, or

(b) in the case of an application that is to proceed as an application by both civil partners, those persons have confirmed to the court that they wish the application to continue;

and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).

(3) The Lord Chancellor may by order amend this section so as to substitute—

(a) a different definition of the first prescribed period, or

(b) a different definition of the second prescribed period.

(4) But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.

(5) In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.

(6) The power to make an order under subsection (3) is exercisable by statutory instrument.

(7) An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Guardianship

Entitlement to apply for residence or contact order

Adoption

False statements etc. with reference to civil partnerships

Evidence

Formation of civil partnership by registration

Appointment of authorised registrars

Guardianship

Adoption

False statements etc. with reference to civil partnerships

Ceremonies and events to mark civil partnerships: protection from compulsion

Evidence

Introduction

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Civil Partnership Act 2004

No civil partnership schedule to be issued until decision about investigation etc

2

Civil partnership to be investigated: extension of waiting period to 70 days

3

Effect of shortening waiting period

4

SCHEDULE 10A

No civil partnership schedule to be completed until decision about investigation etc

1

2

3

4

SCHEDULE13A

No civil partnership schedule to be issued until decision about investigation etc

1

2

3

4

5

A1

30ZA

Part 1

PART 2 — Opposite-sex relationships

204A

174A

No civil partnership schedule to be completed until decision about investigation etc

121A

Pension compensation sharing orders: apportionment of charges

Introduction

97A

No civil partnership schedule to be completed until decision about investigation etc

37A

Guardianship

Entitlement to apply for residence or contact order

Adoption

False statements etc. with reference to civil partnerships

Evidence

Formation of civil partnership by registration

Appointment of authorised registrars

Guardianship

Adoption

False statements etc. with reference to civil partnerships

Ceremonies and events to mark civil partnerships: protection from compulsion

Evidence

Circumstances in which pension compensation sharing orders may be made

Introduction