Treatment Of Overseas Relationships

Will the UK recognise partnership schemes for same-sex couples that exist across Europe and beyond?

Same-sex couples who form certain "overseas relationships", that is certain legal relationships registered under the law of another country or territory, will automatically be treated as having formed a civil partnership and will not need to register in the UK as well, so long as they and their overseas relationship meets the requirements set out in the Civil Partnership Act.

These include requirements that the overseas relationship is either (a) one of the specified relationships listed in Schedule 20 to the Act, or (b) a relationship that meets the "general conditions" contained in section 214.

The list of specified relationships in Schedule 20 currently contains:

" Belgium cohabitation l￩gale (statutory cohabitation)

" Belgium marriage

" Canada: Nova Scotia domestic partnership

" Canada: Quebec civil union

" Denmark partnerskab (registered partnership)

" Finland rekister￶ity parisuhde (registered partnership)

" France pacte civile de solidarit￩ (civil solidarity pact)

" Germany Lebenspartnerschaft (life partnership)

" Iceland sta￰festa samvist (confirmed cohabitation)

" Netherlands geregistreerde partnerschap (registered partnership)

" Netherlands marriage

" Norway partnerskap (registered partnership)

" Sweden registrerat partnerskap (registered partnership)

" United States of America: Vermont civil union

New relationships will be added to Schedule 20 as more countries or territories bring in gay marriage or civil partnership schemes. Recent developments include civil union legislation in New Zealand and Connecticut (USA). In Spain, a government backed gay marriage bill passed through the lower house of Parliament on 21 April 2005, and now goes before the Senate. These and any other new overseas schemes will now be considered for inclusion in Schedule 20.

What if my partner and I have registered a relationship that isnt one of the ones listed in Schedule 20? Does this mean that we wont be treated as civil partners?

Not necessarily. If the overseas relationship meets the general conditions in section 214 it would be capable of being treated as a civil partnership, so long as the other relevant requirements of Chapter 2 of Part 5 of the Act are also met.

In order for an overseas relationship to meet the general conditions it must, under the law of the country or territory in which it was formed, be exclusive in nature (in other words the law must prevent a person from registering a relationship where they are already in a relationship of that kind or are lawfully married); be indeterminate in duration (this would exclude an arrangement whereby the parties agreed to live together for a fixed period of time); and result in the parties being treated as a couple or treated as married (this would exclude schemes like some local registers which have no legal effects under the law of that country or territory).

Where two people have registered an overseas relationship which is specified in Schedule 20 or meets these general conditions, they will be treated as having formed a civil partnership if they meet the other requirements which can be found in section 212 and sections 215 to 218 of the Act.

Can my partner and I form a civil partnership in the UK even if weve already formed an overseas relationship that would be recognised in the UK?

It will not be necessary to form a civil partnership in the UK if your existing overseas partner is treated as a civil partner.

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