Introduction

We deal in this part of the book with the circumstances where two people register an ‘overseas relationship’ (as defined in the Act) which is entitled to be treated as a civil partnership.

Meaning of ‘overseas relationship’

Section 212 of the Act defines an ‘overseas relationship’ as a relationship which is either a specified relationship or a relationship which meets what are described under the Act as the ‘general conditions’. In addition, in order to qualify as an overseas relationship for the purposes of the Act, it must have been registered with a responsible authority in a country or territory outside the UK by two people who are of the same sex under the relevant law, and (according to UK law) are not already in a civil relationship or lawfully married. The same-sex qualification is also a requirement of UK law – see section 216.

‘Relevant law’

Section 212(2) defines this as the law of the country or territory where the relationship is registered, including its rules of private international law.

‘Specified relationship’

To ascertain whether the couple is in a specified relationship it is necessary to refer to Schedule 20 to the Act. This Schedule is more readily understood when it is appreciated that the United Kingdom has been relatively tardy in giving same-sex relations the legal status conferred by the Act when compared to other (mostly) European jurisdictions and at least one state of America.