Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Table of cases
- Table of statutes
- 1 Introduction to the Act
- 2 What is a civil partnership? Formation by registration in England and Wales: eligibility
- 3 Pre-registration procedure: standard procedure; house-bound and detained partners; certain non-residents and other special cases
- 4 Registration in England and Wales – the standard procedure; the special procedure
- 5 Registration outside the UK by Order in Council
- 6 Overseas relationships treated as civil partnerships
- 7 Financial and property implications of civil partnership
- 8 Children
- 9 Relationship between the Civil Partnership Act and the Gender Recognition Act
- 10 The ending of the partnership: orders for dissolution
- 11 Nullity and other proceedings
- 12 Offences
- 13 Domestic violence and occupation of the home
- 14 Financial consequences on breakdown
- 15 Financial relief in England and Wales after an overseas dissolution
- 16 Miscellaneous
- Appendix Civil Partnership Act 2004 – extracts
- Index
6 - Overseas relationships treated as civil partnerships
Published online by Cambridge University Press: 07 July 2009
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Table of cases
- Table of statutes
- 1 Introduction to the Act
- 2 What is a civil partnership? Formation by registration in England and Wales: eligibility
- 3 Pre-registration procedure: standard procedure; house-bound and detained partners; certain non-residents and other special cases
- 4 Registration in England and Wales – the standard procedure; the special procedure
- 5 Registration outside the UK by Order in Council
- 6 Overseas relationships treated as civil partnerships
- 7 Financial and property implications of civil partnership
- 8 Children
- 9 Relationship between the Civil Partnership Act and the Gender Recognition Act
- 10 The ending of the partnership: orders for dissolution
- 11 Nullity and other proceedings
- 12 Offences
- 13 Domestic violence and occupation of the home
- 14 Financial consequences on breakdown
- 15 Financial relief in England and Wales after an overseas dissolution
- 16 Miscellaneous
- Appendix Civil Partnership Act 2004 – extracts
- Index
Summary
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.
- Type
- Chapter
- Information
- The Civil Partnership Act 2004A Practical Guide, pp. 32 - 35Publisher: Cambridge University PressPrint publication year: 2005