Registration and recognition of partnerships formed overseas
Overseas relationships
Some same-sex couples may already have formed a civil union, registered partnership,
domestic partnership or a same-sex marriage abroad. Couples in these kinds
of relationships can automatically be recognised in the UK as civil partners
and will not need to register in the UK as well, as long as certain conditions
are met. Relationships listed in the Civil Partnership Act 2004 are recognised
as long as they meet certain conditions. Relationships that are not listed
in the Act are recognised if they meet certain conditions and extra general
conditions.
Relationships listed in the Civil Partnership Act 2004
Country or territory |
Relationship |
| Andora |
unio estable de parella (stable union of pairs) |
| Australia: Tasmania |
significant relationship |
| Belgium |
the relationship referred to as cohabitation légale, wettlijke samenwoning
or gesetzilches zusammenwohnen (statutory cohabitation) |
| Belgium |
marriage |
| Canada |
marriage |
| Canada: Nova Scotia |
domestic partnership |
| Canada: Quebec |
the relationship referred to as union civile or as civil union |
| Denmark |
registreret partnerskab (registered partnership) |
| Finland |
the relationship referred to as rekisteröity parisuhde or as registrerad
partnerskap (registered partnership) |
| France |
pacte civil de solidarité (civil solidarity pact) |
| Germany |
Lebenspartnerschaft (life partnership) |
| Iceland |
staðfesta samvist (confirmed cohabitation) |
| Luxembourg |
partenariat enregistré, eingetragene partnerschaft (registered partnership) |
| Netherlands |
geregistreerd partnerschap (registered partnership) |
| Netherlands |
marriage |
| New Zealand |
civil union |
| Norway |
registrert partnerskap (registered partnership) |
| Sweden |
registrerat partnerskap (registered partnership) |
| United States of America: California |
domestic partnership |
| United States of America: Connecticut |
civil union |
| United States of America: Maine |
domestic partnership |
| United States of America: Massachusetts |
marriage |
| United States of America: New Jersey |
domestic partnership |
| United States of America: Vermont |
civil union |
Conditions that all overseas relationships have to meet
To be recognised as a civil partnership in the UK, an overseas relationship
must be registered with a registration authority in a country or territory
outside the UK by a couple who are of the same sex at the time they register.
They must also not already be civil partners or married, and they must have
the capacity to enter into the relationship. They must meet all the necessary
legal requirements of the country or territory to ensure the relationship
is valid.
The rule that the couple must be of the same sex when they register could
cause problems if one of the couple has acquired a different gender, because
they may not be legally recognised as a same-sex couple. However, if the person
who has acquired a different gender applies for a full gender recognition
certificate in the UK, s/he will be treated as having her/his acquired gender.
A person living in England or Wales registers an overseas relationship
Where one of the couple was living in England or Wales when the overseas
relationship was registered, the relationship will not be treated as a civil
partnership if:-
- either of the couple was aged under 16; and
- they were people who could not register a civil partnership because of
their relationship to one another.
Extra general conditions that some overseas relationships have to meet
If an overseas relationship is not listed in the Civil Partnership Act 2004,
it must meet extra conditions in addition to the conditions that all overseas
relationships have to meet. The extra conditions are that, under the law of
the country or territory where the couple registered their overseas relationship:-
- they could not enter into the relationship if either of them was already
in that kind of relationship or was lawfully married; and
- the relationship is not limited to any particular length of time; and
- the effect of entering into the relationship is that the couple are treated
as a couple in general or for particular purposes, or they are treated as
married.
