what is a civil partnership?
civil partnerships are legal relationships registered by 2 people who aren't related to each other. they are an alternative to marriage, giving relationships legal recognition in addition to certain legal rights and responsibilities. for example:
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exemptions for inheritance tax
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inheritance rights if a civil partner dies without a will
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the ability to gain parental responsibility for a civil partner’s children
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next of kin rights (eg the right to consent to your civil partner’s medical treatment in a hospital)
civil partnerships were first introduced for same-sex couples in 2005 under the civil partnership act 2004. they were expanded to opposite-sex couples in 2019 in england and wales and in 2021 in scotland.
what is the difference between a marriage and a civil partnership?
civil partnerships are established through the signing of a civil partnership document and ended through a dissolution. marriages on the other hand are formed by vows and the signing of a marriage document and ended through divorce (or annulment).
who can register a civil partnership?
any couple can form a civil partnership in england and wales if both partners:
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are 18 or older
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have lived in the same area in england or wales for at least 7 days
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are free to form a civil partnership (ie not already married or in a civil partnership)
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are not closely related
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are capable of understanding what entering into a civil partnership means and of consenting to the civil partnership
any couple can form a civil partnership in scotland if both partners:
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are 16 or older
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are free to form a civil partnership (ie not already married or in a civil partnership)
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are not relatives who are prohibited from registering a civil partnership
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are capable of understanding what entering into a civil partnership means and of consenting to the civil partnership
who can't register a civil partnership?
as with marriages, anyone under the age of 18 cannot enter or register a civil partnership in england and wales. in scotland, anyone under the age of 16 cannot enter or register a civil partnership. it’s important to note that anyone between the ages of 16 and 17 who lives in england and wales and enters into a civil partnership in scotland will not have their civil partnership recognised in england and wales.
as with marriages, certain relatives cannot enter into a civil partnership. a person cannot enter into a civil partnership with their:
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child (including an adopted child or former adopted child)
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parent (including an adoptive parent or former adoptive parent)
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sibling (including a half-sibling)
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parent’s sibling (including a half-sibling)
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grandparent or great-grandparent
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grandchild or great-grandchild
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sibling’s child (including a half-sibling's child)
a person can enter into a civil partnership with certain relatives. these include:
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a child of a former spouse or civil partner
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a former spouse or civil partner of a parent
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a former spouse or civil partner of a grandparent
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a grandchild of a former spouse or former civil partner
however, for these relatives to be able to register a civil partnership, neither party can:
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be under the age of 21
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have lived in the same home as the other when either party was under 18 years of age, or
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have been treated as a child of the other’s family
are civil partnerships registered abroad recognised in the uk?
same-sex and opposite-sex couples can legally register a civil partnership in england, wales, scotland and northern ireland.
however, some couples may form a civil union, registered partnership or domestic partnership abroad (ie somewhere other than england, wales, scotland and northern ireland). such legal partnerships may get automatic recognition in the uk as civil partnerships without the need to register the partnership again in the uk. to receive such automatic recognition, both partners and the overseas relationship itself must meet certain criteria. for example:
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neither partner must have already been married or in a civil partnership when they formed the new partnership/union, and
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the partnership/union must have complied with all legal requirements in the place where it was formed
for more information, see the government’s guidance on overseas civil partnerships for england and wales and for scotland.
the process for forming a civil partnership in england and wales
in the uk, both opposite-sex couples and same-sex couples can enter into civil partnerships. registering a civil partnership is similar to marrying in a civil ceremony and involves giving notice of the intention to enter into a civil partnership and registering the civil partnership.
giving notice
both parties wishing to enter into a civil partnership need to give notice in person of their intention to register a civil partnership. this should be given at the local register office where they live. the couple giving notice must also have lived in the area for at least 7 days before giving notice. notice must be given at the local register office even if the civil partnership will be registered somewhere else.
you must typically give your local register office at least 28 days' notice and provide certain details, including:
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where the civil partnership will be registered
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when the civil partnership will be registered
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the partners’ names, addresses, ages and nationalities (and, where relevant, immigration statuses)
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whether either partner has previously been married or in a civil partnership (in the case of parties who are divorced or widowed, proof of divorce or a death certificate is needed)
the notice will be publicly displayed, during which time anyone with strong grounds for objecting to the civil partnership can do so.
registration
once the 28 days have passed, assuming there have been no objections, the civil partnership can be registered. the register office will give you a civil partnership schedule which you will need to register your partnership. you need to register your civil partnership within 12 months of giving notice.
you can register your civil partnership in any register office or at any venue with approval to register civil partnerships. any venue that has been approved to hold civil marriages automatically also has approval to register civil partnerships. non-religious venues that hold weddings cannot choose not to hold civil partnerships.
religious premises are not required to host civil partnership ceremonies. if they do, they can choose to host:
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all civil partnerships
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solely civil partnerships between same-sex couples
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solely civil partnerships between opposite-sex couples
your civil partnership has legally been registered when you and your partner have signed the civil partnership schedule. this must be done in front of a registrar and 2 witnesses over the age of 16 who can understand english.
note that no religious service is allowed at the signing of the civil partnership schedule.
the process for forming a civil partnership in scotland
as in england and wales, registering a civil partnership in scotland involves giving notice of the intention to enter into a civil partnership and registering the civil partnership.
giving notice
both partners need to give notice of their intention to register a civil partnership using a civil partnership notice form. notice needs to be given to the district registrar for the area where the civil partnership will be registered. you can choose where you want to register your civil partnership and you must give notice between 3 months and one month before your civil partnership date. however, you must typically give at least 28 days' notice.
when giving notice, you need to provide:
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the fee to register the civil partnership (this will vary from registrar office to registrar office)
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each partner’s birth certificate
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each partner’s proof of address
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proof of each partner’s nationality (eg their passport) and, where relevant, proof of immigration status (using a declaration of status by non-uk nationals form)
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if either partner was previously married or in a civil partnership, proof that they are free to enter into a new civil partnership (ie a divorce certificate, a dissolution certificate or, if a previous spouse or civil partner died, a death certificate)
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if relevant, a certificate demonstrating that each partner is free to enter into a civil partnership under the law of their own country if they do not live in the uk
once notice is given, the notice will be publicly displayed, during which time anyone with strong grounds for objecting to the civil partnership can do so.
registration
once the 28 days have passed and there are no objections, the civil partnership can be registered. the register office will give you a civil partnership schedule which you will need to use to register your partnership. if your civil partnership will be registered by a religious or belief celebrant you need to collect the civil partnership schedule in person 7 days before you register your civil partnership.
you can register your civil partnership within the 3 months following your giving notice.
a civil partnership can be registered by either:
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a district or assistant registrar, or
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a religious or belief celebrant authorised by the registrar general, if the religious/belief body registers civil partnerships
where a civil partnership can be registered depends on who is registering it. if your civil partnership will be registered by a:
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registrar - it can be registered in a registration office or another place the registration authority agrees to (excluding religious premises)
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a religious or belief celebrant - it can be registered anywhere agreed to by you and the celebrant
religious or belief bodies can refuse to register civil partnerships. non-religious venues, however, cannot refuse to hold civil partnerships if they hold weddings.
your civil partnership is legally registered when you and your partner sign the civil partnership schedule. this must be done in front of a registrar and 2 witnesses over the age of 16 who can understand the proceedings. if your civil partnership will be registered by a religious or belief celebrant, your signed civil partnership schedule must be returned to the district registrar within 3 days of the civil partnership.
note that you can choose to have a ceremony in addition to your civil partnership registration process. you should speak to your local registrar or your religious or belief celebrant to find out more.
what about foreign nationals?
if a foreign national wishes to form a civil partnership in the uk the same rules apply as for marriages.
if either party is from outside the uk they need to obtain a visa that allows them to legally enter or reside in the uk before they can give notice and register their civil partnership, unless they:
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are a british or irish citizen
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have settled or pre-settled status
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applied for settled status on or before 30 june 2021
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are already living in the uk on a visa that lasts longer than 6 months (in this case, you may need to inform the home office about your marriage)
note that in scotland foreign nationals need to complete and return a declaration of status by non-uk nationals form when giving notice.
can i convert a civil partnership into a marriage?
it is possible to convert a civil partnership into a marriage. the process for converting a civil partnership into a marriage depends on where you are converting your civil partnership.
in england and wales
in england and wales, only same-sex civil partnerships can be converted into marriages. this can be done at:
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a register office
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a local registration office
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religious or otherwise approved premises for same-sex marriages (a ceremony may follow this)
to convert your civil partnership into a marriage, you will need to pay the applicable fees and sign a ‘conversion into marriage’ declaration. you can do the latter by making an appointment with the superintendent registrar at your local register office and providing your original civil partnership certificate and proof of id.
you can choose to convert your civil partnership into a marriage with a ceremony. such a ceremony can take place in any venue where same-sex couples can get married. you, your partner and the superintendent registrar must sign the ‘conversion into marriage’ declaration at the ceremony.
after you convert your civil partnership, you’ll receive your marriage certificate, which will be dated when your civil partnership was formed (ie your marriage certificate will state that you were married on the date on which you formed your civil partnership).
for more information, see the government’s guidance on converting a civil partnership into a marriage.
in scotland
in scotland, same-sex and opposite-sex couples can convert their civil partnerships into marriages.
if you registered your civil partnership in scotland, you can convert it into a marriage by following an administrative process or having a marriage ceremony. if you registered your civil partnership outside of scotland, you can only convert it into a marriage by having a marriage ceremony.
to convert your civil partnership under the administrative process, you need to make an appointment with the registration office where you wish to convert your civil partnership. you also need to pay the applicable fee, complete your application form and bring it to the appointment together with:
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the entry in the civil partnership register about your civil partnership, and
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photo id for both partners
at the appointment, you will sign the application form together with the registrar. you will then be married and can (for a fee) order a marriage certificate.
to convert your civil partnership by having a marriage ceremony, you will need to book a venue and set a date and time for your ceremony. you must submit marriage notice forms and pay the relevant fee to the registrar in whose district you intend to be married, if you wish to have your:
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civil marriage ceremony solemnised by a registrar, or
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religious/belief ceremony solemnised by an approved celebrant
the registrar must receive your marriage notice forms no later than 29 days before the ceremony date, together with all supporting documents (including your civil partnership documentation).
if your civil partnership was registered abroad, you additionally need to provide evidence that:
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your civil partnership was registered with a 'responsible authority' (speak to your registrar to find out more about this)
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neither you nor your partner are married to or in a civil partnership with someone else, and
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your civil partnership was legal in the country you registered it in
for more information on marriage ceremonies in scotland, read getting married in scotland.
after your civil partnership is converted into a marriage, the date of your marriage will depend on when your civil partnership was originally registered. for same-sex or opposite-sex civil partnerships registered:
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before 5 december 2005, you will be treated as having been married from 5 december 2005
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on/after 5 december 2005, you will be treated as having been married from the date on which your civil partnership was registered
for more information, see the scottish government’s guidance on changing a civil partnership to a marriage.
the marriage and civil partnership (minimum age) act 2022
following the entry into force of the marriage and civil partnership (minimum age) act 2022, on 27 february 2023, the minimum age that somebody must be to enter into a civil partnership (or get married) in england and wales was raised from 16 to 18. in scotland, the age remains unchanged (ie 16).
previously, young people between 16 and 18 could enter into civil partnerships in england and wales if they had consent from all people with parental responsibility for them. the new age limit of 18 also applies to cultural or religious marriages that aren’t registered.
if someone under 18 enters into a civil partnership, they will not face penalties. instead, all adults who facilitate the civil partnership may face fines and up to 7 years in jail. this includes adults who take children abroad (including to scotland) to register a civil partnership.
any civil partnerships entered into by young people between the ages of 16 and 18 before the law came into force are not affected by the change.
