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Civil Partnerships

GUIDANCE ON CIVIL PARTNERSHIPS IN NORTHERN IRELAND
(With effect from 5th December 2005)

Introduction

This information is based on the Civil Partnership Act 2004 and gives general guidance on civil partnership registrations in Northern Ireland.

While this information should not be treated as a complete and authoritative statement of the law, it is hoped that the following information will be helpful to you in the planning of your civil partnership registration.

Contents

1. Who can enter into civil partnerships
2. Making Arrangements for civil partnership registration
3. Choice of venue
4. Completion of the Civil Partnership Notice Form
5. Documents to be produced
6. How and when to give notice of civil partnership
7. The Civil Partnership Schedule
8. Civil Partnership Certificate
9. Type of relationship within which civil partnership is unlawful
10. Visiting Northern Ireland to form a civil partnership
11. General information

1. Who can enter into civil partnerships in Northern Ireland?

Any two persons, regardless of where they live, may enter into a civil partnership in Northern Ireland provided that:

• both persons are at least 16 years of age on the day of the civil partnership registration. Persons over 16 years and under 18 years of age require parental consent;
• they are not related to one another in a way, which would prevent their civil partnership registration (please see Section 9);
• they are unmarried or are not already in a civil partnership (any person who has already been married or in a civil partnership must produce documentary evidence that the previous marriage has been ended by death, divorce or annulment, or the previous civil partnership has been dissolved);
• they are of the same sex;
• they are capable of understanding the nature of a civil partnership.

2. Making arrangements for civil partnership registration

It is important to make early arrangements for the date and time of your civil partnership registration. Registrars have busy schedules and in order to obtain the date of your choice, you should plan well in advance to avoid disappointment.

• You should arrange for two persons, aged 16 years or over, to be present at your civil partnership registration to act as witnesses.
• You should be sure to let the Registrar know if you change your plans or decide to postpone your civil partnership registration.

3. Choice of venue

The civil partnership registration may take place in a Registrar’s Office or at an approved place.

Alternatively if you wish to apply for a temporary approval for civil partnership registration at a place of your own choice, such as your own home, you should contact the Registrar of the District in which the civil partnership will be registered who will advise you about the fee and the application procedure.

4. Completion of the civil partnership notice form

By law, each party to a proposed civil partnership registration is required to complete a Civil partnership Notice form.

• It is important to understand that by signing the Notice you are making a declaration to the effect that the particulars and information given on the Notice are correct.
• Persons related in any of the ways listed in Section 9 of this guidance, where civil partnership registration is allowed, will be required to sign a separate declaration form, which like the Civil Partnership Notice form is obtainable from any Civil Registrar in Northern Ireland.

5. Documents to be produced

The following original documents will be required if the circumstances apply to you: –

• The Registrar needs to see documents that prove your age, nationality and identity. If you were born in the UK, provide your full birth certificate (long version) and passport. If you were born outside the UK, provide the certified copy of your birth issued by the appropriate authority of that country and your passport or national identity card;
• If you have been in a civil partnership previously and it has been dissolved, a certificate of Dissolution of Civil Partnership;
• if you have been married before and the marriage was dissolved, a certificate of Decree Absolute. A decree of divorce granted either in or outside of Northern Ireland must be absolute or final - a decree nisi is not acceptable;
• if you are divorced and you have retained your married name, your previous marriage certificate;
• if you are a widow or widower, the death certificate of your former spouse;
• if you are the surviving partner of a civil partnership, the death certificate of your former civil partner;
• if you and the person you are forming a civil partnership with are related in any of the ways listed in paragraph (b) of the notes at the end of section 9 of this guidance, death certificates are required of the persons mentioned in footnote (b);
• if any of these documents is in a language other than English, a certified translation in English must also be provided.

Do not delay giving notice simply because you are waiting for any of the documents mentioned above to come to hand. Authorised or notarized copies may be acceptable for the purpose of giving notice, however the Registrar must see the original of any of the above documents before a civil partnership can take place. If time is getting short it is better to give notice first and then pass the documents to the Registrar when they become available. Provided the documents, are in order the civil partnership can proceed as arranged.

If you are visiting Northern Ireland (or any part of the UK) to be married and you are a citizen of a country that is not a member of the European Economic Area, you will need to enclose a copy of your marriage tourist/fiancé(e) visa or certificate of approval (see Section 10).

Note: Photocopies of documents are not acceptable unless certified to be a true copy by the issuing authority

6. How and when to give notice for civil partnership

Both parties must submit their completed Civil Partnership Notice Form, relevant documents, declarations and fees to the Registrar of the District where the civil partnership registration is to take place, to inform the Registrar of their intention to enter a civil partnership.

The notice forms may be submitted in person or by post to the Registrar.

Timing is important

1. Notice for all civil partnership registrations must be given to the Registrar the twelve month period prior to the date of the civil partnership registration.
2. The Notices must be submitted early enough to enable the Registrar to be satisfied that both parties are free to enter into a civil partnership with one another.
3. Normally Notices should be with the Registrar about EIGHT weeks before the civil partnership registration but if either of you has been married before, or have entered into a previous civil partnership, the Notices should be with the Registrar TEN weeks beforehand.
4. The minimum period is fourteen days before the date of the proposed civil partnership registration, but if you leave things as late as this you could be faced with the need to postpone your civil partnership registration.
5. Only in exceptional circumstances will the Registrar General authorise a civil partnership registration to take place if fourteen days’ notice has not been given.

7. The civil partnership schedule

• When the Registrar is satisfied there is no legal impediment to the civil partnership registration, a Civil Partnership Schedule will be prepared from the information which the parties have supplied.
• The Registrar will ensure that the Civil Partnership Schedule is available for signature at the civil partnership registration.
• A fee for the civil partnership registration and if applicable, for the attendance of an authorised Registrar at an approved place is payable to the Registrar at the time of notice.

8. Civil partnership certificate

After the civil partnership registration you can obtain a copy of the civil partnership certificate from the Registrar on payment of the appropriate fee.

Order civil partnership certificate online or download a copy of the civil partnership certificate application form.

9. Type of relationship within which civil partnership is unlawful

Absolute prohibitions

1. (i) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

(ii) In the list “sibling” means a brother, sister, half-brother or half-sister.

Qualified prohibitions

2. (i) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other, unless:-

(a) both of them have reached 21 at the time when they register as civil partners of each other; and
(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

(ii) “Child of the family”, in relation to another person, means a person who:-

(a) has lived in the same household as that other person; and
(b) has been treated by that other person as a child of his family.

10. Visiting Northern Ireland to form a civil partnership

From 1 February 2005 if you are visiting Northern Ireland (or any part of the UK) to form a civil partnership and you are a citizen of a country that is not a member of the European Economic Area, you will need to apply for a visa before you travel. If you do not get a visa the registrar will not be able to take your notice of marriage and you will not be able to marry in Northern Ireland.

For more information visit the UK Visas website.

or contact your nearest British Embassy, Consulate or High Commission for advice.

If you are already in the UK, and you are a citizen of a country that is not a member of the European Economic Area, you will need the approval of the Home Secretary to be married here. This will be provided in the form of a certificate of approval.

For more information visit the Home Office website.

or call the Immigration and Nationality Enquiry Bureau on 0870 606 7766, or write to;

Immigration & Nationality Directorate,
Lunar House,
40 Wellesley Road,
Croydon,
CR9 2BY.

11. General information

Fees

The fees payable are set out below.

Notice of civil partnership	£15.00
Registration of civil partnership in Registrar's Office
Monday to Friday 9.00am to 5.00pm	£25.00
Monday to Friday 5.00pm to 8.00pm	£112.00
Saturday 9.00am to 5.00pm	£112.00
Sundays, Bank Holidays and all other times (except those mentioned above)	£150.00
Certified Copy of a civil partnership registration	£12.00
If obtained at time of registration or entry number supplied	£6.00

Objections

An objection may be lodged with a Registrar against the issue of the Civil Partnership Schedule.

Further guidance should be sought from the Registrar concerned.

Witnesses

The parties must arrange for two witnesses to be present at the civil partnership registration and to sign the civil partnership register. Witnesses must be 16 years of age or over.

INTERPRETERS

The onus is on the parties to provide an interpreter who will be required to sign a declaration to the effect that (s)he is able to understand the language in respect of which (s)he is to act as an interpreter at the civil partnership registration. After the registration (s)he must give the person registering the civil partnership a certificate written in English and signed by the interpreter that s(he) has faithfully acted as interpreter at the civil partnership proceedings.

Penalty for making false statement

A person who makes a false statement for the purpose of bringing about or preventing a civil partnership, is guilty of perjury and may be liable to prosecution.

If, after reading this information, you are still in doubt, you should seek advice from any Registrar of Births, Deaths, Marriages and Civil Partnerships in Northern Ireland or from: –

The Civil Partnership Section
General Register Office,
Oxford House,
49-55 Chichester Street,
Belfast
BT1 4HL.

Telephone: (028) 9025 2000
Fax: (028) 9025 2136
Email:groreg.nisra@dfpni.gov.uk