Q&As

A couple entered into a civil partnership in England and Wales, and subsequently married in New York (prior to the coming into force of the Marriage (Same Sex Couples) Act 2013. The marriage was not registered in England and Wales. They are now separating. Does the civil partnership need to be converted to a marriage for the parties to get divorced?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 09/05/2018

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A couple entered into a civil partnership in England and Wales, and subsequently married in New York (prior to the coming into force of the Marriage (Same Sex Couples) Act 2013. The marriage was not registered in England and Wales. They are now separating. Does the civil partnership need to be converted to a marriage for the parties to get divorced?

The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) provides that the marriage of same-sex couples is lawful. M(SSC)A 2013, s 9 provides that the parties to a civil partnership in England and Wales may convert their civil partnership into a marriage. This has the effect of ending the civil partnership, with the marriage being treated as having subsisted from the date the civil partnership was formed.

Prior to the coming into force of M(SSC)A 2013, overseas same-sex marriages were recognised in England as civil partnerships, coming under the category of ‘overseas relationships’ in the Civil Partnership Act 2004. However, M(SSC)A 2013, s 10(1) provides that marriage under the law of any country or territory outside of the UK is not prevented from being recognised under the law of England and Wales only b

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