Commentary on Sections Part 5 – Civil partnerships formed or dissolved abroad etc.Introduction Chapter 2 – Overseas relationships treated as civil partnerships Section 212: Meaning of “overseas relationship”
415.This section defines the overseas relationships which are capable of being treated as civil partnerships if the other requirements of this Chapter are met. An overseas relationship must be either a “specified relationship” (see section 213 and Schedule 20) or must meet “the general conditions” (see section 214). In addition the relationship 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 (as a matter of UK law) are not already in a civil partnership or lawfully married. (They are also required to be of the same sex as a matter of UK law – see section 216.) The overseas relationship may have been registered before the enactment of the Civil Partnership Act (but, in such cases, section 215 ensures that the couple will usually be treated as having formed a civil partnership only at the time when that section comes into force). “The relevant law” is defined in subsection (2) as the law of the country or territory where the overseas relationship is registered, including its rules of private international law.