Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 5 – Dissolution, Separation and Nullity Section 123: Nullity
235.This section sets out that if a couple register as civil partners of each other in Scotland despite not meeting the eligibility criteria detail in section 86, or in circumstances where either of them did not validly consent to its formation, the civil partnership will be void, meaning that it will be treated as never having taken place. Either of the couple or another interested person may bring an action in the Court of Session to have the civil partnership declared void.