Commentary on Sections Schedule 1 – Prohibited degrees of relationship: England and Wales
506.Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship, for the purposes of section 3. Section 3(1)(d) provides that two people are not eligible to register as civil partners of each other if they are within the prohibited degrees of relationship.
507.Paragraph 1 of Schedule 1 lists the people who are absolutely prohibited from forming a civil partnership with each other (broadly speaking, blood relationships). Paragraphs 2 and 3 list the people who are prohibited from forming a civil partnership with each other unless certain conditions are met (broadly speaking, “in-laws”).
508.Paragraph 4 applies paragraphs 5 to 7 to those relationships set out in paragraph 2 (prohibited unless both are at least 21 and one has not lived as a child in the same household or been treated as a child of the family by the other).
509.Paragraph 5(1) provides that a registration authority must not record the fact that a notice of proposed civil partnership has been given unless it is satisfied by the production of evidence of age that both parties have reached 21 and it has received a declaration made by each proposed civil partner as to their affinal relationship and declaring that the younger of them has not at any time before reaching 18 been a child of the family in relation to the other (a “paragraph 5(1)(b) declaration”). Paragraph 5(4) requires a registration authority to record the fact that it has received a paragraph 5(1)(b) declaration and paragraph 5(5) requires the registration authority to file and keep such declarations.
510.Paragraph 5(2) allows for a High Court declaration to be accepted as evidence of no impediment of affinity to the proposed civil partnership in place of a paragraph 5(1)(b) declaration.
511.Paragraph 5(3) provides for the content of and the manner of signing and attesting a declaration made under paragraph 5(1)(b) to be prescribed by regulations.
512.Paragraph 6 provides that if a registration authority receives an allegation that a paragraph 5(1)(b) declaration is false, as shown in the register, the registration authority in whose area it is proposed the registration take place must not issue a civil partnership schedule unless a High Court declaration is obtained under paragraph 7.
513.Paragraph 7 provides for either of the proposed civil partners to apply to the High Court to obtain a declaration confirming there is no impediment of affinity, due to the fact that the qualifications which prevent a civil partnership within the degrees of relationship from being prohibited under paragraph 2 are met.
514.Paragraph 8 provides that an objection under section 13 to the issue of a civil partnership schedule does not apply in relation to a civil partnership to which paragraphs 5 to 7 apply unless it relates to a ground other than the affinity between the proposed civil partners.
515.Paragraph 9 provides for evidence of age and relevant deaths to be produced where two people, within the degrees of relationship which under paragraph 3 are prohibited unless both are at least 21 and certain relatives have died, intend to register as civil partners of each other.