Civil Partnership Act

PUBLISHING DETAILS PART 1 - PRELIMINARY PART 2 - CAPACITY Requirement not to be already married, in a civil partnership or in an overseas PART 3 - NOTICE AND ISSUE OF CERTIFICATE AND SPECIAL LICENCE Authorisation of civil partnership officer by Registrar’s or Civil Registrar’s certificate or PART 4 - FORMALISATION OF CIVIL PARTNERSHIP PART 5 - CAVEAT PART 6 - VOID AND VOIDABLE CIVIL PARTNERSHIPS PART 7-REGISTRATION PART 8 - CIVIL PARTNERSHIP OFFICERS PART 9 – CIVIL REGISTRARS PART 10-PROTECTION FOR MARRIAGE OFFICERS PART 11 - MARITIME CIVIL PARTNERSHIPS PART 12 - OVERSEAS RELATIONSHIPS TREATED AS CIVIL PART 13 - BREAKDOWN, DISSOLUTION AND FINANCIAL RELIEF Application of the Matrimonial Causes Law (2005 Revision) and the Maintenance Law PART 14 - OFFENCES IN CONNECTION WITH CIVIL PART 15 - MISCELLANEOUS PART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS PART 17 - PROVISIONS RELATING TO CERTAIN MARRIAGES PART 18 - FINAL PROVISIONS A LAW TO PROVIDE FOR CIVIL PARTNERSHIPS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier, with the prior approval of the Secretary of State, and pursuant to instructions issued in accordance with section 31 of the Constitution. PART 1 - PRELIMINARY Short title This Law may be cited as the Civil Partnership Law, 2020. Interpretation In this Law — “certificate of civil partnership” means a certificate issued under section 21 after a civil partnership is formalised; “civil partner” means a party to a civil partnership; “civil partnership” means a union between two persons — (a) recognised; or (b) formalised and registered, in accordance with this Law; I Assent, Martyn Roper Governor Date: 4th day of September, 2020 “civil partnership officer” means a person appointed under section 26 or licensed under section 33 or 34; “Civil Partnerships Register” means the register kept under section 21; “Civil Registrar” means a Civil Registrar for civil partnerships appointed under section 29; “commencement date” means the date on which this Law is published in the Gazette; “overseas relationship” has the meaning assigned by section 38; “prescribed” means prescribed by regulations made by the Governor in accordance with section 50; “prohibited degrees of civil partnership” has the meaning given in section 6 and Schedule 1; “Registrar” means the Registrar of Civil Partnerships who shall be the Registrar-General; “Registrar’s or a Civil Registrar’s certificate” means a certificate issued by the Registrar or a Civil Registrar under section 9; “relevant law” means the law of the country or territory where the relationship is registered, including its rules of private international law; “special licence” means a special licence issued by the Governor under section 10; “specified relationship” has the meaning assigned by section 39; and “witness” means a person who is eighteen years of age or older who is of sound mind. Overview of civil partnership (1) Two persons may enter into a civil partnership under this Law if — (a) either person is sixteen years of age or older but under the age of eighteen and the person’s parent, legal guardian or the court consents to the civil partnership in accordance with this Law; (b) both persons are over the age of eighteen years; neither person is currently married, in a civil partnership or overseas relationship; and (d) neither person is within the prohibited degrees of civil partnership. (2) A civil partnership may be formalised by the Registrar or a Civil Registrar or by a civil partnership officer. (3) After a civil partnership is formalised, a party to the civil partnership shall register it under section 21. (4) The dissolution of a civil partnership is governed by the Matrimonial Causes Law (2005 Revision) and the Maintenance Law (1996 Revision) as applied by section 42. (5) This section is subject to the provisions of this Law. PART 2 - CAPACITY Age of eligibility and consent (1) Subject to this section, a person who has not reached the age of eighteen years is prohibited from entering into a civil partnership. (2) Where a person is under the age of eighteen years but is sixteen years of age or older and is not a widower or widow, and the person intends to enter into a civil partnership, either parent or the legal guardian of the person shall have authority to consent to the civil partnership of the person, and such consent is required by this Law. (3) If the parent or legal guardian whose consent to a civil partnership is necessary — (a) is not of sound mind; or (b) is unreasonably withholding consent, either party to the civil partnership may refer the matter to the Grand Court and a judge shall decide upon the matter summarily. (4) If, upon examination by a judge of the Grand Court under subsection (3) the proposed civil partnership appears to be proper, the judge shall certify to that fact, and the certificate of the court shall be as good and effectual as if the necessary consent had been given. (5) Where either of the parties to a civil partnership is under eighteen years of age, is not a widower or widow, and enters into a civil partnership under this Law without the consent required to enter into a civil partnership in accordance with this Law, the civil partnership shall be voidable. Requirement not to be already married, in a civil partnership or in an overseas relationship (1) A person who is married is prohibited from entering into a civil partnership during the currency of the marriage. (2) A person who is in a civil partnership is prohibited from entering into another civil partnership during the currency of the first-mentioned civil partnership. (3) A person who is in an overseas relationship is prohibited from entering into a civil partnership during the currency of the overseas relationship. Prohibited degrees of civil partnership (1) Two persons who are within the prohibited degrees of civil partnership, as set out in Schedule 1, are prohibited from entering into a civil partnership with each other. (2) Subsection (1) is subject to paragraph 4 of Schedule 1. PART 3 - NOTICE AND ISSUE OF CERTIFICATE AND SPECIAL LICENCE Authority for civil partnership A civil partnership may be formalised under the authority of — (a) the Registrar’s or a Civil Registrar’s certificate issued under section 9; (b) a special licence granted by the Governor under section 10; or a licence granted by the Deputy Governor under section 33 or 34, and without any such authority in the cases provided for in section 15. Preliminaries to civil partnership on Registrar’s or Civil Registrar’s certificate (1) If two persons intend to enter into a civil partnership, one of them shall apply to — (a) the Registrar; or (b) a Civil Registrar, and shall give notice in the prescribed form of the intended civil partnership. (2) The person giving notice under subsection (1) shall also make a statutory declaration in the prescribed form before the Registrar or Civil Registrar declaring that the person believes that — (a) where applicable, either of the parties or both are at least sixteen years of age but under eighteen years of age and has or have received consent to enter into a civil partnership in accordance with this Law; (b) where applicable, the parties are both eighteen years of age or older; neither party is currently married, in a civil partnership or overseas (d) the parties are not within the prohibited degrees of civil partnership or, if they are, a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition; (e) there is no other lawful impediment to the intended civil partnership; and (f) the particulars in the notice are true. (3) If both of the parties to an intended civil partnership are ordinarily resident outside of the Islands, the requirements of this section are satisfied if one of the parties sends to the Registrar by electronic means to the e-mail address provided by the Registrar or posts to the Registrar — (a) the notice under subsection (1) in the prescribed form; and (b) the statutory declaration as to the matters in subsection (2) at any time before the civil partnership is formalised. (4) Upon receipt of a notice of an intended civil partnership, the Registrar or Civil Registrar, on being satisfied that the notice conforms to the requirements of this section, shall — (a) enter the particulars set out in the notice in the Civil Partnerships Notice Book; and (b) display in a conspicuous and accessible place on a notice board in a public area in the Registrar or Civil Registrar’s office, a public notice of the intended civil partnership in the form as provided by the Registrar, and shall keep the notice so displayed for seven consecutive days after it has been put up. (5) The Civil Partnerships Notice Book shall be open at all reasonable times to any person desiring to inspect it. (6) For the purposes of this section, “electronic” has the meaning assigned by section 2 of the Electronic Transactions Law (2003 Revision). Issue of certificate to enter into civil partnership After the submission, whether by posting or by electronic means, and publication of the notice of intended civil partnership as required by section 8, and, at any time not later than three months nor earlier than seven days after the receipt of the notice of civil partnership, the Registrar or the Civil Registrar, on the application of either of the parties to the intended civil partnership, or by any person authorised by the person who gave the notice, shall issue to the applicant the Registrar’s or Civil Registrar’s certificate, whichever is applicable, in the form provided by the Registrar — (a) if no lawful impediment has been shown to the Registrar’s or the Civil Registrar’s satisfaction why a certificate should not be issued; and (b) if no caveat has been entered against the issue of a certificate or if a caveat so entered has been removed. Special licence

(1) Notwithstanding anything in this Law, the Governor may, in the case of an intended civil partnership between two persons who are not resident in the Islands — (a) dispense with the giving of notice of civil partnership and with the issue of the Registrar’s or a Civil Registrar’s certificate; and (b) grant a special licence in the prescribed form authorising the formalising of the civil partnership before the Registrar, a Civil Registrar or a civil partnership officer. (2) An application for a special licence may be made by a party to the intended civil partnership to the Governor and it shall be submitted by the party to the Registrar together with the affidavit referred to in subsection (5). (3) The Registrar shall, if satisfied that there is sufficient information for the consideration of the Governor, forward the application under subsection (2) and all other relevant documents to the Governor together with the Registrar’s recommendation in relation to the application. (4) The Governor shall not grant a special licence under this section unless — (a) it appears to the Governor that the intended civil partnership is not prohibited by this Law; and (b) an affidavit is produced to the Governor as mentioned in subsection (5). (5) One of the parties to the intended civil partnership shall make an affidavit deposing to the following matters — (a) that neither party is resident in the Islands; (b) where applicable, that either party is sixteen years of age or older but under the age of eighteen and consent has been received in accordance with this Law; where applicable, that the parties are both eighteen years of age or older; (d) that neither party is currently married, in a civil partnership or overseas (e) that the parties are not within the prohibited degrees of civil partnership or, if they are, that a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition; (f) that there is no other lawful impediment to the intended civil partnership; and (g) where the intended civil partnership is not to be formalised by the Registrar, the name of the relevant Civil Registrar or civil partnership officer before whom the parties to the intended civil partnership wish the civil partnership to be formalised. (6) The Governor may require proof being made to the Governor’s satisfaction of all or any of the matters mentioned in an application under subsection (5), and for the purposes of such proof, the Governor may prescribe any form of declaration that the Governor thinks fit to be made before any person that the Governor may appoint, and declarations so prescribed shall be deemed to be declarations required by law for the purposes of a civil partnership. (7) Upon proof being made under subsection (6) to the Governor’s satisfaction, the Governor may, if the Governor thinks fit, grant a special licence in the prescribed form. Certificate and special licence void after three months

Where an intended civil partnership does not take place within three months after the date of the issue of — (a) the Registrar’s or a Civil Registrar’s certificate relating to the intended civil partnership, subject to the lodging of a caveat under section 16; or (b) a special licence relating to the intended civil partnership, the certificate or special licence shall be void, and the civil partnership shall not be entered into under the authority of that certificate or special licence. Authorisation of civil partnership officer by Registrar’s or Civil Registrar’s certificate or special licence

A Registrar’s or Civil Registrar’s certificate or a special licence authorises a civil partnership officer to formalise the civil partnership to which the certificate or special licence relates. PART 4 - FORMALISATION OF CIVIL PARTNERSHIP Formalisation by the Registrar or Civil Registrar

(1) The Registrar or Civil Registrar may formalise a civil partnership if the Registrar or Civil Registrar, as applicable, is satisfied — (a) that the civil partnership is not prohibited by this Law; (b) that the requirements of this Law have been complied with; and that — (i) no caveat to the civil partnership has been lodged under section 16; or (ii) if a caveat has been lodged, it has been withdrawn or removed. (2) The formalisation of a civil partnership shall not take place — (a) earlier than seven days after the date on which notice of intended civil partnership was given; or (b) more than three months after the date on which notice of the intended civil partnership was given or, where a caveat has been lodged, more than three months after the date on which the caveat was withdrawn or removed. (3) A civil partnership shall only be formalised by the Registrar between the hours of 9:00 a.m. and 4:00 p.m. on Monday to Friday and may only be formalised by the Registrar — (a) at the office of the Registrar; or (b) at an alternative location approved by the Registrar. (4) A civil partnership shall only be formalised by a Civil Registrar between the hours of 6:00 a.m. and 8:00 p.m. and — (a) at the office of the Civil Registrar; or (b) at an alternative location approved by the Registrar. (5) During the formalisation, in the presence of the Registrar and at least two witnesses each party shall make a clear statement that — (a) gives the full names of both parties; and (b) acknowledges that they are freely entering into a civil partnership with each other and know of no lawful impediment to the civil partnership. (6) The Governor may — (a) make regulations prescribing buildings or other places as alternative approved locations for the purposes of subsection (3)(b) and (4)(b); and (b) on application made by the parties in writing at least fourteen days before the proposed date of the formalisation, approve an additional alternative location, subject to the approval of the Registrar and on such terms and conditions as the Governor may direct. (7) The parties to a civil partnership to be formalised at an alternative approved location shall — (a) obtain the written permission of the owner or occupier to use that location for the formalisation of their civil partnership and notify the Registrar, or where the civil partnership is to be formalised by a Civil Registrar, both the Registrar and the Civil Registrar; and (b) comply with any terms and conditions imposed by the owner or occupier. Formalisation by civil partnership officer

(1) On the delivery to a civil partnership officer of either — (a) a valid Registrar’s or Civil Registrar’s certificate issued under section 9; or (b) a valid special licence granted by the Governor under section 10, the civil partnership officer may formalise a civil partnership between the parties specified in the certificate or special licence. (2) A civil partnership shall be formalised in the presence of two or more witnesses in addition to the civil partnership officer. (3) A civil partnership may be formalised in any place in the Islands, but shall not be formalised in a place to which access is prevented by locked or barred doors or otherwise. (4) During the formalisation, in the presence of the civil partnership officer and at least two witnesses, each party shall make a clear statement that — (a) gives the full name of each party; and (b) acknowledges that they are freely entering into a civil partnership with each other and know of no lawful impediment to the civil partnership. (5) A civil partnership officer shall not formalise a civil partnership if the civil partnership officer knows or has reason to believe that there is a lawful impediment to the civil partnership. Civil partnership in extremis

(1) Notwithstanding anything in this Law, if the conditions specified in subsection (2) are fulfilled, it shall be lawful to formalise a civil partnership before a civil partnership officer without giving notice of the intended civil partnership, or, if notice has been given — (a) without the issue of the Registrar’s or a Civil Registrar’s certificate under section 9; (b) without the grant of a special licence under section 10; or after the expiration of three months from the date of the issue of the Registrar’s or a Civil Registrar’s certificate or a special licence. (2) The conditions referred to in subsection (1) are as follows — (a) both parties to the intended civil partnership are required to be legally competent to enter into the civil partnership; (b) the civil partnership shall be formalised in the presence of two or more witnesses in addition to the civil partnership officer, and one of the witnesses must be a medical doctor; each party shall give a clear statement that — (i) gives the full name of each party; and (ii) acknowledges that the parties are freely entering into a civil partnership with each other and know of no lawful impediment to the civil partnership; and (d) at least one of the parties to the intended civil partnership must, in the opinion of a medical doctor, be in a dying state but is able to understand the effect of entering into the civil partnership. (3) A civil partnership formalised under this section shall not operate as a revocation of any will. PART 5 - CAVEAT Caveat to intended civil partnership

(1) A person who knows or claims to know of any lawful grounds why a civil partnership should not take place may enter a caveat against the issue of the Registrar’s or a Civil Registrar’s certificate. (2) A person shall enter a caveat by notice in writing signed by that person, stating the person’s full name, residential address, and the grounds of objection on which the person claims the civil partnership should not take place. (3) A caveat shall be given to the Registrar or Civil Registrar and may be given at any time before the issue of the certificate to which it relates. (4) Where a caveat is given to a Civil Registrar, the Civil Registrar shall — (a) record in the Civil Registrar’s Civil Partnerships Register Book the particulars contained in the notice and the date of receipt; and (b) transmit the caveat to the Registrar. (5) On receipt of a caveat, the Registrar shall forthwith — (a) record in the Civil Partnerships Register the particulars contained in the notice and the date of receipt; and (b) refer the caveat to a judge of the Grand Court. Powers of Judge regarding caveat

Where a caveat has been referred to a judge, the following provisions have effect — (a) if the judge is of the opinion that no legal ground has been disclosed in the caveat for preventing the civil partnership, the judge may order the caveat to be removed without requiring any of the parties to appear; (b) the judge may cause a summons to be issued to the parties to the intended civil partnership and the person by whom the caveat has been entered requiring such person to show cause why the Registrar or a Civil Registrar’s certificate should not be issued; the judge may hear and determine every such matter in a summary way and shall either confirm the caveat or order it to be removed; (d) if the caveat is removed, the Registrar or where applicable the Civil Registrar may issue the certificate referred to under section 9 and the civil partnership may proceed as if the caveat had not been entered, but the time that has elapsed between the entry and removal of the caveat shall not be computed in the period of three months specified in section 11; (e) if it appears to the judge that the caveat has been entered on insufficient grounds, the judge may order the person who entered the caveat to pay compensation and costs to the parties to the intended civil partnership; and (f) if the caveat is confirmed, the Registrar shall forthwith inform every Civil Registrar and civil partnership officer. PART 6 - VOID AND VOIDABLE CIVIL PARTNERSHIPS Grounds on which a civil partnership is void

A civil partnership shall be void on the following grounds— (a) if it is not formalised by the Registrar, a Civil Registrar or a civil partnership officer; (b) if at the time it was entered into either party was under the age of sixteen; if at the time it was entered into either party was already married, in a civil partnership or overseas relationship; (d) if at the time it was entered into the parties were within the prohibited degrees of civil partnership, and no order under paragraph 4 of Schedule 1 had been obtained; (e) if both parties knowingly and wilfully acquiesced in the formalisation of the civil partnership under a false name or names; (f) if both parties to the civil partnership (not being a civil partnership in extremis) knowingly and wilfully acquiesced in its formalisation without any notice given of the civil partnership (where such notice is required by this Law) or without the authority of the Registrar’s or a Civil Registrar’s certificate under section 9, a special licence under section 10 or a licence under section 33 or 34; (g) if it is formalised as a civil partnership in extremis, and both parties knowingly and wilfully acquiesced in its being so formalised without fulfilment of the conditions specified by section 15; or (h) that either party to the civil partnership did not validly consent to it, whether by consequence of fraud, duress, mistake, unsoundness of mind or otherwise. Grounds on which a civil partnership is voidable

(1) A civil partnership is voidable on the following grounds only — (a) if at the time it was entered into either party was or both parties were at least sixteen years of age but under the age of eighteen years and did not receive the consent required under section 4; (b) that at the time of the civil partnership either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental impairment or serious mental illness within the meaning of the Mental Health Law, 2013 of such a kind or to such an extent as to be unfit for civil partnership; that the petitioner was unaware that at the time of the civil partnership the respondent was suffering from venereal disease in a communicable form; or (d) that the petitioner was unaware that at the time of the civil partnership the respondent was pregnant by some person other than the petitioner. (2) In subsection (1)(c) and (d), “petitioner” and “respondent” mean the parties to an application under the Matrimonial Causes Law (2005 Revision) as applied by section 42. Effect of defect in formalities or procedures

(1) Save as provided in section 18, a defect in compliance with the formalities or procedures required under this Law does not, in itself, render a civil partnership void. (2) Notwithstanding subsection (1), nothing in this section exempts the Registrar, a Civil Registrar or a civil partnership officer who does anything contrary to the provisions of this Law from any penalty for an offence under this Law. PART 7-REGISTRATION Registration of civil partnerships

(1) The Registrar shall keep at the office of the Registrar-General the Civil Partnerships Register in which shall be recorded — (a) all civil partnerships entered into in the Islands; and (b) all civil partnerships recognised under this Law. (2) Immediately after a civil partnership has been formalised by the Registrar, the Registrar shall issue to the parties a certificate of civil partnership which shall be signed by — (a) the Registrar; and the Registrar shall enter particulars of the civil partnership in the prescribed form in the Civil Partnerships Register. (3) Immediately after a civil partnership has been formalised by a civil partnership officer, the civil partnership officer shall issue to the parties a certificate of civil partnership which shall be signed by — (a) the civil partnership officer; (4) A civil partnership officer shall, as soon as practicable, transmit to the Registrar a duplicate of the certificate prepared under subsection (3) similarly signed, and the duplicate certificate shall be filed by the Registrar and preserved among the records of the office of the Registrar-General, and the Registrar shall enter a true copy thereof in the Civil Partnerships Register. (5) Immediately after a civil partnership has been formalised by a Civil Registrar, the Civil Registrar shall issue to the parties a certificate of civil partnership which shall be signed by — (a) the Civil Registrar; and the Civil Registrar shall enter particulars of the civil partnership in the prescribed form in the Civil Registrar’s Civil Partnerships Register Book. (6) The Civil Partnerships Register Book shall be in the prescribed form and contain the prescribed particulars. (7) After entering the particulars of the civil partnership in the Civil Registrar’s Civil Partnerships Register Book, the Civil Registrar shall, as soon as practicable, transmit to the Registrar a duplicate of the certificate prepared under subsection (5) similarly signed, and the duplicate certificate shall be filed by the Registrar and preserved among the records of the office of the RegistrarGeneral, and the Registrar shall enter a true copy thereof in the Civil Partnerships Register. (8) In the case of a civil partnership formalised in extremis under section 15 — (a) the requirement as to the signing of the certificate by the parties to the civil partnership shall be waived so far as regards any party unable to sign; (b) the certificate shall be signed by — (i) the Registrar, the Civil Registrar or the civil partnership officer who formalised the civil partnership; (ii) any party to the civil partnership able to sign; and (iii) two witnesses to the civil partnership, one of whom shall be the medical doctor referred to in section 15; the Registrar shall insert the words “in extremis” in the entry to be made in the Civil Partnerships Register; and (d) where applicable, the Civil Registrar shall insert the words “in extremis” in the entry to be made in the Civil Partnerships Register Book. Access to Civil Partnerships Register

(1) The Registrar may, in accordance with this section — (a) allow a person or organisation (“applicant”) that has an adequate reason for wanting access to the Civil Partnerships Register access to the Register; or (b) provide a person or organisation (“applicant”) that has an adequate reason for wanting information from the Civil Partnerships Register, with information extracted from the Register. (2) In deciding whether an applicant has an adequate reason for wanting access to the Civil Partnerships Register, or information extracted from the Civil Partnerships Register, the Registrar shall have regard to — (a) the nature of the applicant’s interest; (b) the sensitivity of the information; the use to be made of the information; and (d) any other prescribed factors. Registrar may require information

(1) The Registrar may, for the purpose of completing or rectifying the registration of any civil partnership, require any person — (a) who is required by this Law to give any notice or statement relating to the civil partnership; or (b) who may reasonably be expected to have knowledge of the true facts relating to the civil partnership, to make any written declaration or to give any information within the person’s knowledge relating to the civil partnership, and to attend at the office of the Registrar-General for the purpose of making the declaration or giving the information. (2) If the Registrar thinks fit, the Registrar may require any such declaration or information to be made or given on oath. Alterations and amendments to the register

(1) No alteration in the Civil Partnerships Register shall be made except as authorised by this section. (2) Any clerical error which may from time to time be discovered in the Civil Partnerships Register may be corrected by the Registrar or by any person authorised by the Registrar in that behalf; and where any such correction is made a note to that effect shall be inserted in the Civil Partnerships Register and shall be signed by the Registrar. (3) Any error of fact or substance in the Civil Partnerships Register may be corrected by the Registrar in cases where the Registrar is satisfied as to the truth of the correction. (4) The correction shall be made by entry in the Civil Partnerships Register (without any alteration in the original entry) and a note to that effect shall be inserted in the Civil Partnerships Register and shall be signed by the Registrar. (5) Where a person applies for the correction of an error of fact or substance, the Registrar, if satisfied as to the truth of the correction, and upon payment of the prescribed fee, may make the correction in the manner set out in subsection (4) upon production to the Registrar by the applicant of a sworn declaration in writing setting out — (a) the nature of the error; and (b) the true facts of the case, and made and signed by a person required to make any statement under the provisions of this Law relating to the civil partnership to which the application relates, or by any two persons having knowledge of the truth of the case. Rectification

(1) Where a civil partnership is formalised under this Law, which, without fault of the parties to the civil partnership, has been omitted to be registered, or where the register of civil partnership has been lost or destroyed, either of the parties, or in the case of a party’s death, the issue or other lawful representative of such party, may apply to a summary court for an order to have the civil partnership correctly registered. (2) A magistrate of the summary court shall require notice of the application under subsection (1) to be given to such persons as the magistrate thinks necessary. (3) If the magistrate is satisfied, after hearing evidence as may be adduced, that the civil partnership has been proved, the magistrate shall make an order to that effect, and shall certify the same to the Registrar who shall thereupon cause the civil partnership to be specially registered (in duplicate) in accordance with the terms of the order, in books to be kept for the purpose among the records of the office of the Registrar-General, with a note of such order and the date of the order. PART 8 - CIVIL PARTNERSHIP OFFICERS Appointment of civil partnership officers

(1) A person may apply in writing to the Deputy Governor to be appointed as a civil partnership officer and shall give his or her full name, address and date of birth, and such other particulars as may be prescribed. (2) The Deputy Governor may appoint a person as a civil partnership officer if the Deputy Governor, after consulting the Registrar, is satisfied — (a) that the person is of good character; (b) that the person is able to, and will, conscientiously perform the duties of a civil partnership officer under this Law; and that the appointment is in the public interest. (3) The Registrar shall give notice in the Gazette, in any other official Government website or official means of communication of the name of every person who is appointed as a civil partnership officer. (4) A person named in a notice given under subsection (3) is entitled to act as a civil partnership officer on and from the date specified in the notice until the person’s appointment ceases under section 27. Ceasing to be a civil partnership officer

(1) A person ceases to be a civil partnership officer — (a) in the case of a person who resigns, on the date on which the Registrar receives the person’s written notice of resignation; or (b) in the case of a person whose appointment is cancelled by the Deputy Governor under this section, on the date referred to in subsection (5). (2) The Deputy Governor, after consulting the Registrar, may cancel a person’s appointment as a civil partnership officer if the Deputy Governor is no longer satisfied, with respect to the person, as to any of the matters set out in section 26(2). (3) The Deputy Governor shall not cancel a person’s appointment as a civil partnership officer without first — (a) giving the person notice that the Deputy Governor is considering cancelling the appointment; (b) giving the person a reasonable opportunity to make submissions on the proposed cancellation; and considering any submissions made by the person within that time. (4) The Registrar shall give notice in writing to the person concerned of the Deputy Governor’s decision to cancel the person’s appointment as a civil partnership officer, and also of any decision not to proceed with a proposed cancellation. (5) If a person’s appointment as a civil partnership officer is cancelled, the notice from the Registrar shall specify the date on which the cancellation takes effect, which must be a date not sooner than five days after the date on which the notice is sent. Publication of list of civil partnership officers

(1) The Registrar shall keep affixed in a conspicuous and accessible place on a notice board in a public area in the office of the Registrar-General a list showing the names of all civil partnership officers appointed under section 26. (2) The Registrar shall, at least once every year, publish a list in the Gazette, in any other official Government website or official means of communication of the names of all current civil partnership officers, and this list may be combined with any notice given under section 26(3). (3) The Registrar may at any time publish in the Gazette, in any other official Government website or official means of communication a list of the names of persons who have ceased to be civil partnership officers since the latest list under this section was published. PART 9 – CIVIL REGISTRARS Civil Registrars

(1) The Governor shall, from time to time, appoint and remove at pleasure such persons as the Governor thinks fit to be Civil Registrars for the purposes of this Law. (2) Appointments and removals of, and any resignation or vacation of office by Civil Registrars shall be published in the Gazette, in any other official Government website or official means of communication, and shall take effect from the date of publication. (3) A Civil Registrar shall have an office for the purpose of carrying out duties and functions under this Law and the Civil Registrar shall publish the location of such office. Deputies to Civil Registrars

(1) A Civil Registrar shall, subject to the approval of the Governor, appoint in writing a fit person to act as the Civil Registrar’s deputy in case of illness or absence of the Civil Registrar. (2) A deputy Civil Registrar shall hold office during the pleasure of the Civil Registrar by whom the deputy is appointed, but shall be removable from office by the Governor. (3) A deputy Civil Registrar, while so acting, shall have all the powers and duties and be subject to all the penalties in this Law relating to Civil Registrars. (4) A Civil Registrar shall be civilly responsible for the acts and omissions of the deputy appointed by the Civil Registrar. (5) In the event of the incapacity or absence of the deputy, the Governor shall appoint a fit person to act as Civil Registrar until the person holding the appointment of Civil Registrar resumes the duties of office or until a new appointment to the office of Civil Registrar is made. (6) If a Civil Registrar dies or otherwise ceases to hold office, the Civil Registrar’s deputy shall act as Civil Registrar in Civil Registrar’s place until the appointment of another Civil Registrar is made by the Governor. PART 10-PROTECTION FOR MARRIAGE OFFICERS Provision in respect of marriage officers

(1) A person granted a licence as a marriage officer under the Marriage Law (2010 Revision) is not authorised to formalise a civil partnership unless the person is also appointed as a Civil Registrar or a civil partnership officer under this Law. (2) No person may compel a marriage officer appointed under the Marriage Law (2010 Revision) to permit the use of any place of worship under the control of the marriage officer for the formalisation of a civil partnership. PART 11 - MARITIME CIVIL PARTNERSHIPS Maritime civil partnerships: interpretation

In sections 33 to 37 — “Cayman Islands ship” has the meaning given in section 2 of the Merchant Shipping Law (2016 Revision); “high seas” means all parts of the sea that are not included in the territorial sea or the internal waters of a state or territory; “master” includes every person (except a pilot) having command or charge of any ship; and “Registrar of Shipping” means the Registrar of Shipping appointed under section 10 of the Maritime Authority Law (2013 Revision). Maritime civil partnerships: civil partnership officers

(1) The Deputy Governor may grant a licence to the master of a Cayman Islands ship to be a civil partnership officer for the purposes of this Law. (2) An application for the grant to a master of a Cayman Islands ship of a licence to be a civil partnership officer shall be made in writing to the Deputy Governor and shall state the full name of the applicant, the applicant’s address and date of birth, and shall contain such other particulars as may be prescribed. (3) An application under subsection (2) shall be forwarded to the Registrar of Shipping accompanied by a certificate of the applicant’s qualifications to be a master of a Cayman Islands ship and a letter of the applicant’s appointment to serve on board a Cayman Islands ship. (4) The Registrar of Shipping, on being satisfied that the application contains sufficient information to enable the application to be considered by the Deputy Governor, shall forward the application to the Registrar with the recommendation of the Registrar of Shipping on the application. (5) Every licence granted by the Deputy Governor under this section shall have effect as from such date and shall be valid for such period as may be specified in the licence, and may, by the terms of the licence, limit to any particular Cayman Islands ship or ships, the functions of the master so licensed. (6) A licence granted by the Deputy Governor under this section shall be in the prescribed form. (7) The Registrar shall publish a notice in the Gazette, in any other official Government website or official means of communication as soon as practicable after the grant of a licence under this section. (8) The Deputy Governor may, at any time and without assigning any reason, revoke a licence granted by the Deputy Governor under this section. (9) A civil partnership officer may, at any time by notice in writing to the Deputy Governor, surrender his or her licence. (10) The Registrar shall give notice in the Gazette, in any other official Government website or official means of communication of every revocation of a licence under subsection (8) or surrender of a licence under subsection (9). Maritime civil partnerships: provisional civil partnership officers

(1) The Deputy Governor may grant a licence to a person who is the second in command to the master of a Cayman Islands ship to be a provisional civil partnership officer for the purposes of this Law. (2) The making of an application for a licence under subsection (1) and the way the application is dealt with shall be the same as an application for a licence under section 33(2) to (4). (3) Section 33(5) to (10) shall apply, with necessary modifications, to a licence granted under subsection (1). (4) Notwithstanding subsections (2) and (3), a licence granted under subsection (1) shall be granted subject to the condition that the licensee shall formalise a civil partnership only if the licensee is, at the time scheduled for the formalisation of the civil partnership, the master of a Cayman Islands ship; and the licensee shall be deemed to be a civil partnership officer for that purpose. Maritime civil partnerships: register of civil partnership officers

The Registrar shall keep affixed in a conspicuous and accessible place on a notice board in a public area in the office of the Registrar-General a list showing the names of all civil partnership officers licensed under section 33 and the names of the Cayman Islands ships on which they are serving. Maritime civil partnerships: general provisions

(1) Subject to the requirements of this Law relating to notice of civil partnership and the issue of the Registrar’s or a Civil Registrar’s certificate, a civil partnership may be formalised before a civil partnership officer on the high seas under the authority of the Registrar’s or a Civil Registrar’s certificate . (2) A civil partnership may be formalised before a civil partnership officer on the high seas without notice of civil partnership or the issue of the Registrar’s or a Civil Registrar’s certificate under the authority of a special licence. (3) A civil partnership in extremis may be formalised on the high seas by a civil partnership officer in accordance with section 15. (4) A civil partnership formalised in the manner provided in this Law on board Cayman Islands ships on the high seas before a civil partnership officer shall be as valid in law as if it had been formalised in the Islands. (5) In this section, “civil partnership officer” means one granted a licence under section 33 or 34. Maritime civil partnerships: notices and register

(1) The Registrar shall indicate on any notice published in relation to a maritime civil partnership that it relates to a maritime civil partnership. (2) The Civil Partnerships Register shall contain a separate part for the registration of maritime civil partnerships. PART 12 - OVERSEAS RELATIONSHIPS TREATED AS CIVIL Meaning of “overseas relationships”

For the purposes of this Law, “overseas relationship” means a relationship which is — (a) either a specified relationship or a relationship which meets the general conditions in section 39(4); and (b) registered (whether before or after the commencement date) with a responsible authority in a country or territory outside the Islands in accordance with the relevant law, by two persons neither of whom is already in a civil partnership or lawfully married, but does not include marriage contracted between parties who are respectively male and female. Specified relationships and the general conditions

(1) “Specified relationship” means one of the relationships listed by reference to the respective overseas jurisdictions listed in Schedule 2. (2) The Governor may by Order amend Schedule 2. (3) No Order shall be made under subsection (2) to add an overseas relationship to the list in Schedule 2 unless the Governor is satisfied that the overseas relationship is established or recognised under the relevant law and the relevant law meets the general conditions. (4) The “general conditions” referred to in subsection (3) are that the relevant law — (a) prohibits a person from entering into the relationship if either party is already a party to a similar relationship or married, and requires that during the relationship the parties may not enter into another similar relationship or marry anyone else; (b) requires that the parties explicitly consent to entering into the relationship; provides that the relationship ends only — (i) on the death of a party; or (ii) by a judicial or other process that would be recognised under the law of the Islands as a dissolution or an annulment; and (d) does not permit or recognise the relationship if the parties are related as — (i) parent and child (including an adopted child); (ii) siblings or half-siblings; or (iii) grandparent and grandchild. Overseas relationships treated as civil partnerships

(1) Two persons are to be treated as having entered into a civil partnership as a result of having registered an overseas relationship under the relevant law if, under that law, they — (a) had capacity to enter into the relationship; and (b) met all requirements necessary to ensure the formal validity of the (2) Subject to subsection (3), the date on which the parties are to be treated as having entered into the civil partnership is — (a) the date on which the overseas relationship is registered (under the relevant law) as having been entered into; or (b) if later, the date on which both parties have attained the age of eighteen years. (3) Subject to subsection (4), if the overseas relationship is registered under the relevant law as having been entered into before the commencement date, then, from the commencement date, the parties are to be treated as having entered into a civil partnership — (a) on the date on which the overseas relationship was registered under the relevant law as having been entered into; or (b) if later, the date on which both parties have attained the age of eighteen years. (4) Subsection (3) does not apply if a dissolution or an annulment of the overseas relationship was obtained outside the Islands which would be recognised in the Islands had the overseas relationship been treated as a civil partnership at the time of the dissolution or the annulment. (5) The Governor may by regulations make such further provision as it considers necessary with respect to the treating of overseas relationships as civil partnerships in the Islands. Public policy exception

Two persons are not to be treated as having entered into a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into that relationship. PART 13 - BREAKDOWN, DISSOLUTION AND FINANCIAL RELIEF Application of the Matrimonial Causes Law (2005 Revision) and the Maintenance Law (1996 Revision)

The Matrimonial Causes Law (2005 Revision), the Maintenance Law (1996 Revision) and the rules and regulations made under those Laws shall apply with necessary changes to proceedings brought in respect of the breakdown, dissolution and nullity of civil partnerships and related financial relief in such proceedings, as they apply in respect of matrimonial proceedings. PART 14 - OFFENCES IN CONNECTION WITH CIVIL Offences

(1) A person commits an offence if the person — (a) knowingly and wilfully purports to formalise a civil partnership without being the Registrar, a Civil Registrar or a civil partnership officer; (b) being the Registrar, a Civil Registrar or a civil partnership officer, formalises a civil partnership — (i) knowing that the civil partnership is void on any ground; or (ii) knowing that it is an irregular civil partnership; or (iii) accepts or publishes a notice, or issues a certificate of civil partnership, in respect of any intended civil partnership knowing that the civil partnership would be void or irregular; is a party to a civil partnership, knowing that the civil partnership is void on any ground and that the other party believes it to be valid; (d) personates any other person in a civil partnership or enters into a civil partnership under a false name or description, with intent to deceive the other party to the civil partnership; (e) in any declaration, notice, statement, certificate, entry, licence or document required by any of the provisions of this Law to be made, given or issued for the purposes of a civil partnership, declares, states, certifies or enters any material matter or thing which the person knows to be false; or (f) attempts or aids or abets the commission of an offence under any of the preceding paragraphs, and is liable on conviction on indictment to a term of imprisonment of four years. (2) Without prejudice to the effect of subsection (1)(c) or (d), a person commits an offence if the person — (a) is a party to a civil partnership knowing that it is void on any ground or knowing that it is an irregular civil partnership; (b) enters into a civil partnership under a false name or description; or attempts or aids or abets the commission of an offence under either of the preceding paragraphs, and is liable on conviction on indictment to fine of ten thousand dollars, a term of imprisonment of two years, or to both. (3) A person commits an offence if the person attempts to prevent a civil partnership by pretending that there is any legal impediment to the civil partnership knowing that the pretence is false, or having no reason to believe that it is true, and is liable on conviction on indictment to fine of ten thousand dollars, a term of imprisonment of two years, or both. (4) A civil partnership officer or a Civil Registrar who, without reasonable cause or excuse, fails within seven days after the formalisation of any civil partnership to transmit to the Registrar a duplicate certificate in accordance with section 21 commits an offence, and is liable on summary conviction to a fine of five thousand dollars. (5) For the purpose of this section, “irregular civil partnership” means a civil partnership (other than a void civil partnership or a civil partnership in extremis) formalised — (a) without any notice given of the civil partnership as required by this Law; (b) without the authority — (i) of the Registrar’s or a Civil Registrar’s certificate issued under section 9; or (ii) of a special licence granted by the Governor under section 10; or (iii) of a licence granted by the Deputy Governor under section 33 or 34; after the expiration of three months from the date of the issue of the Registrar’s or a Civil Registrar’s certificate or from the date of the grant of a licence or special licence; or (d) before the removal of a caveat entered against the issue of the Registrar’s or a Civil Registrar’s certificate. (6) A prosecution under this section shall not be instituted without the written consent of the Director of Public Prosecutions. PART 15 - MISCELLANEOUS Evidence of civil partnership by means of Register

Every entry in the Civil Partnerships Register and every copy of any such entry purporting to be certified as a true copy under the hand and seal of the Registrar, shall be received in all courts and in all proceedings as evidence of the civil partnership to which the entry relates. Information may be recorded in electronic form

The information contained in any register, book or other document required to be kept by the Registrar under this Law may be recorded and kept by the Registrar in electronic form or such other form as the Registrar thinks fit, provided that it is possible to inspect the information and to produce a copy of it in legible form. Use of foreign language

Where any party to a civil partnership is not conversant with the English language, then the statements and declarations required by this Law to be used in the formalisation of the civil partnership shall, so far as they affect or are to be used by that party, be made in the language which that party commonly uses. Annual report

The Registrar shall within ninety days after the expiration of every calendar year, compile for publication in such form and manner as the Deputy Governor may approve, a summary of the civil partnerships registered under this Law during that year. PART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS Application by reference of enactments relating to marriage etc.

(1) Until all necessary legislation is enacted to provide amendments consequential upon the enactment of this Law, in any legislation, whether passed before or after the commencement date, the words and expressions listed in the first column of the table below shall, in each place be read as the corresponding word or expression in the second column unless the enactment is specifically amended. (2) Subsection (1) does not apply to the Marriage Law (2010 Revision) but a reference in any legislation to the Marriage Law (2010 Revision) shall be read as including a reference to this Law. TABLE conjugal dissolution (of marriage) dissolution (of civil partnership) divorce dissolution divorced former civil partner where civil partnership dissolved conjugal former spouse former civil partner where civil partnership dissolved or annulled husband husband and wife the parties to a civil partnership marital married party to a civil partnership marry enter into a civil partnership matrimonial next of kin includes civil partner relative includes civil partner remarriage entering into a subsequent civil partnership or marriage remarry entering into a subsequent civil partnership or marriage separated (of spouses) separated (of civil partners) spouse widow or widower surviving civil partner. wife PART 17 - PROVISIONS RELATING TO CERTAIN MARRIAGES Saving for certain same sex marriages

(1) Notwithstanding section 40, nothing in this Law prevents the recognition in the Islands of a marriage lawfully entered into and registered in an overseas jurisdiction under the relevant law of that jurisdiction before the commencement date by two persons of the same sex if — (a) both parties met all requirements necessary to ensure the formal validity of the marriage under the relevant law; and (b) at the time of the marriage each party was domiciled in the Islands or had capacity to enter into the marriage under the place of his or her domicile, provided that both parties were eighteen years of age or older at the time of the (2) In relation to a marriage falling within subsection (1), any reference in any enactment to marriage, the parties to marriage or the dissolution of marriage shall be read with the necessary modifications. (3) No action shall lie against any person for any act or omission before the commencement date relating to any failure to recognise a marriage falling within subsection (1). PART 18 - FINAL PROVISIONS Governor’s regulations

The Governor, after consultation with the Premier, may make regulations — (a) for the purpose of prescribing forms and fees; and (b) generally for the purpose of giving effect to this Law. Delegation of powers of the Governor and Deputy Governor

(1) The Governor may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Governor, delegate to the Deputy Governor any of the Governor’s powers or duties under this Law, other than — (a) this power of delegation; and (b) the power to appoint persons under this Law. (2) The Deputy Governor may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Deputy Governor, delegate to a public officer any of the Deputy Governor’s powers or duties under this Law, other than — (a) this power of delegation; and (b) the power to appoint persons under this Law. Law binding on Crown

This Law binds the Crown. (Section 6) PROHIBITED DEGREES OF CIVIL PARTNERSHIP A person may not enter into a civil partnership with the person’s — (a) (b) grandparent’s former spouse or civil partner; parent’s former spouse or civil partner; spouse’s or civil partner’s grandparent; spouse’s or civil partner’s parent; (d) (e) (f) (g) (h) grandparent’s former spouse or civil partner; parent’s former spouse or civil partner; spouse’s or civil partner’s grandparent; spouse’s or civil partner’s parent; (i) (j) (k) (m) grandparent’s former spouse or civil partner; parent’s former spouse or civil partner; spouse’s or civil partner’s grandparent; spouse’s or civil partner’s parent; (n) (o) The prohibited degrees of civil partnership apply whether the relationships described in paragraph 1 are by the whole blood or by the half blood. In this Schedule, “spouse” and “civil partner” include a former spouse or former civil partner, whether alive or deceased, and whether the marriage or civil partnership was terminated by death, dissolution, or otherwise. (1) Two persons who are within the prohibited degrees of affinity, but who are not within the prohibited degrees of consanguinity, may apply to the Grand Court for an order under this paragraph. (2) On an application under subparagraph (1), the Grand Court may make an order disapplying section 6(1) as it applies to the applicants. (3) The Clerk of the Court shall send a copy of the order to the Registrar. The Governor may, by Order, amend this Schedule and make such transitional or further provision as it considers necessary in consequence. (Section 39) SPECIFIED RELATIONSHIPS List of specified relationships for purposes of section 39 Andorra unión estable de parella or partnership domestic Argentina Argentina: Autonomous City of Buenos Aires unión domestic Australia: Australian Capital Territory Australia: New South Wales registered relationship registered Australia: Queensland Australia: Tasmania significant relationship Australia: Victoria registered civil relationship Austria eingetragene Partnerschaft Belgium cohabitation légale, wettelijke samenwoning or gesetzliches zusammenwohnen Belgium Brazil união estável or casamento civil homoafetivo Canada Canada: Manitoba common-law relationship or union de fait Canada: Nova Scotia Canada: Quebec union civile or civil union Colombia unión marital de hecho Czech Republic registrované partnertsví Denmark registreret partnerskab Ecuador unión civil Finland rekisteröity parisuhde or registrerad partnerskap France pacte civil de solidarité Germany gleichgeschlechtliche Ehe Germany eingetragene lebenspartnerschaft Gibraltar Greenland nalunaarsukkamik inooqatigiinneq or registreret partnerskab Hungary bejegyzett élettársi kapcsolat Iceland staðfesta samvist Ireland Isle of Man Jersey Liechtenstein eingetragene partnerschaft Luxembourg partenariat légal or eingetragene partnerschaft Malta Żwieġ bejn l-istess sess Malta unjoni ċivili Mexico: Coahuila pacto civil de solidaridad Mexico: Mexico City Federal District sociedad de convivencia Netherlands geregistreerd partnerschap Netherlands New Zealand Norway registrert partnerskap Portugal marriage or união de facto Slovenia zakon o registraciji istospolne partnerske partnerske skupnosti South Africa Spain marriage or pareja de hecho Sweden Switzerland eingetragene partnerschaft, partenariat enregistré or partnershipe domestica registrata United Kingdom: England & Wales United Kingdom: Northern Ireland United Kingdom: Scotland United States of America (including the unincorporated territories of Guam, the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands) United States of America: California United States of America: Colorado the relationship between designated beneficiaries United States of America: Connecticut United States of America: Delaware United States of America: Hawaii reciprocal beneficiary relationship United States of America: Illinois United States of America: Maine United States of America: Nevada United States of America: New Jersey Assented to by the Governor the 4th day of September, 2020.