{"kind":"expression","expression":{"expr_id":"2232","doc_id":"2232","label":"Youth Justice (Amendment) Law, 2020 (Law 32 of 2020)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2020\/32\", \"expression\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"d04ce9e292dd28ca2e3337d88ff343bc\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0032\/2020-0032.pdf\", \"pages\": 48, \"filename\": \"2020-0032.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 14752, \"paragraph_count\": 51, \"text_char_count\": 95168}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"DOMESTIC PARTNERSHIP BILL, 2020 A BILL FOR A LAW TO PROVIDE FOR DOMESTIC PARTNERSHIPS; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA) Domestic Partnership Bill, 2020 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill provides for domestic partnerships, and for incidental and connected purposes. PART 1 - PRELIMINARY Part 1 of the Bill contains the preliminary provisions. Clause 1 provides the short title and commencement of the legislation. Clause 2 provides the interpretation of certain words used in the legislation. Clause 3 provides for an overview of domestic partnership, including the conditions which must be satisfied for two people to enter into a domestic partnership under the legislation. Clause 3 also provides that a domestic partnership may be formalised by the Registrar, or in some instances, by a domestic partnership officer. Further, the clause provides for the registration of a domestic partnership after the domestic partnership is finalised. PART 2 \u2013 CAPACITY Part 2 of the Bill provides for the capacity to enter into a domestic partnership. Clause 4 provides for the age of eligibility and consent. A person who has not reached the age of eighteen years is prohibited from entering into a domestic partnership. However where a person is under the age of eighteen years but is sixteen years of age or older, is not a widower or widow, and the person intends to enter into a domestic partnership, either parent or the legal guardian of the person shall have authority to consent to the domestic partnership of the person, and such consent is required by the legislation. Clause 5 provides that a person who is either married, already in a domestic partnership or in an overseas relationship is prohibited from entering into a domestic partnership. Clause 6 provides for the prohibited degrees of a domestic partnership. Two people who are within the prohibited degrees of domestic partnership are prohibited from entering into a domestic partnership with each other. The prohibited degrees are set out in Schedule 1 and provide that a person may not enter into a domestic partnership with certain specified relatives or family members. This clause further provides however that two people 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 which dispenses with the prohibition. Objects and Reasons Domestic Partnership Bill, 2020 Introduced PART 3 \u2013 NOTICE AND ISSUE OF LICENCE Part 3 of the Bill provides for notice of domestic partnership and the issue of licences in respect of domestic partnerships. Clause 7 provides for the giving of a notice in the prescribed form to the Registrar by a person intending to enter into a domestic partnership with another person. The person giving notice shall also make a statutory declaration in the prescribed form before the Registrar declaring that the person believes that \u2014 (a) the parties are both eighteen years of age or older; (b) either or both parties are at least sixteen years of age but under eighteen years of age and has or have received consent to enter into a domestic partnership in accordance with the legislation; (c) neither party is currently married, in a domestic partnership or overseas relationship; (d) the parties are not within the prohibited degrees of domestic 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 domestic partnership; and (f) the particulars in the notice are true. Clause 8 provides for the registration and publication of a notice of an intended domestic partnership. On receiving notice of an intended domestic partnership, the Registrar shall enter the particulars contained in the notice and the date of the receipt of the notice in the part of the Domestic Partnerships Register designated by the Registrar for such information. The Registrar shall also keep the notice posted in a conspicuous place in the office of the Registrar-General for a period of not less than fourteen days from the date of the receipt thereof. Further, this clause provides that the Registrar shall also, within five working days of the receipt of the notice of intended domestic partnership, cause a notice in the prescribed form to be published twice in any newspaper or other local media published and circulated in the Islands. Clause 9 provides for the issue of a licence to enter into a domestic partnership. If there is no lawful impediment or no caveat against the issue of a licence, or if a caveat entered has been removed, the Registrar shall, after the posting and publication of the notice of intended domestic partnership, and, at any time not later than three months nor earlier than fourteen days after the receipt of the notice of domestic partnership, on the application of either party to the intended domestic partnership, issue a licence to the applicant for domestic partnership in the prescribed form. Clause 10 provides for the application for and the issue of a special licence by the Deputy Governor. Under this clause, an application for a special licence may be made by a party to the intended domestic partnership to the Deputy Governor and it shall be submitted to the Registrar together with an affidavit which deposes to the following matters \u2014 Domestic Partnership Bill, 2020 Objects and Reasons Introduced (a) the parties are either both eighteen years of age or older; (b) either or both parties are at least sixteen years of age but under eighteen years of age and has or have received consent to enter into a domestic partnership in accordance with the legislation; (c) neither party is currently married, in a domestic partnership or overseas relationship; (d) the parties are not within the prohibited degrees of domestic partnership or, if they are, a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition; and (d) there is no other lawful impediment to the intended domestic partnership. The Deputy Governor may then dispense with the giving of notice of domestic partnership and with the issue of a licence for domestic partnership by the Registrar. Further, the Deputy Governor may grant a special licence in the prescribed form authorising the formalising of the domestic partnership before the Registrar or a domestic partnership officer. Clause 11 provides that a licence or special licence which is issued in respect of an intended domestic partnership becomes void where the intended domestic partnership does not take place within three months after the date of the issue of the licence or special licence. Therefore, the intended domestic partnership shall not be entered into under the authority of that licence or special licence. Clause 12 provides that while a licence or special licence authorises a domestic partnership, it does not oblige a domestic partnership officer to formalise the domestic partnership to which the licence relates. PART 4 \u2013 FORMALISATION OF DOMESTIC PARTNERSHIP Part 4 of the Bill provides for the formalisation of domestic partnerships. Clause 13 provides for the formalisation of domestic partnerships by the Registrar. The Registrar may formalise a domestic partnership if the Registrar is satisfied that \u2014 (a) the domestic partnership is not prohibited by the legislation; (b) the requirements of the legislation have been complied with; and (c) no caveat to the domestic partnership has been lodged or if a caveat has been lodged, it has been withdrawn or removed. Clause 13 also provides for the timeframe within which, the hours between which and the locations at which the formalisation of a domestic partnership shall take place. This clause further provides that during the formalisation, in the presence of the Registrar and at least two credible witnesses, each party shall make a clear statement that \u2014 (a) gives the full name of each party; and (b) acknowledges that they are freely joining in a domestic partnership with each other and know of no lawful impediment to the domestic partnership. Objects and Reasons Domestic Partnership Bill, 2020 Introduced Clause 14 provides for formalisation of domestic partnerships by a domestic partnership officer. On the delivery to a domestic partnership officer of either a valid licence for domestic partnership issued by the Registrar or a valid special licence granted by the Deputy Governor, the domestic partnership officer may formalise a domestic partnership between the parties specified in the licence or special licence. The clause further provides that a domestic partnership shall be formalised in the presence of two or more credible witnesses in addition to the domestic partnership officer. As in the case of a domestic partnership formalised by the Registrar, during the formalisation by a domestic partnership officer, each party to the domestic partnership shall make a clear statement in the presence of the domestic partnership office and at least two credible witnesses that \u2014 (a) gives the full name of each party; and (b) acknowledges that they are freely joining in a domestic partnership with each other and know of no lawful impediment to the domestic partnership. Clause 15 provides for domestic partnership in extremis. This clause provides that if certain conditions are fulfilled, a domestic partnership may be formalised before a domestic partnership officer without giving notice of the intended domestic partnership or, if the notice had been given, without the issue of any licence for domestic partnership, without the grant of a special licence or after the expiration of three months from the date of the issue of a licence or special licence. One of the conditions that must be fulfilled under this clause is that at least one of the parties to the intended domestic partnership must, in the opinion of a medical doctor, be in a dying state but able to understand the effect of entering into the domestic partnership. PART 5 \u2013 CAVEAT Part 5 of the Bill provides for caveats in respect of intended domestic partnerships. Clause 16 provides that where a person knows or claims to know of any lawful grounds why a domestic partnership should not take place, the person may enter a caveat by notice against the issue of a licence by the Registrar. On receipt of a caveat, the Registrar shall record in the Domestic Partnerships Register the particulars contained in the notice and the date of receipt and further, shall refer the caveat to a judge of the Grand Court. Clause 17 provides for the judge\u2019s powers in relation to a caveat in respect of an intended domestic partnership. Among other things, the judge may order the caveat to be removed without requiring any parties to appear if the judge is of the opinion that no legal ground has been disclosed in the caveat preventing the domestic partnership. Alternatively, the judge may confirm the caveat and where this is done, the Registrar shall forthwith inform every domestic partnership officer. Domestic Partnership Bill, 2020 Objects and Reasons Introduced PART 6 \u2013 VOID AND VOIDABLE DOMESTIC PARTNERSHIPS Part 6 of the Bill provides for void and voidable domestic partnerships. Clause 18 provides the grounds on which a domestic partnership is void. The grounds include, among other things, the following \u2014 (a) if it is not formalised by the Registrar, a Deputy Registrar or a domestic partnership officer; (b) if at the time it was entered into either party was at least sixteen years of age but under the age of eighteen years and did not receive the consent required under section 4; (c) if at the time it was entered into either party was under the age of eighteen years; (d) if at the time it was entered into either party was already lawfully married, in a domestic partnership or overseas relationship; or (e) if at the time it was entered into the parties were within the prohibited degrees of domestic partnership, and no order under paragraph 4 of Schedule 1 had been obtained. Clause 19 provides the grounds on which a domestic partnership is voidable. The grounds include, among other things, the following \u2014 (a) that either party to the domestic partnership did not validly consent to it, whether by consequence of duress, mistake, unsoundness of mind or otherwise; (b) that at the time of the domestic 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 domestic partnership; or (c) that the petitioner was unaware that at the time of the domestic partnership the respondent was suffering from a venereal disease in a communicable form. Clause 20 provides that, among other things, save as provided in clause 18, a defect in compliance with the formalities or procedures required under the legislation does not in itself render a domestic partnership void. PART 7 \u2013 REGISTRATION Part 7 of the Bill provides for, among other things, registration of domestic partnerships. Clause 21 provides that the Registrar shall keep at the office of the Registrar-General the Domestic Partnerships Register. In the Domestic Partnerships Register will be recorded all particulars of notices of an intended domestic partnership, all domestic partnerships entered into in the Islands and all domestic partnerships recognised under the legislation. Clause 21 also provides for the procedure to be followed by the Registrar after the formalisation of a domestic partnership by the Registrar or a domestic partnership officer, and further provides certain requirements in respect of domestic partnerships which are formalised in extremis. Objects and Reasons Domestic Partnership Bill, 2020 Introduced Clause 22 provides that, during normal business hours and on payment of the prescribed fee, a person may search the entries in the Domestic Partnerships Register and may obtain true copies certified under the hand and seal of the Registrar of all particulars recorded in any such entry. Clause 23 provides that the Registrar may, for the purpose of completing or rectifying the registration of any domestic partnership, require certain persons to make any written declaration or give information within the person\u2019s knowledge relating to the domestic partnership, and to attend at the office of the Registrar-General for the purpose of making the declaration or giving the information. Clause 23 further provides that if the Registrar thinks fit, the Registrar may require any such declaration or information to be made or given on oath. Clause 24 provides for the making of alterations and amendments to the Domestic Partnerships Register. Where a correction of a clerical error or an error of fact or substance is made, a note to that effect shall be inserted in the Domestic Partnerships Register and shall be signed by the Registrar. 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 upon production to the Registrar by the applicant of a sworn declaration \u2014 (a) in writing setting out the nature of the error and the true facts of the case; and (b) made and signed by \u2014 (i) a person required to make any statement under the provisions of the legislation relating to the domestic partnership to which the application relates; or (ii) by any two credible persons aving knowledge of the truth of the case. PART 8 \u2013 DOMESTIC PARTNERSHIP OFFICERS Part 8 of the Bill provides for domestic partnership officers. Clause 25 provides for the appointment of domestic partnership officers. The Deputy Governor may appoint a person who applies to the Deputy Governor to be appointed as a domestic partnership where the Deputy Governor, after consulting the Registrar, is satisfied that \u2014 (a) the person is of good character; (b) the person is able to, and will, conscientiously perform the duties of a domestic partnership officer under the legislation; and (c) the appointment is in the public interest. The Registrar shall give notice in the Gazette of the name of every person who is appointed as a domestic partnership officer. Domestic Partnership Bill, 2020 Objects and Reasons Introduced Clause 26 provides that a person ceases to be a domestic partnership officer upon resignation or upon cancellation of the person\u2019s appointment by the Deputy Governor. Clause 27 provides for the publication of a list of domestic partnership officers by the Registrar in a conspicuous place in the office of the Registrar-General. This clause further provides that the Registrar may at any time publish in the Gazette a list of the names of persons who have ceased to be domestic partnership officers. PART 9 \u2013 DEPUTY REGISTRARS Part 9 of the Bill provides for Deputy Registrars. Clause 28 provides that the Deputy Governor may appoint a public officer or a domestic partnership officer to be a Deputy Registrar for the purpose of formalising a domestic partnership under this provision. PART 10 \u2013 PROTECTION FOR MARRIAGE OFFICERS Part 10 of the Bill provides for the protection of marriage officers. Clause 29 provides that a person granted a licence as a marriage officer under the Marriage Law (2010 Revision) is not authorised to formalise a domestic partnership unless the person is also appointed as a domestic partnership officer under the legislation. Clause 29 further provides that a marriage officer appointed under the Marriage Law (2010 Revision), cannot be compelled to permit the use of any place of worship under the control of the marriage officer for the formalisation of a domestic partnership. PART 11 \u2013 MARITIME DOMESTIC PARTNERSHIPS Part 11 of the Bill provides for maritime domestic partnerships. Clause 30 provides for the interpretation of certain words used in clauses 31 to 35 of the Bill. Clause 31 provides for domestic partnership officers in respect of maritime domestic partnerships. The Deputy Governor may grant a licence to the master of a Cayman Islands ship to be a domestic partnership officer for the purposes of the legislation. The Registrar shall give notice in the Gazette as soon as practicable after the grant of a licence to the master of a Cayman Islands ship to be a domestic partnership officer. Clause 32 provides for provisional domestic partnership officers in respect of maritime domestic partnerships. 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 domestic partnership officer for the purposes of the legislation. Such a licence shall be granted subject to the condition that the licensee shall formalise a domestic partnership only if the licensee is, at the time scheduled for the formalisation of the domestic partnership, the Objects and Reasons Domestic Partnership Bill, 2020 Introduced master of a Cayman Islands ship; and the licensee shall be deemed to be a domestic partnership officer for that purpose. Clause 33 provides for the register of domestic partnership officers in respect of maritime domestic partnerships. The Registrar shall keep affixed in a conspicuous place in the office of the Registrar-General a list showing the names of all domestic partnership officers licensed under clause 31 and the names of the ships on which they are serving. Clause 34 provides generally for maritime domestic partnerships. This clause provides that subject to the requirements of the legislation relating to notice of domestic partnership and the issue of a licence for domestic partnership, a domestic partnership may be formalised before a domestic partnership officer on the high seas under the authority of a licence for domestic partnership. Clause 34 also provides that a domestic partnership may be formalised before a domestic partnership officer on the high seas without notice of domestic partnership or the issue of any licence for domestic partnership under the authority of a special licence. This clause further provides that domestic partnerships in extremis may be formalised on the high seas by a domestic partnership in accordance with clause 15. Finally, this clause provides that a domestic partnership formalised in the manner provided in the legislation on board Cayman Islands ships on the high seas before a domestic partnership officer shall be as valid in law as if it had been formalised in the Islands. Clause 35 provides that the Registrar shall indicate on any notice published in relation to a maritime domestic partnership that it relates to a maritime domestic partnership. Further, clause 35 provides that the Domestic Partnerships Register shall contain a separate part for the registration of maritime domestic partnerships. PART 12 \u2013 OVERSEAS RELATIONSHIPS TREATED AS DOMESTIC PARTNERSHIPS Part 12 of the Bill provides that overseas relationships shall be treated as domestic partnerships. Clause 36 provides for the meaning of \u201coverseas relationships\u201d. An \u201coverseas relationship\u201d means a relationship \u2014 (a) which is either a specified relationship or a relationship which meets certain general conditions; and (b) which is 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 (that is, the law of the country or territory where the relationship is registered, including  its rules of private international law), by two people neither of whom is already in a domestic partnership or lawfully married, but does not include marriage contracted between parties who are respectively male and female. Domestic Partnership Bill, 2020 Objects and Reasons Introduced Clause 37 provides for specified relationships and general conditions. The clause provides that a specified relationship is one of the relationships listed by reference to the respective overseas jurisdictions listed in Schedule 2. Schedule 2 includes territories such as Australia, Canada, Denmark, Ireland, Jersey, Netherlands, New Zealand and United Kingdom. Clause 37 further provides that the Cabinet may by Order amend Schedule 2 to add an overseas relationship to the list if the Deputy Governor is satisfied that the overseas relationship \u2014 (a) is established or recognised under the law of the country or territory where the relationship is registered, including its rules of private international law; and (b) meets the general conditions. The general conditions are that the relevant law (that is, the law of the country or territory where the relationship is registered, including its rules of private international law) \u2014 (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; (c) provides that the relationship ends only on death or by a judicial or other process 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 parent and child, siblings or half-siblings, or grandparent and grandchild. Clause 38 provides that two people are to be treated as having entered into a domestic partnership as a result of having registered an overseas relationship under the relevant law (that is, the law of the country or territory where the relationship is registered, including its rules of private international law) if, under that law, they had capacity to enter into the relationship and met all requirements necessary to ensure the formal validity of the relationship. Clause 39 provides for a public policy exception to the general rule that overseas relationships will be treated as domestic partnerships. This clause provides that if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both parties to enter into a domestic partnership, the two people are not to be treated as having entered into a domestic partnership as a result of having entered into an overseas relationship. PART 13 \u2013 BREAKDOWN, DISSOLUTION AND FINANCIAL RELIEF Part 13 of the Bill provides for the breakdown and dissolution of a domestic partnership, and financial relief in respect of a broken down or dissolved domestic relationship. Clause 40 provides that the Matrimonial Causes Law (2005 Revision), the Maintenance Law (1996 Revision), rules and regulations made under those Laws shall apply to proceedings brought in respect of the breakdown and dissolution of domestic  partnerships Objects and Reasons Domestic Partnership Bill, 2020 Introduced and related financial relief in such proceedings, as they apply in respect of matrimonial proceedings. PART 14 \u2013 OFFENCES IN CONNECTION WITH DOMESTIC PARTNERSHIPS Part 14 of the Bill provides for offences in connection with domestic partnerships. Clause 41 provides for various offences, including the offences of \u2014 (a) knowingly and wilfully purporting to formalise a domestic partnership without being the Registrar, a Deputy Registrar or a domestic partnership officer; (b) being a party to a domestic partnership, knowing that the domestic partnership is void on any ground and that the other party believes it to be valid; or (c) personating any other person in a domestic partnership or entering into a domestic partnership under a false name or description, with intent to deceive the other party to the domestic partnership. PART 15 \u2013 MISCELLANEOUS Part 15 of the Bill provides for miscellaneous matters. Clause 42 provides that every entry in the Domestic Partnerships Register kept by the Registrar and every true copy of such entry under the hand and seal of the Registrar shall be received in all courts and in all proceedings as evidence of the domestic partnership to which the entry relates. Clause 43 provides that the information contained in any register, book or other document required to be kept by the Registrar under the legislation may be recorded and kept by the Registrar in electronic form or such other form as the Registrar thinks fit. Clause 44 provides that where any party to a domestic partnership is not conversant with the English language, then the statements and declarations required by the legislation to be used in the formalisation of the domestic 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. Clause 45 provides for an annual report by the Registrar, which shall contain a summary of the domestic partnerships registered under the legislation during that year and which shall be published in such form and manner as the Deputy Governor may approve. PART 16 \u2013 CONSEQUENTIAL AND RELATED AMENDMENTS Part 16 of the Bill provides for consequential and related amendments. A review of the Laws of the Islands should be undertaken as consequential amendments will be required in respect of many Laws including the Evidence Law (2019 Revision), the Health Insurance Law (2018 Revision), the Immigration (Transition) Law, 2018, the Maintenance Law (1996 Revision), the Matrimonial Causes Law (2005 Revision), the Domestic Partnership Bill, 2020 Objects and Reasons Introduced Mental Health Law, 2013, the National Pensions Law (2012 Revision) and the Penal Code Law (2019 Revision). Clause 46 provides that certain words and expressions in certain enactments shall be read in as the corresponding word or expression provided in the table in that clause, unless the context otherwise requires, the enactment is specifically amended, or the enactment contains an express provision to the contrary. For example, the word \u201cdivorce\u201d shall be read as \u201cdissolution\u201d and the words \u201chusband and wife\u201d shall be read as \u201cthe parties to a domestic partnership\u201d. PART 17 \u2013 PROVISIONS RELATING TO MARRIAGE Part 17 of the Bill deals with provisions relating to marriage. Clause 47 provides that unless a marriage is saved under clause 48, a marriage is void unless the parties are respectively male and female. Clause 48 saves certain same sex marriages. This clause provides that notwithstanding certain clauses in the legislation, nothing in the legislation prevents the recognition in the Islands of a marriage lawfully entered into and registered in an overseas jurisdiction under the relevant law (that is, the law of the country or territory where the relationship is registered, including  its rules of private international law) before the commencement date by two people of the same sex if \u2014 (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 or older at the time of the marriage. PART 18 \u2013 FINAL PROVISIONS Part 18 of the Bill contains the final provisions. Clause 49 provides for the making of regulations by the Cabinet. Clause 49 also provides that regulations and Orders made under the legislation are subject to the negative resolution procedure. Clause 50 provides that the legislation binds the Crown. Schedule 1 provides for the prohibited degrees of domestic partnerships. Schedule 2 provides for specified relationships. Domestic Partnership Bill, 2020 Arrangement of Clauses Introduced DOMESTIC PARTNERSHIP BILL, 2020 Arrangement of Clauses Clause PART 1 - PRELIMINARY 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"PART 2 - CAPACITY 4. 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"PART 3 - NOTICE AND ISSUE OF LICENCE 7. 8. 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"PART 4 - FORMALISATION OF DOMESTIC PARTNERSHIP 13. 14.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Arrangement of Clauses Domestic Partnership Bill, 2020 Introduced PART 5 - CAVEAT 16.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"PART 6 - VOID AND VOIDABLE DOMESTIC PARTNERSHIPS 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"PART 7-REGISTRATION 21. 22. 23.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"PART 8 - DOMESTIC PARTNERSHIP OFFICERS 25. 26.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"PART 9 - DEPUTY REGISTRARS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"PART 10-PROTECTION FOR MARRIAGE OFFICERS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"PART 11 - MARITIME DOMESTIC PARTNERSHIPS 30. 31. 32. 33. 34.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"PART 12 - OVERSEAS RELATIONSHIPS TREATED AS DOMESTIC PARTNERSHIPS 36. 37. 38.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Domestic Partnership Bill, 2020 Arrangement of Clauses Introduced PART 13 - BREAKDOWN, DISSOLUTION AND FINANCIAL RELIEF\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Application of the Matrimonial Causes Law (2005 Revision) and the Maintenance Law PART 14 - OFFENCES IN CONNECTION WITH DOMESTIC PARTNERSHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"PART 15 - MISCELLANEOUS 42. 43. 44.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"PART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"PART 17 - PROVISIONS RELATING TO MARRIAGE 47.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"PART 18 - FINAL PROVISIONS 49.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"SCHEDULE 1 SCHEDULE 2 Domestic Partnership Bill, 2020 Clause 1 Introduced DOMESTIC PARTNERSHIP BILL, 2020 A BILL FOR A LAW TO PROVIDE FOR DOMESTIC PARTNERSHIPS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Domestic Partnership Law, 2020. (2) This Law comes into operation on such day as Cabinet may appoint by Order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law \u2014 \u201ccommencement date\u201d means the date on which this Law comes into operation; \u201ccredible witness\u201d means a witness eighteen years of age or older who is of sound mind; \u201cDeputy Registrar\u201d means a person appointed under section 28; \u201cdomestic partner\u201d means a party to a domestic partnership; \u201cdomestic partnership\u201d means a domestic partnership formalised and registered in accordance with this Law; Clause 2 Domestic Partnership Bill, 2020 Introduced \u201cdomestic partnership officer\u201d means a person appointed under section 25 or licensed under section 31 or 32; \u201cDomestic Partnerships Register\u201d means the register kept under section 21; \u201clicence\u201d means a licence for domestic partnership (except in relation to a licence for maritime domestic partnership officers in sections 31 to 34); \u201clicence for domestic partnership\u201d means a licence issued by the Registrar under section 9; \u201coverseas relationship\u201d has the meaning assigned in section 36; \u201cprohibited degrees of domestic partnership\u201d has the meaning given in section 6 and Schedule 1; \u201cRegistrar\u201d means the Registrar of Domestic Partnerships who shall be \u2014 (a) the Registrar-General; or (b) such other public officer as may be appointed by the Deputy Governor to carry out the functions of the Registrar in relation to this Law; \u201cspecial licence\u201d means a special licence issued by the Deputy Governor under section 10; and \u201cspecified relationship\u201d has the meaning assigned in section 37. 3. Overview of domestic partnership 3. (1) Two persons may enter into a domestic partnership under this Law if \u2014 (a) either person is sixteen years of age or older but under the age of eighteen and the person\u2019s parent, legal guardian or the court consents to the domestic partnership in accordance with this Law; (b) both persons are over the age of eighteen years; (c) neither person is currently married, in a domestic partnership or overseas relationship; and (d) neither person is within the prohibited degrees of domestic partnership. (2) A domestic partnership may be formalised by the Registrar or, if the Registrar has issued a licence or the Deputy Governor has issued a special licence, by a domestic partnership officer. (3) After a domestic partnership is formalised, a party to the domestic partnership shall register it under section 21. (4) The dissolution of a domestic partnership is governed by the Matrimonial Causes Law (2005 Revision) and the Maintenance Law (1996 Revision) as applied by section 40. (5) This section is subject to the provisions of this Law. Domestic Partnership Bill, 2020 Clause 4 Introduced PART 2 - CAPACITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Age of eligibility and consent 4. (1) Subject to this section, a person who has not reached the age of eighteen years is prohibited from entering into a domestic 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 domestic partnership, either parent or the legal guardian of the person shall have authority to consent to the domestic partnership of the person, and such consent is required by this Law. (3) If the parent or legal guardian whose consent to a domestic partnership is necessary \u2014 (a) is not of sound mind; or (b) is unreasonably withholding consent, either party to the domestic 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 domestic partnership appears to be proper, the judge shall certify to that fact, and 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 domestic partnership is under eighteen years of age, is not a widower or widow, and enters into a domestic partnership under this Law without the consent of the person having authority to consent, the domestic partnership shall be void.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Requirement not to be already married or in domestic partnership 5. (1) A person who is married is prohibited from entering into a domestic partnership. (2) A person who is in a domestic partnership is prohibited from entering into another domestic partnership during the currency of the first-mentioned domestic partnership. (3) A person who is in an overseas relationship is prohibited from entering into a domestic partnership. 6. Prohibited degrees of domestic partnership 6. (1) Two persons who are within the prohibited degrees of domestic partnership, as set out in Schedule 1, are prohibited from entering into a domestic partnership with each other. (2) Subsection (1) is subject to paragraph 4 of Schedule 1. Clause 7 Domestic Partnership Bill, 2020 Introduced PART 3 - NOTICE AND ISSUE OF LICENCE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Notice of domestic partnership and statutory declaration 7. (1) If two persons intend to enter into a domestic partnership, one of them shall appear personally before the Registrar and give notice in the prescribed form of the intended domestic partnership. (2) The person giving notice under subsection (1) shall also make a statutory declaration in the prescribed form before the Registrar declaring that the person believes that \u2014 (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 domestic partnership in accordance with this Law; (b) where applicable, the parties are both eighteen years of age or older; (c) neither party is currently married, in a domestic partnership or overseas relationship; (d) the parties are not within the prohibited degrees of domestic 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 domestic partnership; and (f) the particulars in the notice are true. (3) If both of the parties to an intended domestic partnership are ordinarily resident outside of the Islands the requirements of this section are satisfied if \u2014 (a) one of the parties posts the notice in the prescribed form to the Registrar; and (b) one of the parties, at any time before the licence is issued or, if the Registrar is to formalise the domestic partnership, the domestic partnership is formalised, makes a statutory declaration as to the matters in subsection (2). (4) The person giving notice under this section shall pay the prescribed notice fee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Registration and publication of notice 8. (1) On receiving notice of an intended domestic partnership, the Registrar shall \u2014 (a) enter the particulars contained in the notice and the date of the receipt of the notice in the part of the Domestic Partnerships Register designated by the Registrar for such information; (b) keep the notice posted in a conspicuous place in the office of the RegistrarGeneral for a period of not less than fourteen days from the date of the receipt of the notice; and Domestic Partnership Bill, 2020 Clause 9 Introduced (c) within five working days of the receipt of the notice of intended domestic partnership, cause a notice in the prescribed form to be published twice in any newspaper or other local media published and circulated in the Islands. (2) Any expenses incurred by the Registrar in the publication of such a notice of domestic partnership shall be paid to the Registrar by the person who gave the notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Issue of licence to enter into domestic partnership 9. (1) After the posting and publication of the notice of intended domestic partnership as required by section 8, and, at any time not later than three months nor earlier than fourteen days after the receipt of the notice of domestic partnership, the Registrar on the application of either of the parties to the intended domestic partnership, shall issue to the applicant a licence for domestic partnership in the prescribed form \u2014 (a) if no lawful impediment has been shown to the Registrar\u2019s satisfaction why a licence for domestic partnership should not be issued; and (b) if no caveat has been entered against the issue of a licence or if a caveat so entered has been removed. (2) The Registrar shall not issue a licence for domestic partnership until the expenses of publication of the notice have been paid as required by section 8(2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Special licence 10. (1) Notwithstanding anything in this Law, the Deputy Governor may, in the case of any intended domestic partnership between two persons who are not resident in the Islands \u2014 (a) dispense with the giving of notice of domestic partnership and with the issue of a licence for domestic partnership by the Registrar; and (b) grant a special licence in the prescribed form authorising the formalising of the domestic partnership before the Registrar or a domestic partnership officer. (2) An application for a special licence may be made by a party to the intended domestic partnership to the Deputy 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 Deputy Governor, forward the application under subsection (2) and all other relevant documents to the Deputy Governor together with the Registrar\u2019s recommendation in relation to the application. (4) The Deputy Governor shall not grant a special licence under this section unless \u2014 Clause 11 Domestic Partnership Bill, 2020 Introduced (a) it appears to the Deputy Governor that the intended domestic partnership is not prohibited by this Law; (b) there are special or exceptional circumstances justifying the grant of a special licence; and (c) an affidavit is produced to the Deputy Governor as mentioned in subsection (5). (5) One of the parties to the intended domestic partnership shall make an affidavit deposing to the following matters \u2014 (a) 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; or (b) where applicable, that the parties are both eighteen years of age or over; (c) that neither party is currently married, in a domestic partnership or overseas relationship; and (d) that the parties are not within the prohibited degrees of domestic partnership or, if they are, that a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition; and (e) that there is no other lawful impediment to the intended domestic partnership.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Licence and special licence lapse within three months 11. Subject to the lodging of a caveat under section 16, where an intended domestic partnership does not take place within three months after the date of the issue of any licence or special licence relating to the intended domestic partnership, the licence or special licence shall be void, and the domestic partnership shall not be entered into under the authority of that licence or special licence. 12. Licence authorises but does not oblige 12. A licence or special licence authorises, but does not oblige, a domestic partnership officer to formalise the domestic partnership to which the licence relates. PART 4 - FORMALISATION OF DOMESTIC PARTNERSHIP\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Formalisation by the Registrar 13. (1) The Registrar may formalise a domestic partnership if the Registrar is satisfied \u2014 (a) that the domestic partnership is not prohibited by this Law; (b) that the requirements of this Law have been complied with; and (c) that \u2014 Domestic Partnership Bill, 2020 Clause 13 Introduced (i) no caveat to the domestic 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 domestic partnership shall not take place \u2014 (a) earlier than fourteen days after the date on which notice of intended domestic partnership was given; or (b) more than three months after the date on which notice of the intended domestic 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 domestic partnership shall only be formalised by the Registrar between the hours of \u2014 (a) 9:00 a.m. and 5:00 p.m. on a Monday to Friday; or (b) 9:00 a.m. and 12:00 noon on a Saturday, and shall not be formalised on a public holiday. (4) A domestic partnership may only be formalised by the Registrar \u2014 (a) at the office of the Registrar-General; or (b) at an alternative location approved by the Registrar. (5) During the formalisation, in the presence of the Registrar and at least two credible witnesses each party shall make a clear statement that \u2014 (a) gives the full names of both parties; and (b) acknowledges that they are freely joining in a domestic partnership with each other and know of no lawful impediment to the domestic partnership. (6) Cabinet may \u2014 (a) make regulations prescribing buildings or other places as alternative approved locations for the purposes of subsection (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 Cabinet may direct. (7) The parties to a domestic partnership to be formalised at an alternative approved location shall \u2014 (a) obtain the written permission of the owner or occupier to use that location for the formalisation of their domestic partnership and notify the Registrar accordingly; and (b) comply with any terms and conditions imposed by the owner or occupier. Clause 14 Domestic Partnership Bill, 2020 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Formalisation by domestic partnership officer 14. (1) On the delivery to a domestic partnership officer of either \u2014 (a) a valid licence for domestic partnership issued by the Registrar under section 9; or (b) a valid special licence granted by the Deputy Governor under section 10, the domestic partnership officer may formalise a domestic partnership between the parties specified in the licence or special licence. (2) A domestic partnership shall be formalised in the presence of two or more credible witnesses in addition to the domestic partnership officer. (3) A domestic 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 domestic partnership officer and at least two credible witnesses, each party shall make a clear statement that \u2014 (a) gives the full name of each party; and (b) acknowledges that they are freely joining in a domestic partnership with each other and know of no lawful impediment to the domestic partnership. (5) A domestic partnership officer shall not formalise a domestic partnership if the domestic partnership officer knows or has reason to believe that there is a lawful impediment to the domestic partnership. 15. Domestic partnership in extremis 15. (1) Notwithstanding anything in this Law, if the conditions specified in subsection (2) are fulfilled, it shall be lawful to formalise a domestic partnership before a domestic partnership officer without giving notice of the intended domestic partnership, or, if notice has been given \u2014 (a) without the issue of any licence for domestic partnership; (b) without the grant of a special licence; or (c) after the expiration of three months from the date of the issue of a licence or special licence. (2) The conditions referred to in subsection (1) are as follows \u2014 (a) both parties to the intended domestic partnership are required to be legally competent to enter into the domestic partnership; (b) the domestic partnership shall be formalised in the presence of two or more credible witnesses in addition to the domestic partnership officer, and one of the witnesses must be a medical doctor; (c) each party shall give a clear statement that \u2014 (i) gives the full name of each party; and Domestic Partnership Bill, 2020 Clause 16 Introduced (ii) acknowledges that the parties are freely joining in a domestic partnership with each other and know of no lawful impediment to the domestic partnership; and (d) at least one of the parties to the intended domestic 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 domestic partnership. (3) A domestic partnership formalised under this section shall not operate as a revocation of any will. PART 5 - CAVEAT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Caveat to intended domestic partnership 16. (1) A person who knows or claims to know of any lawful grounds why a domestic partnership should not take place may enter a caveat against the issue of a licence by the Registrar. (2) A person shall enter a caveat by notice in writing signed by that person, stating the person\u2019s full name, residential address, and the grounds of objection on which the person claims the domestic partnership should not take place. (3) A caveat shall be given to the Registrar, and may be given at any time before the issue of the licence to which it relates. (4) On receipt of a caveat, the Registrar shall forthwith \u2014 (a) record in the Domestic 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. 17. Powers of Judge regarding caveat 17. Where a caveat has been referred to a judge, the following provisions shall have effect \u2014 (a) if the judge is of the opinion that no legal ground has been disclosed in the caveat for preventing the domestic 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 domestic partnership and the person by whom the caveat has been entered requiring such person to show cause why the licence for domestic partnership should not be issued; (c) 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 may issue the licence for domestic partnership and the domestic partnership may proceed as if the caveat had Clause 18 Domestic Partnership Bill, 2020 Introduced 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 domestic partnership; and (f) if the caveat is confirmed, the Registrar shall forthwith inform every domestic partnership officer. PART 6 - VOID AND VOIDABLE DOMESTIC PARTNERSHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Grounds on which a domestic partnership is void 18. A domestic partnership shall be void on the following grounds only \u2014 (a) if it is not formalised by the Registrar, a Deputy Registrar or a domestic partnership officer; (b) if at the time it was entered into either party was at least sixteen years of age but under the age of eighteen years and did not receive the consent required under section 4; (c) subject to paragraph (b), if at the time it was entered into, either party was under the age of eighteen years; (d) if at the time it was entered into either party was already married, in a domestic partnership or overseas relationship; (e) if at the time it was entered into the parties were within the prohibited degrees of domestic partnership, and no order under paragraph 4 of Schedule 1 had been obtained; (f) if both parties knowingly and wilfully acquiesced in the formalisation of the domestic partnership under a false name or names; (g) if both parties to the domestic partnership (not being a domestic partnership in extremis) knowingly and wilfully acquiesced in its formalisation without any notice given of the domestic partnership (where such notice is required by this Law) or without the authority of a licence or special licence; or (h) if it is formalised as a domestic partnership in extremis, and both parties knowingly and wilfully acquiesced in its being so formalised without fulfilment of the conditions specified by section 15.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Grounds on which a domestic partnership is voidable 19. (1) A domestic partnership is voidable on the following grounds only \u2014 Domestic Partnership Bill, 2020 Clause 20 Introduced (a) that either party to the domestic partnership did not validly consent to it, whether by consequence of duress, mistake, unsoundness of mind or otherwise; (b) that at the time of the domestic 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 domestic partnership; (c) that the petitioner was unaware that at the time of the domestic 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 domestic partnership the respondent was pregnant by some person other than the petitioner. (2) In subsection (1)(c) and (d), \u201cpetitioner\u201d and \u201crespondent\u201d mean the parties to an application under the Matrimonial Causes Law (2005 Revision) as applied by section 40. 20. Effect of defect in formalities or procedures 20. (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 domestic partnership void. (2) Notwithstanding subsection (1), nothing in this section exempts the Registrar, a Deputy Registrar or a domestic partnership officer who does anything contrary to the provisions of this Law from any penalty for an offence under this Law. PART 7-REGISTRATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Registration of domestic partnerships 21. (1) The Registrar shall keep at the office of the Registrar-General the Domestic Partnerships Register in which shall be recorded \u2014 (a) all particulars of notices of an intended domestic partnership required under section 8; (b) all domestic partnerships entered into in the Islands; and (c) all domestic partnerships recognised under this Law. (2) Immediately after a domestic partnership has been formalised by the Registrar, the Registrar shall enter a statement of the domestic partnership in the prescribed form in the Domestic Partnerships Register, which shall be signed by \u2014 (a) the Registrar; (b) the parties to the domestic partnership; and Clause 22 Domestic Partnership Bill, 2020 Introduced (c) two credible witnesses to the domestic partnership, and the Registrar shall give a copy of the statement to the parties to the domestic partnership. (3) Immediately after a domestic partnership has been formalised by a domestic partnership officer, the domestic partnership officer shall prepare a statement of the domestic partnership in the prescribed form, which statement shall be signed by \u2014 (a) the domestic partnership officer; (b) the parties to the domestic partnership; and (c) two credible witnesses to the domestic partnership, and given to the parties to the domestic partnership. (4) The domestic partnership officer shall, as soon as practicable, transmit to the Registrar a duplicate of the statement prepared under subsection (3) similarly signed, and the duplicate statement 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 Domestic Partnerships Register. (5) In the case of a domestic partnership formalised in extremis under section 15 \u2014 (a) the requirement as to the signing of the statement by the parties to the domestic partnership shall be waived so far as regards any party unable to sign; (b) there shall be endorsed on the statement a certificate in the prescribed form signed by \u2014 (i) the Registrar or the domestic partnership officer who formalised the domestic partnership; (ii) any party to the domestic partnership able to sign; and (iii) two credible witnesses to the domestic partnership, one of whom shall be the medical doctor referred to in section 15; and (c) the Registrar shall insert the words \u201cin extremis\u201d in the entry to be made in the Domestic Partnerships Register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Any person may search register and obtain copies of particulars 22. Any person may, during normal business hours and on payment of the prescribed fee, search the entries in the Domestic Partnerships Register and may have true copies certified under the hand and seal of the Registrar of all particulars recorded in any such entry.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Registrar may require information 23. (1) The Registrar may, for the purpose of completing or rectifying the registration of any domestic partnership, require any person \u2014 Domestic Partnership Bill, 2020 Clause 24 Introduced (a) who is required by this Law to give any notice or statement relating to the domestic partnership; or (b) who may reasonably be expected to have knowledge of the true facts relating to the domestic partnership, to make any written declaration or to give any information within the person\u2019s knowledge relating to the domestic 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. 24. Alterations and amendments to the register 24. (1) No alteration in the Domestic 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 Domestic 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 Domestic Partnership Register and shall be signed by the Registrar. (3) Any error of fact or substance in the Domestic Partnership 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 Domestic Partnership Register (without any alteration in the original entry) and a note to that effect shall be inserted in the Domestic Partnership 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 \u2014 (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 domestic partnership to which the application relates, or by any two credible persons having knowledge of the truth of the case. Clause 25 Domestic Partnership Bill, 2020 Introduced PART 8 - DOMESTIC PARTNERSHIP OFFICERS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Appointment of domestic partnership officers 25. (1) A person may apply in writing to the Deputy Governor to be appointed as a domestic 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 domestic partnership officer if the Deputy Governor, after consulting the Registrar, is satisfied \u2014 (a) that the person is of good character; (b) that the person is able to, and will, conscientiously perform the duties of a domestic partnership officer under this Law; and (c) that the appointment is in the public interest. (3) The Registrar shall give notice in the Gazette of the name of every person who is appointed as a domestic partnership officer. (4) A person named in a notice given under subsection (3) is entitled to act as a domestic partnership officer on and from the date specified in the notice until the person\u2019s appointment ceases under section 26.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Ceasing to be a domestic partnership officer 26. (1) A person ceases to be a domestic partnership officer \u2014 (a) in the case of a person who resigns, on the date on which the Registrar receives the person\u2019s 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\u2019s appointment as a domestic 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 25(2). (3) The Deputy Governor shall not cancel a person\u2019s appointment as a domestic partnership officer without first \u2014 (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 (c) 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\u2019s decision to cancel the person\u2019s appointment as a domestic partnership officer, and also of any decision not to proceed with a proposed cancellation. Domestic Partnership Bill, 2020 Clause 27 Introduced (5) If a person\u2019s appointment as a domestic 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. 27. Publication of list of domestic partnership officers 27. (1) The Registrar shall keep affixed in a conspicuous place in the office of the Registrar-General a list showing the names of all domestic partnership officers appointed under section 25. (2) The Registrar shall, at least once every year, publish a list in the Gazette of the names of all current domestic partnership officers, and this list may be combined with any notice given under section 25(3). (3) The Registrar may at any time publish in the Gazette a list of the names of persons who have ceased to be domestic partnership officers since the latest list under this section was published. PART 9 - DEPUTY REGISTRARS 28. Deputy Registrars 28. (1) The Deputy Governor may appoint a public officer or a domestic partnership officer to be a Deputy Registrar for the purpose of formalising a domestic partnership under section 13. (2) A Deputy Registrar shall be appointed on such terms and conditions as the Deputy Governor may determine and shall act in accordance with the directions of the Registrar. (3) A person who ceases to be a domestic partnership officer under section 26 shall at the same time cease to be a Deputy Registrar. PART 10-PROTECTION FOR MARRIAGE OFFICERS 29. Provision in respect of marriage officers 29. (1) A person granted a licence as a marriage officer under the Marriage Law (2010 Revision) is not authorised to formalise a domestic partnership unless the person is also appointed as a domestic 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 domestic partnership. Clause 30 Domestic Partnership Bill, 2020 Introduced PART 11 - MARITIME DOMESTIC PARTNERSHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Maritime domestic partnerships: interpretation 30. In sections 31 to 35 \u2014 \u201cCayman Islands ship\u201d has the meaning given in section 2 of the Merchant Shipping Law (2016 Revision); \u201chigh seas\u201d means all parts of the sea that are not included in the territorial sea or the internal waters of a state or territory; \u201cmaster\u201d includes every person (except a pilot) having command or charge of any ship; and \u201cRegistrar of Shipping\u201d means the Registrar of Shipping appointed under section 10 of the Maritime Authority Law (2013 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Maritime domestic partnerships: domestic partnership officers 31. (1) The Deputy Governor may grant a licence to the master of a Cayman Islands ship to be a domestic 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 domestic partnership officer shall be made in writing to the Deputy Governor and shall state the full name of the applicant, the applicant\u2019s 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\u2019s qualifications to be a master of a Cayman Islands ship and a letter of the applicant\u2019s 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 Deputy Governor\u2019srecommendation 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 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. Domestic Partnership Bill, 2020 Clause 32 Introduced (9) A domestic partnership officer may, at any time by notice in writing to the Deputy Governor, surrender his or hericence. (10) The Registrar shall give notice in the Gazette of every revocation of a licence under subsection (8) or surrender of a licence under subsection (9).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Maritime domestic partnerships: provisional domestic partnership officers 32. (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 domestic 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 31(2) to (4). (3) Section 31(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 domestic partnership only if the licensee is, at the time scheduled for the formalisation of the domestic partnership, the master of a Cayman Islands ship; and the licensee shall be deemed to be a domestic partnership officer for that purpose.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Maritime domestic partnerships: register of domestic partnership officers 33. The Registrar shall keep affixed in a conspicuous place in the office of the RegistrarGeneral a list showing the names of all domestic partnership officers licensed under section 31 and the names of the Cayman Islands ships on which they are serving.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Maritime domestic partnerships: general provisions 34. (1) Subject to the requirements of this Law relating to notice of domestic partnership and the issue of a licence for domestic partnership, a domestic partnership may be formalised before a domestic partnership officer on the high seas under the authority of a licence for domestic partnership. (2) A domestic partnership may be formalised before a domestic partnership officer on the high seas without notice of domestic partnership or the issue of any licence for domestic partnership under the authority of a special licence. (3) A domestic partnership in extremis may be formalised on the high seas by a domestic partnership officer in accordance with section 15. (4) A domestic partnership formalised in the manner provided in this Law on board Cayman Islands ships on the high seas before a domestic partnership officer shall be as valid in law as if it had been formalised in the Islands. Clause 35 Domestic Partnership Bill, 2020 Introduced (5) In this section, \u201cdomestic partnership officer\u201d means one granted a licence under section 31 or 32. 35. Maritime domestic partnerships: notices and register 35. (1) The Registrar shall indicate on any notice published in relation to a maritime domestic partnership that it relates to a maritime domestic partnership. (2) The Domestic Partnerships Register shall contain a separate part for the registration of maritime domestic partnerships. PART 12 - OVERSEAS RELATIONSHIPS TREATED AS DOMESTIC PARTNERSHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Meaning of \u201coverseas relationships\u201d 36. (1) For the purposes of this Law, \u201coverseas relationship\u201d means a relationship which is \u2014 (a) either a specified relationship or a relationship which meets the general conditions in section 37(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 domestic partnership or lawfully married, but does not include marriage contracted between parties who are respectively male and female. (2) In this section and sections 37 to 39, \u201crelevant law\u201d means the law of the country or territory where the relationship is registered, including its rules of private international law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Specified relationships and the general conditions 37. (1) \u201cSpecified relationship\u201d means one of the relationships listed by reference to the respective overseas jurisdictions listed in Schedule 2. (2) The Cabinet 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 Cabinet is satisfied that the overseas relationship is established or recognised under the relevant law and the relevant law meets the general conditions. (4) The \u201cgeneral conditions\u201d referred to in subsection (3) are that the relevant law \u2014 Domestic Partnership Bill, 2020 Clause 38 Introduced (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; (c) provides that the relationship ends only \u2014 (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 \u2014 (i) parent and child (including an adopted child); (ii) siblings or half-siblings; or (iii) grandparent and grandchild.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Overseas relationships treated as domestic partnerships 38. (1) Two persons are to be treated as having entered into a domestic partnership as a result of having registered an overseas relationship under the relevant law if, under that law, they \u2014 (a) had capacity to enter into the relationship; and (b) met all requirements necessary to ensure the formal validity of the relationship. (2) Subject to subsection (3), the date on which the parties are to be treated as having entered into the domestic partnership is \u2014 (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 domestic partnership \u2014 (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 domestic partnership at the time of the dissolution or the annulment. Clause 39 Domestic Partnership Bill, 2020 Introduced (5) Cabinet may by regulations make such further provision as it considers necessary with respect to the treating of overseas relationships as domestic partnerships in the Islands. 39. Public policy exception 39. Two persons are not to be treated as having entered into a domestic 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 40. Application of the Matrimonial Causes Law (2005 Revision) and the Maintenance Law (1996 Revision) 40. The Matrimonial Causes Law (2005 Revision), the Maintenance Law (1996 Revision) and the rules and regulations made under those Laws shall apply to proceedings brought in respect of the breakdown and dissolution of domestic partnerships and related financial relief in such proceedings, as they apply in respect of matrimonial proceedings. PART 14 - OFFENCES IN CONNECTION WITH DOMESTIC PARTNERSHIPS 41. Offences 41. (1) A person commits an offence if the person \u2014 (a) knowingly and wilfully purports to formalise a domestic partnership without being the Registrar, a Deputy Registrar or a domestic partnership officer; (b) being the Registrar, a Deputy Registrar or a domestic partnership officer, formalises a domestic partnership \u2014 (i) knowing that the domestic partnership is void on any ground; or (ii) knowing that it is an irregular domestic partnership; or (iii) accepts or publishes a notice, or issues a licence, in respect of any intended domestic partnership knowing that the domestic partnership would be void or irregular; (c) is a party to a domestic partnership, knowing that the domestic partnership is void on any ground and that the other party believes it to be valid; Domestic Partnership Bill, 2020 Clause 41 Introduced (d) personates any other person in a domestic partnership or enters into a domestic partnership under a false name or description, with intent to deceive the other party to the domestic 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 domestic 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 \u2014 (a) is a party to a domestic partnership knowing that it is void on any ground or knowing that it is an irregular domestic partnership; (b) enters into a domestic partnership under a false name or description; or (c) 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 domestic partnership by pretending that there is any legal impediment to the domestic 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) Any domestic partnership officer who, without reasonable cause or excuse, fails within seven days after the formalisation of any domestic partnership to transmit to the Registrar a duplicate statement 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, \u201cirregular domestic partnership\u201d means a domestic partnership (other than a void domestic partnership or a domestic partnership in extremis) formalised \u2014 (a) without any notice given of the domestic partnership as required by this Law; (b) without the authority \u2014 (i) of a domestic partnership licence issued by the Registrar under by section 9; or Clause 42 Domestic Partnership Bill, 2020 Introduced (ii) of a special licence granted by the Deputy Governor under section 10; (c) after the expiration of three months from the date of the issue of a domestic partnership licence or from the date of the grant of a special licence; or (d) before the removal of a caveat entered against the issue of a licence. (6) A prosecution under this section shall not be instituted without the written consent of the Director of Public Prosecutions. PART 15 - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Evidence of domestic partnership by means of Register 42. Every entry in the Domestic Partnerships Register kept by the Registrar under this Law, 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 domestic partnership to which the entry relates.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Information may be recorded in electronic form 43. 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Use of foreign language 44. Where any party to a domestic 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 domestic 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. 45. Annual report 45. 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 domestic partnerships registered under this Law during that year. Domestic Partnership Bill, 2020 Clause 46 Introduced PART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS 46. Application by reference of enactments relating to marriage etc. 46. (1) In any enactment, whether passed before or after the commencement date, the words and expressions listed in the first column of the table shall, in the case of a person in a domestic partnership, in each place be read as the corresponding word or expression in the second column unless \u2014 (a) the context otherwise requires; (b) the enactment is specifically amended; or (c) the enactment contains an express provision to the contrary \u2014 conjugal pertaining to domestic partnership dissolution (of marriage) dissolution (of domestic partnership) divorce dissolution divorced former domestic partner where domestic partnership dissolved former spouse former domestic partner where domestic partnership dissolved or annulled husband domestic partner husband and wife the parties to a domestic partnership marital pertaining to domestic partnership marriage domestic partnership married party to a domestic partnership marry enter into a domestic partnership matrimonial domestic partnership Clause 47 Domestic Partnership Bill, 2020 Introduced conjugal pertaining to domestic partnership next of kin includes domestic partner relative includes domestic partner remarriage entering into a subsequent domestic partnership or marriage remarry entering into a subsequent domestic partnership or marriage separated (of spouses) separated (of domestic partners) spouse domestic partner widow or widower surviving domestic partner. PART 17 - PROVISIONS RELATING TO MARRIAGE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Clarification of the law of marriage 47. Unless a marriage falls within section 48, a marriage is void unless the parties are respectively male and female. 48. Saving for certain same sex marriages 48.  (1) Notwithstanding sections 38 and 47, 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 \u2014 (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 each party\u2019s domicile, provided that both parties were eighteen years or older at the time of the marriage. (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. Domestic Partnership Bill, 2020 Clause 49 Introduced (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). (4) In this section \u201crelevant law\u201d means the law of the country or territory where the relationship is registered, including its rules of private international law. PART 18 - FINAL PROVISIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Regulations and orders 49. (1) Cabinet may make regulations for the purpose of prescribing forms, fees and generally for the purpose of giving effect to this Law. (2) Regulations and Orders made under this Law are subject to the negative resolution procedure. 50. Law binding on Crown 50. This Law binds the Crown. Domestic Partnership Bill, 2020 SCHEDULE 1 Introduced SCHEDULE 1 (Section 6) PROHIBITED DEGREES OF DOMESTIC PARTNERSHIP 1. A person may not enter into a domestic partnership with the person\u2019s \u2014 (a) grandparent; parent; child; grandchild; sibling; (b) parent\u2019s sibling; sibling\u2019s child; (c) grandparent\u2019s former spouse or domestic partner; parent\u2019s former spouse or domestic partner; spouse\u2019s or domestic partner\u2019s grandparent; spouse\u2019s or domestic partner\u2019s parent; (d) spouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s grandchild; child\u2019s former spouse or domestic partner; (e) grandchild\u2019s former spouse or domestic partner. (f) grandparent; parent; child; grandchild; sibling; (g) parent\u2019s sibling; sibling\u2019s child; (h) grandparent\u2019s former spouse or domestic partner; parent\u2019s former spouse or domestic partner; spouse\u2019s or domestic partner\u2019s grandparent; spouse\u2019s or domestic partner\u2019s parent; (i) spouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s grandchild; child\u2019s former spouse or domestic partner; (j) grandchild\u2019s former spouse or domestic partner. (k) grandparent; parent; child; grandchild; sibling; (l) parent\u2019s sibling; sibling\u2019s child; (m) grandparent\u2019s former spouse or domestic partner; parent\u2019s former spouse or domestic partner; spouse\u2019s or domestic partner\u2019s grandparent; spouse\u2019s or domestic partner\u2019s parent; (n) spouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s grandchild; child\u2019s former spouse or domestic partner; (o) grandchild\u2019s former spouse or domestic partner. 2. The prohibited degrees of domestic partnership apply whether the relationships described in paragraph 1 are by the whole blood or by the half blood. SCHEDULE 2 Domestic Partnership Bill, 2020 Introduced 3. In this Schedule, \u201cspouse\u201d and \u201cdomestic partner\u201d include a former spouse or former domestic partner, whether alive or deceased, and whether the marriage or domestic partnership was terminated by death, dissolution, or otherwise. 4. (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. 5. Cabinet may, by Order, amend this Schedule and make such transitional or further provision as it considers necessary in consequence. SCHEDULE 2 (Section 37) SPECIFIED RELATIONSHIPS List of specified relationships for purposes of section 37 Country or territory Description Andorra uni\u00f3n estable de parella or partnership domestic Argentina marriage Argentina: Autonomous City of Buenos Aires uni\u00f3n domestic Australia: Australian Capital Territory civil partnership Australia: New South Wales registered relationship registered Australia: Queensland civil partnership Australia: Tasmania significant relationship Australia: Victoria registered domestic relationship Austria eingetragene Partnerschaft Belgium cohabitation l\u00e9gale, wettelijke samenwoning or gesetzliches zusammenwohnen Belgium marriage Brazil marriage Brazil uni\u00e3o est\u00e1vel or casamento civil homoafetivo Canada marriage Canada: Manitoba common-law relationship or union de fait Domestic Partnership Bill, 2020 SCHEDULE 2 Introduced Country or territory Description Canada: Nova Scotia domestic partnership Canada: Quebec union civile or civil union Colombia uni\u00f3n marital de hecho Czech Republic registrovan\u00e9 partnertsv\u00ed Denmark marriage Denmark registreret partnerskab Ecuador uni\u00f3n civil Finland rekister\u00f6ity parisuhde or registrerad partnerskap France pacte civil de solidarit\u00e9 Germany gleichgeschlechtliche Ehe Germany eingetragene lebenspartnerschaft Gibraltar civil partnership Greenland nalunaarsukkamik inooqatigiinneq or registreret partnerskab Hungary bejegyzett \u00e9lett\u00e1rsi kapcsolat Iceland marriage Iceland sta\u00f0festa samvist Ireland marriage Ireland civil partnership Isle of Man civil partnership Jersey civil partnership Liechtenstein eingetragene partnerschaft Luxembourg partenariat l\u00e9gal or eingetragene partnerschaft Malta \u017bwie\u0121 bejn l-istess sess Malta unjoni \u010bivili Mexico: Coahuila pacto civil de solidaridad Mexico: Mexico City Federal District marriage Mexico: Mexico City Federal District sociedad de convivencia Netherlands geregistreerd partnerschap Netherlands marriage New Zealand civil union Norway marriage Norway registrert partnerskap Portugal marriage or uni\u00e3o de facto Slovenia zakon o registraciji istospolne partnerske partnerske skupnosti South Africa marriage South Africa civil partnership Spain marriage or pareja de hecho SCHEDULE 2 Domestic Partnership Bill, 2020 Introduced Country or territory Description Sweden marriage Switzerland eingetragene partnerschaft, partenariat enregistr\u00e9 or partnershipe domestica registrata United Kingdom: England & Wales marriage marriage United Kingdom: England & Wales civil partnership United Kingdom: Northern Ireland civil partnership United Kingdom: Scotland marriage United Kingdom: Scotland civil partnership United States of America (including the unincorporated territories of Guam, the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands) marriage United States of America: California domestic partnership United States of America: Colorado the relationship between designated beneficiaries United States of America: Connecticut civil union United States of America: Delaware civil union United States of America: Hawaii civil union United States of America: Hawaii reciprocal beneficiary relationship United States of America: Illinois civil union United States of America: Maine domestic partnership United States of America: Nevada domestic partnership United States of America: New Jersey civil union Passed by the Legislative Assembly the day of , 2020. Speaker Clerk of the Legislative Assembly\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2020_01_01\", \"date\": \"2020-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2020_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2020_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/32\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/32\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2020-0032\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"32 of 2020\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/32\/eng@2020-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Youth Justice (Amendment) Law, 2020 (Law 32 of 2020)\", \"actNumber\": \"32 of 2020\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nDOMESTIC PARTNERSHIP BILL, 2020\nSupplement No. 1 published with Legislation Gazette No. 47 dated 26th June, 2020.\nA BILL FOR A LAW TO PROVIDE FOR DOMESTIC PARTNERSHIPS; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA)\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill provides for domestic partnerships, and for incidental and connected purposes.\n\nPART 1 - PRELIMINARY\nPart 1 of the Bill contains the preliminary provisions.\nClause 1 provides the short title and commencement of the legislation.\nClause 2 provides the interpretation of certain words used in the legislation.\nClause 3 provides for an overview of domestic partnership, including the conditions which\nmust be satisfied for two people to enter into a domestic partnership under the legislation.\nClause 3 also provides that a domestic partnership may be formalised by the Registrar, or\nin some instances, by a domestic partnership officer. Further, the clause provides for the\nregistration of a domestic partnership after the domestic partnership is finalised.\n\nPART 2 \u2013 CAPACITY\nPart 2 of the Bill provides for the capacity to enter into a domestic partnership.\nClause 4 provides for the age of eligibility and consent. A person who has not reached the\nage of eighteen years is prohibited from entering into a domestic partnership. However\nwhere a person is under the age of eighteen years but is sixteen years of age or older, is not\na widower or widow, and the person intends to enter into a domestic partnership, either\nparent or the legal guardian of the person shall have authority to consent to the domestic\npartnership of the person, and such consent is required by the legislation.\nClause 5 provides that a person who is either married, already in a domestic partnership or\nin an overseas relationship is prohibited from entering into a domestic partnership.\nClause 6 provides for the prohibited degrees of a domestic partnership. Two people who\nare within the prohibited degrees of domestic partnership are prohibited from entering into\na domestic partnership with each other. The prohibited degrees are set out in Schedule 1\nand provide that a person may not enter into a domestic partnership with certain specified\nrelatives or family members. This clause further provides however that two people who are\nwithin the prohibited degrees of affinity, but who are not within the prohibited degrees of\nconsanguinity, may apply to the Grand Court for an order which dispenses with the\nprohibition.\n\nObjects and Reasons\nDomestic Partnership Bill, 2020\n\nPage 4\n Introduced\nc\n\nPART 3 \u2013 NOTICE AND ISSUE OF LICENCE\nPart 3 of the Bill provides for notice of domestic partnership and the issue of licences in\nrespect of domestic partnerships.\nClause 7 provides for the giving of a notice in the prescribed form to the Registrar by a\nperson intending to enter into a domestic partnership with another person. The person\ngiving notice shall also make a statutory declaration in the prescribed form before the\nRegistrar declaring that the person believes that \u2014\n(a) the parties are both eighteen years of age or older;\n(b) either or both parties are at least sixteen years of age but under eighteen years of age\nand has or have received consent to enter into a domestic partnership in accordance\nwith the legislation;\n(c) neither party is currently married, in a domestic partnership or overseas relationship;\n(d) the parties are not within the prohibited degrees of domestic partnership or, if they\nare, a court order has been made under paragraph 4 of Schedule 1 dispensing with the\nprohibition;\n(e) there is no other lawful impediment to the intended domestic partnership; and\n(f)\nthe particulars in the notice are true.\nClause 8 provides for the registration and publication of a notice of an intended domestic\npartnership. On receiving notice of an intended domestic partnership, the Registrar shall\nenter the particulars contained in the notice and the date of the receipt of the notice in the\npart of the Domestic Partnerships Register designated by the Registrar for such\ninformation. The Registrar shall also keep the notice posted in a conspicuous place in the\noffice of the Registrar-General for a period of not less than fourteen days from the date of\nthe receipt thereof. Further, this clause provides that the Registrar shall also, within five\nworking days of the receipt of the notice of intended domestic partnership, cause a notice\nin the prescribed form to be published twice in any newspaper or other local media\npublished and circulated in the Islands.\nClause 9 provides for the issue of a licence to enter into a domestic partnership. If there is\nno lawful impediment or no caveat against the issue of a licence, or if a caveat entered has\nbeen removed, the Registrar shall, after the posting and publication of the notice of\nintended domestic partnership, and, at any time not later than three months nor earlier than\nfourteen days after the receipt of the notice of domestic partnership, on the application of\neither party to the intended domestic partnership, issue a licence to the applicant for\ndomestic partnership in the prescribed form.\nClause 10 provides for the application for and the issue of a special licence by the Deputy\nGovernor. Under this clause, an application for a special licence may be made by a party\nto the intended domestic partnership to the Deputy Governor and it shall be submitted to\nthe Registrar together with an affidavit which deposes to the following matters \u2014\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\n(a) the parties are either both eighteen years of age or older;\n(b) either or both parties are at least sixteen years of age but under eighteen years of age\nand has or have received consent to enter into a domestic partnership in accordance\nwith the legislation;\n(c) neither party is currently married, in a domestic partnership or overseas relationship;\n(d) the parties are not within the prohibited degrees of domestic partnership or, if they\nare, a court order has been made under paragraph 4 of Schedule 1 dispensing with the\nprohibition; and\n(d) there is no other lawful impediment to the intended domestic partnership.\nThe Deputy Governor may then dispense with the giving of notice of domestic partnership\nand with the issue of a licence for domestic partnership by the Registrar. Further, the\nDeputy Governor may grant a special licence in the prescribed form authorising the\nformalising of the domestic partnership before the Registrar or a domestic partnership\nofficer.\nClause 11 provides that a licence or special licence which is issued in respect of an intended\ndomestic partnership becomes void where the intended domestic partnership does not take\nplace within three months after the date of the issue of the licence or special licence.\nTherefore, the intended domestic partnership shall not be entered into under the authority\nof that licence or special licence.\nClause 12 provides that while a licence or special licence authorises a domestic partnership,\nit does not oblige a domestic partnership officer to formalise the domestic partnership to\nwhich the licence relates.\n\nPART 4 \u2013 FORMALISATION OF DOMESTIC PARTNERSHIP\nPart 4 of the Bill provides for the formalisation of domestic partnerships.\nClause 13 provides for the formalisation of domestic partnerships by the Registrar. The\nRegistrar may formalise a domestic partnership if the Registrar is satisfied that \u2014\n(a) the domestic partnership is not prohibited by the legislation;\n(b) the requirements of the legislation have been complied with; and\n(c) no caveat to the domestic partnership has been lodged or if a caveat has been lodged,\nit has been withdrawn or removed.\nClause 13 also provides for the timeframe within which, the hours between which and the\nlocations at which the formalisation of a domestic partnership shall take place.\nThis clause further provides that during the formalisation, in the presence of the Registrar\nand at least two credible witnesses, each party shall make a clear statement that \u2014\n(a) gives the full name of each party; and\n(b) acknowledges that they are freely joining in a domestic partnership with each other\nand know of no lawful impediment to the domestic partnership.\n\nObjects and Reasons\nDomestic Partnership Bill, 2020\n\nPage 6\n Introduced\nc\n\nClause 14 provides for formalisation of domestic partnerships by a domestic partnership\nofficer. On the delivery to a domestic partnership officer of either a valid licence for\ndomestic partnership issued by the Registrar or a valid special licence granted by the\nDeputy Governor, the domestic partnership officer may formalise a domestic partnership\nbetween the parties specified in the licence or special licence. The clause further provides\nthat a domestic partnership shall be formalised in the presence of two or more credible\nwitnesses in addition to the domestic partnership officer.\nAs in the case of a domestic partnership formalised by the Registrar, during the\nformalisation by a domestic partnership officer, each party to the domestic partnership shall\nmake a clear statement in the presence of the domestic partnership office and at least two\ncredible witnesses that \u2014\n(a) gives the full name of each party; and\n(b) acknowledges that they are freely joining in a domestic partnership with each other\nand know of no lawful impediment to the domestic partnership.\nClause 15 provides for domestic partnership in extremis. This clause provides that if certain\nconditions are fulfilled, a domestic partnership may be formalised before a domestic\npartnership officer without giving notice of the intended domestic partnership or, if the\nnotice had been given, without the issue of any licence for domestic partnership, without\nthe grant of a special licence or after the expiration of three months from the date of the\nissue of a licence or special licence.\nOne of the conditions that must be fulfilled under this clause is that at least one of the\nparties to the intended domestic partnership must, in the opinion of a medical doctor, be in\na dying state but able to understand the effect of entering into the domestic partnership.\n\nPART 5 \u2013 CAVEAT\nPart 5 of the Bill provides for caveats in respect of intended domestic partnerships.\nClause 16 provides that where a person knows or claims to know of any lawful grounds\nwhy a domestic partnership should not take place, the person may enter a caveat by notice\nagainst the issue of a licence by the Registrar.\nOn receipt of a caveat, the Registrar shall record in the Domestic Partnerships Register the\nparticulars contained in the notice and the date of receipt and further, shall refer the caveat\nto a judge of the Grand Court.\nClause 17 provides for the judge\u2019s powers in relation to a caveat in respect of an intended\ndomestic partnership. Among other things, the judge may order the caveat to be removed\nwithout requiring any parties to appear if the judge is of the opinion that no legal ground\nhas been disclosed in the caveat preventing the domestic partnership. Alternatively, the\njudge may confirm the caveat and where this is done, the Registrar shall forthwith inform\nevery domestic partnership officer.\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 7\n\nPART 6 \u2013 VOID AND VOIDABLE DOMESTIC PARTNERSHIPS\nPart 6 of the Bill provides for void and voidable domestic partnerships.\nClause 18 provides the grounds on which a domestic partnership is void. The grounds\ninclude, among other things, the following \u2014\n(a) if it is not formalised by the Registrar, a Deputy Registrar or a domestic partnership\nofficer;\n(b) if at the time it was entered into either party was at least sixteen years of age but under\nthe age of eighteen years and did not receive the consent required under section 4;\n(c) if at the time it was entered into either party was under the age of eighteen years;\n(d) if at the time it was entered into either party was already lawfully married, in a\ndomestic partnership or overseas relationship; or\n(e) if at the time it was entered into the parties were within the prohibited degrees of\ndomestic partnership, and no order under paragraph 4 of Schedule 1 had been\nobtained.\nClause 19 provides the grounds on which a domestic partnership is voidable. The grounds\ninclude, among other things, the following \u2014\n(a) that either party to the domestic partnership did not validly consent to it, whether by\nconsequence of duress, mistake, unsoundness of mind or otherwise;\n(b) that at the time of the domestic partnership either party, though capable of giving a\nvalid consent, was suffering (whether continuously or intermittently) from mental\nimpairment or serious mental illness within the meaning of the Mental Health Law,\n2013 of such a kind or to such an extent as to be unfit for domestic partnership; or\n(c) that the petitioner was unaware that at the time of the domestic partnership the\nrespondent was suffering from a venereal disease in a communicable form.\nClause 20 provides that, among other things, save as provided in clause 18, a defect in\ncompliance with the formalities or procedures required under the legislation does not in\nitself render a domestic partnership void.\n\nPART 7 \u2013 REGISTRATION\nPart 7 of the Bill provides for, among other things, registration of domestic partnerships.\nClause 21 provides that the Registrar shall keep at the office of the Registrar-General the\nDomestic Partnerships Register. In the Domestic Partnerships Register will be recorded all\nparticulars of notices of an intended domestic partnership, all domestic partnerships entered\ninto in the Islands and all domestic partnerships recognised under the legislation.\nClause 21 also provides for the procedure to be followed by the Registrar after the\nformalisation of a domestic partnership by the Registrar or a domestic partnership officer,\nand further provides certain requirements in respect of domestic partnerships which are\nformalised in extremis.\n\nObjects and Reasons\nDomestic Partnership Bill, 2020\n\nPage 8\n Introduced\nc\n\nClause 22 provides that, during normal business hours and on payment of the prescribed\nfee, a person may search the entries in the Domestic Partnerships Register and may obtain\ntrue copies certified under the hand and seal of the Registrar of all particulars recorded in\nany such entry.\nClause 23 provides that the Registrar may, for the purpose of completing or rectifying the\nregistration of any domestic partnership, require certain persons to make any written\ndeclaration or give information within the person\u2019s knowledge relating to the domestic\npartnership, and to attend at the office of the Registrar-General for the purpose of making\nthe declaration or giving the information. Clause 23 further provides that if the Registrar\nthinks fit, the Registrar may require any such declaration or information to be made or\ngiven on oath.\nClause 24 provides for the making of alterations and amendments to the Domestic\nPartnerships Register. Where a correction of a clerical error or an error of fact or substance\nis made, a note to that effect shall be inserted in the Domestic Partnerships Register and\nshall be signed by the Registrar.\nWhere a person applies for the correction of an error of fact or substance, the Registrar, if\nsatisfied as to the truth of the correction, and upon payment of the prescribed fee, may\nmake the correction upon production to the Registrar by the applicant of a sworn\ndeclaration \u2014\n(a) in writing setting out the nature of the error and the true facts of the case; and\n(b) made and signed by \u2014\n(i)\na person required to make any statement under the provisions of the legislation\nrelating to the domestic partnership to which the application relates; or\n(ii) by any two credible persons aving knowledge of the truth of the case.\n\nPART 8 \u2013 DOMESTIC PARTNERSHIP OFFICERS\nPart 8 of the Bill provides for domestic partnership officers.\nClause 25 provides for the appointment of domestic partnership officers. The Deputy\nGovernor may appoint a person who applies to the Deputy Governor to be appointed as a\ndomestic partnership where the Deputy Governor, after consulting the Registrar, is\nsatisfied that \u2014\n(a) the person is of good character;\n(b) the person is able to, and will, conscientiously perform the duties of a domestic\npartnership officer under the legislation; and\n(c) the appointment is in the public interest.\nThe Registrar shall give notice in the Gazette of the name of every person who is appointed\nas a domestic partnership officer.\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 9\n\nClause 26 provides that a person ceases to be a domestic partnership officer upon\nresignation or upon cancellation of the person\u2019s appointment by the Deputy Governor.\nClause 27 provides for the publication of a list of domestic partnership officers by the\nRegistrar in a conspicuous place in the office of the Registrar-General. This clause further\nprovides that the Registrar may at any time publish in the Gazette a list of the names of\npersons who have ceased to be domestic partnership officers.\n\nPART 9 \u2013 DEPUTY REGISTRARS\nPart 9 of the Bill provides for Deputy Registrars.\nClause 28 provides that the Deputy Governor may appoint a public officer or a domestic\npartnership officer to be a Deputy Registrar for the purpose of formalising a domestic\npartnership under this provision.\n\nPART 10 \u2013 PROTECTION FOR MARRIAGE OFFICERS\nPart 10 of the Bill provides for the protection of marriage officers.\nClause 29 provides that a person granted a licence as a marriage officer under the Marriage\nLaw (2010 Revision) is not authorised to formalise a domestic partnership unless the\nperson is also appointed as a domestic partnership officer under the legislation.\nClause 29 further provides that a marriage officer appointed under the Marriage Law (2010\nRevision), cannot be compelled to permit the use of any place of worship under the control\nof the marriage officer for the formalisation of a domestic partnership.\n\nPART 11 \u2013 MARITIME DOMESTIC PARTNERSHIPS\nPart 11 of the Bill provides for maritime domestic partnerships.\nClause 30 provides for the interpretation of certain words used in clauses 31 to 35 of the\nBill.\nClause 31 provides for domestic partnership officers in respect of maritime domestic\npartnerships. The Deputy Governor may grant a licence to the master of a Cayman Islands\nship to be a domestic partnership officer for the purposes of the legislation. The Registrar\nshall give notice in the Gazette as soon as practicable after the grant of a licence to the\nmaster of a Cayman Islands ship to be a domestic partnership officer.\nClause 32 provides for provisional domestic partnership officers in respect of maritime\ndomestic partnerships. The Deputy Governor may grant a licence to a person who is the\nsecond in command to the master of a Cayman Islands ship to be a provisional domestic\npartnership officer for the purposes of the legislation. Such a licence shall be granted\nsubject to the condition that the licensee shall formalise a domestic partnership only if the\nlicensee is, at the time scheduled for the formalisation of the domestic partnership, the\n\nObjects and Reasons\nDomestic Partnership Bill, 2020\n\nPage 10\n Introduced\nc\n\nmaster of a Cayman Islands ship; and the licensee shall be deemed to be a domestic\npartnership officer for that purpose.\nClause 33 provides for the register of domestic partnership officers in respect of maritime\ndomestic partnerships. The Registrar shall keep affixed in a conspicuous place in the office\nof the Registrar-General a list showing the names of all domestic partnership officers\nlicensed under clause 31 and the names of the ships on which they are serving.\nClause 34 provides generally for maritime domestic partnerships. This clause provides that\nsubject to the requirements of the legislation relating to notice of domestic partnership and\nthe issue of a licence for domestic partnership, a domestic partnership may be formalised\nbefore a domestic partnership officer on the high seas under the authority of a licence for\ndomestic partnership.\nClause 34 also provides that a domestic partnership may be formalised before a domestic\npartnership officer on the high seas without notice of domestic partnership or the issue of\nany licence for domestic partnership under the authority of a special licence.\nThis clause further provides that domestic partnerships in extremis may be formalised on\nthe high seas by a domestic partnership in accordance with clause 15.\nFinally, this clause provides that a domestic partnership formalised in the manner provided\nin the legislation on board Cayman Islands ships on the high seas before a domestic\npartnership officer shall be as valid in law as if it had been formalised in the Islands.\nClause 35 provides that the Registrar shall indicate on any notice published in relation to a\nmaritime domestic partnership that it relates to a maritime domestic partnership. Further,\nclause 35 provides that the Domestic Partnerships Register shall contain a separate part for\nthe registration of maritime domestic partnerships.\n\nPART 12 \u2013 OVERSEAS RELATIONSHIPS TREATED AS DOMESTIC\nPARTNERSHIPS\nPart 12 of the Bill provides that overseas relationships shall be treated as domestic\npartnerships.\nClause 36 provides for the meaning of \u201coverseas relationships\u201d. An \u201coverseas relationship\u201d\nmeans a relationship \u2014\n(a) which is either a specified relationship or a relationship which meets certain general\nconditions; and\n(b) which is registered (whether before or after the commencement date) with a\nresponsible authority in a country or territory outside the Islands in accordance with\nthe relevant law (that is, the law of the country or territory where the relationship is\nregistered, including  its rules of private international law), by two people neither of\nwhom is already in a domestic partnership or lawfully married,\nbut does not include marriage contracted between parties who are respectively male and\nfemale.\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 11\n\nClause 37 provides for specified relationships and general conditions. The clause provides\nthat a specified relationship is one of the relationships listed by reference to the respective\noverseas jurisdictions listed in Schedule 2. Schedule 2 includes territories such as Australia,\nCanada, Denmark, Ireland, Jersey, Netherlands, New Zealand and United Kingdom.\nClause 37 further provides that the Cabinet may by Order amend Schedule 2 to add an\noverseas relationship to the list if the Deputy Governor is satisfied that the overseas\nrelationship \u2014\n(a) is established or recognised under the law of the country or territory where the\nrelationship is registered, including its rules of private international law; and\n(b) meets the general conditions.\nThe general conditions are that the relevant law (that is, the law of the country or territory\nwhere the relationship is registered, including its rules of private international law) \u2014\n(a) prohibits a person from entering into the relationship if either party is already a party\nto a similar relationship or married, and requires that during the relationship the\nparties may not enter into another similar relationship or marry anyone else;\n(b) requires that the parties explicitly consent to entering into the relationship;\n(c) provides that the relationship ends only on death or by a judicial or other process\nrecognised under the law of the Islands as a dissolution or an annulment; and\n(d) does not permit or recognise the relationship if the parties are related as parent and\nchild, siblings or half-siblings, or grandparent and grandchild.\nClause 38 provides that two people are to be treated as having entered into a domestic\npartnership as a result of having registered an overseas relationship under the relevant law\n(that is, the law of the country or territory where the relationship is registered, including its\nrules of private international law) if, under that law, they had capacity to enter into the\nrelationship and met all requirements necessary to ensure the formal validity of the\nrelationship.\nClause 39 provides for a public policy exception to the general rule that overseas\nrelationships will be treated as domestic partnerships. This clause provides that if it would\nbe manifestly contrary to public policy to recognise the capacity, under the relevant law,\nof one or both parties to enter into a domestic partnership, the two people are not to be\ntreated as having entered into a domestic partnership as a result of having entered into an\noverseas relationship.\n\nPART 13 \u2013 BREAKDOWN, DISSOLUTION AND FINANCIAL RELIEF\nPart 13 of the Bill provides for the breakdown and dissolution of a domestic partnership,\nand financial relief in respect of a broken down or dissolved domestic relationship.\nClause 40 provides that the Matrimonial Causes Law (2005 Revision), the Maintenance\nLaw (1996 Revision), rules and regulations made under those Laws shall apply to\nproceedings brought in respect of the breakdown and dissolution of domestic  partnerships\n\nObjects and Reasons\nDomestic Partnership Bill, 2020\n\nPage 12\n Introduced\nc\n\nand related financial relief in such proceedings, as they apply in respect of matrimonial\nproceedings.\n\nPART 14 \u2013 OFFENCES IN CONNECTION WITH DOMESTIC PARTNERSHIPS\nPart 14 of the Bill provides for offences in connection with domestic partnerships.\nClause 41 provides for various offences, including the offences of \u2014\n(a) knowingly and wilfully purporting to formalise a domestic partnership without being\nthe Registrar, a Deputy Registrar or a domestic partnership officer;\n(b) being a party to a domestic partnership, knowing that the domestic partnership is void\non any ground and that the other party believes it to be valid; or\n(c) personating any other person in a domestic partnership or entering into a domestic\npartnership under a false name or description, with intent to deceive the other party\nto the domestic partnership.\n\nPART 15 \u2013 MISCELLANEOUS\nPart 15 of the Bill provides for miscellaneous matters.\nClause 42 provides that every entry in the Domestic Partnerships Register kept by the\nRegistrar and every true copy of such entry under the hand and seal of the Registrar shall\nbe received in all courts and in all proceedings as evidence of the domestic partnership to\nwhich the entry relates.\nClause 43 provides that the information contained in any register, book or other document\nrequired to be kept by the Registrar under the legislation may be recorded and kept by the\nRegistrar in electronic form or such other form as the Registrar thinks fit.\nClause 44 provides that where any party to a domestic partnership is not conversant with\nthe English language, then the statements and declarations required by the legislation to be\nused in the formalisation of the domestic partnership shall, so far as they affect or are to be\nused by that party, be made in the language which that party commonly uses.\nClause 45 provides for an annual report by the Registrar, which shall contain a summary\nof the domestic partnerships registered under the legislation during that year and which\nshall be published in such form and manner as the Deputy Governor may approve.\n\nPART 16 \u2013 CONSEQUENTIAL AND RELATED AMENDMENTS\nPart 16 of the Bill provides for consequential and related amendments.\nA review of the Laws of the Islands should be undertaken as consequential amendments\nwill be required in respect of many Laws including the Evidence Law (2019 Revision), the\nHealth Insurance Law (2018 Revision), the Immigration (Transition) Law, 2018, the\nMaintenance Law (1996 Revision), the Matrimonial Causes Law (2005 Revision), the\n\nDomestic Partnership Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 13\n\nMental Health Law, 2013, the National Pensions Law (2012 Revision) and the Penal Code\nLaw (2019 Revision).\nClause 46 provides that certain words and expressions in certain enactments shall be read\nin as the corresponding word or expression provided in the table in that clause, unless the\ncontext otherwise requires, the enactment is specifically amended, or the enactment\ncontains an express provision to the contrary. For example, the word \u201cdivorce\u201d shall be\nread as \u201cdissolution\u201d and the words \u201chusband and wife\u201d shall be read as \u201cthe parties to a\ndomestic partnership\u201d.\n\nPART 17 \u2013 PROVISIONS RELATING TO MARRIAGE\nPart 17 of the Bill deals with provisions relating to marriage.\nClause 47 provides that unless a marriage is saved under clause 48, a marriage is void\nunless the parties are respectively male and female.\nClause 48 saves certain same sex marriages. This clause provides that notwithstanding\ncertain clauses in the legislation, nothing in the legislation prevents the recognition in the\nIslands of a marriage lawfully entered into and registered in an overseas jurisdiction under\nthe relevant law (that is, the law of the country or territory where the relationship is\nregistered, including  its rules of private international law) before the commencement date\nby two people of the same sex if \u2014\n(a) both parties met all requirements necessary to ensure the formal validity of the\nmarriage under the relevant law; and\n(b) at the time of the marriage each party was domiciled in the Islands or had capacity to\nenter into the marriage under the place of his or her domicile,\nprovided that both parties were eighteen years or older at the time of the marriage.\n\nPART 18 \u2013 FINAL PROVISIONS\nPart 18 of the Bill contains the final provisions.\nClause 49 provides for the making of regulations by the Cabinet.\nClause 49 also provides that regulations and Orders made under the legislation are subject\nto the negative resolution procedure.\nClause 50 provides that the legislation binds the Crown.\n\nSchedule 1 provides for the prohibited degrees of domestic partnerships.\nSchedule 2 provides for specified relationships.\n\nDomestic Partnership Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 15\n\nCAYMAN ISLANDS\n\nDOMESTIC PARTNERSHIP BILL, 2020\n\nArrangement of Clauses\nClause\nPage\nPART 1 - PRELIMINARY\n1.\nShort title and commencement ................................................................................................ 19\n2.\nInterpretation ........................................................................................................................... 19\n3.\nOverview of domestic partnership ............................................................................................ 20\nPART 2 - CAPACITY\n4.\nAge of eligibility and consent.................................................................................................... 21\n5.\nRequirement not to be already married or in domestic partnership ........................................... 21\n6.\nProhibited degrees of domestic partnership ............................................................................. 21\nPART 3 - NOTICE AND ISSUE OF LICENCE\n7.\nNotice of domestic partnership and statutory declaration ......................................................... 22\n8.\nRegistration and publication of notice ...................................................................................... 22\n9.\nIssue of licence to enter into domestic partnership ................................................................... 23\n10.\nSpecial licence ......................................................................................................................... 23\n11.\nLicence and special licence lapse within three months............................................................. 24\n12.\nLicence authorises but does not oblige .................................................................................... 24\nPART 4 - FORMALISATION OF DOMESTIC PARTNERSHIP\n13.\nFormalisation by the Registrar ................................................................................................. 24\n14.\nFormalisation by domestic partnership officer .......................................................................... 26\n15.\nDomestic partnership in extremis ............................................................................................. 26\n\nArrangement of Clauses\nDomestic Partnership Bill, 2020\n\nPage 16\n Introduced\nc\n\nPART 5 - CAVEAT\n16.\nCaveat to intended domestic partnership ................................................................................. 27\n17.\nPowers of Judge regarding caveat ........................................................................................... 27\nPART 6 - VOID AND VOIDABLE DOMESTIC PARTNERSHIPS\n18.\nGrounds on which a domestic partnership is void .................................................................... 28\n19.\nGrounds on which a domestic partnership is voidable .............................................................. 28\n20.\nEffect of defect in formalities or procedures ............................................................................. 29\nPART 7-REGISTRATION\n21.\nRegistration of domestic partnerships ...................................................................................... 29\n22.\nAny person may search register and obtain copies of particulars ............................................. 30\n23.\nRegistrar may require information ............................................................................................ 30\n24.\nAlterations and amendments to the register ............................................................................. 31\nPART 8 - DOMESTIC PARTNERSHIP OFFICERS\n25.\nAppointment of domestic partnership officers........................................................................... 32\n26.\nCeasing to be a domestic partnership officer ........................................................................... 32\n27.\nPublication of list of domestic partnership officers .................................................................... 33\nPART 9 - DEPUTY REGISTRARS\n28.\nDeputy Registrars .................................................................................................................... 33\nPART 10-PROTECTION FOR MARRIAGE OFFICERS\n29.\nProvision in respect of marriage officers .................................................................................. 33\nPART 11 - MARITIME DOMESTIC PARTNERSHIPS\n30.\nMaritime domestic partnerships: interpretation ......................................................................... 34\n31.\nMaritime domestic partnerships: domestic partnership officers ................................................ 34\n32.\nMaritime domestic partnerships: provisional domestic partnership officers ............................... 35\n33.\nMaritime domestic partnerships: register of domestic partnership officers ................................ 35\n34.\nMaritime domestic partnerships: general provisions ................................................................. 35\n35.\nMaritime domestic partnerships: notices and register ............................................................... 36\nPART 12 - OVERSEAS RELATIONSHIPS TREATED AS\nDOMESTIC PARTNERSHIPS\n36.\nMeaning of \u201coverseas relationships\u201d ........................................................................................ 36\n37.\nSpecified relationships and the general conditions ................................................................... 36\n38.\nOverseas relationships treated as domestic partnerships ........................................................ 37\n39.\nPublic policy exception ............................................................................................................ 38\n\nDomestic Partnership Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 17\n\nPART 13 - BREAKDOWN, DISSOLUTION AND FINANCIAL\nRELIEF\n40.\nApplication of the Matrimonial Causes Law (2005 Revision) and the Maintenance Law\n(1996 Revision) ....................................................................................................................... 38\nPART 14 - OFFENCES IN CONNECTION WITH DOMESTIC\nPARTNERSHIPS\n41.\nOffences .................................................................................................................................. 38\nPART 15 - MISCELLANEOUS\n42.\nEvidence of domestic partnership by means of Register .......................................................... 40\n43.\nInformation may be recorded in electronic form ....................................................................... 40\n44.\nUse of foreign language ........................................................................................................... 40\n45.\nAnnual report ........................................................................................................................... 40\nPART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS\n46.\nApplication by reference of enactments relating to marriage etc............................................... 41\nPART 17 - PROVISIONS RELATING TO MARRIAGE\n47.\nClarification of the law of marriage ........................................................................................... 42\n48.\nSaving for certain same sex marriages .................................................................................... 42\nPART 18 - FINAL PROVISIONS\n49.\nRegulations and orders ............................................................................................................ 43\n50.\nLaw binding on Crown ............................................................................................................. 43\nSCHEDULE 1\n45\nSCHEDULE 2\n46\n\nDomestic Partnership Bill, 2020\nClause 1\n\nc\n Introduced\nPage 19\n\nCAYMAN ISLANDS\n\nDOMESTIC PARTNERSHIP BILL, 2020\nA BILL FOR A LAW TO PROVIDE FOR DOMESTIC PARTNERSHIPS; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Domestic Partnership Law, 2020.\n(2) This Law comes into operation on such day as Cabinet may appoint by Order.\n2.\nInterpretation\n2.\nIn this Law \u2014\n\u201ccommencement date\u201d means the date on which this Law comes into\noperation;\n\u201ccredible witness\u201d means a witness eighteen years of age or older who is of\nsound mind;\n\u201cDeputy Registrar\u201d means a person appointed under section 28;\n\u201cdomestic partner\u201d means a party to a domestic partnership;\n\u201cdomestic partnership\u201d means a domestic partnership formalised and\nregistered in accordance with this Law;\n\nClause 2\nDomestic Partnership Bill, 2020\n\nPage 20\n Introduced\nc\n\n\u201cdomestic partnership officer\u201d means a person appointed under section 25 or\nlicensed under section 31 or 32;\n\u201cDomestic Partnerships Register\u201d means the register kept under section 21;\n\u201clicence\u201d means a licence for domestic partnership (except in relation to a\nlicence for maritime domestic partnership officers in sections 31 to 34);\n\u201clicence for domestic partnership\u201d means a licence issued by the Registrar\nunder section 9;\n\u201coverseas relationship\u201d has the meaning assigned in section 36;\n\u201cprohibited degrees of domestic partnership\u201d has the meaning given in\nsection 6 and Schedule 1;\n\u201cRegistrar\u201d means the Registrar of Domestic Partnerships who shall be \u2014\n(a)\nthe Registrar-General; or\n(b) such other public officer as may be appointed by the Deputy Governor to\ncarry out the functions of the Registrar in relation to this Law;\n\u201cspecial licence\u201d means a special licence issued by the Deputy Governor under\nsection 10; and\n\u201cspecified relationship\u201d has the meaning assigned in section 37.\n3.\nOverview of domestic partnership\n3.\n(1) Two persons may enter into a domestic partnership under this Law if \u2014\n(a)\neither person is sixteen years of age or older but under the age of eighteen\nand the person\u2019s parent, legal guardian or the court consents to the\ndomestic partnership in accordance with this Law;\n(b) both persons are over the age of eighteen years;\n(c)\nneither person is currently married, in a domestic partnership or overseas\nrelationship; and\n(d) neither person is within the prohibited degrees of domestic partnership.\n(2) A domestic partnership may be formalised by the Registrar or, if the Registrar\nhas issued a licence or the Deputy Governor has issued a special licence, by a\ndomestic partnership officer.\n(3) After a domestic partnership is formalised, a party to the domestic partnership\nshall register it under section 21.\n(4) The dissolution of a domestic partnership is governed by the Matrimonial\nCauses Law (2005 Revision) and the Maintenance Law (1996 Revision) as\napplied by section 40.\n(5) This section is subject to the provisions of this Law.\n\nDomestic Partnership Bill, 2020\nClause 4\n\nc\n Introduced\nPage 21\n\nPART 2 - CAPACITY\n4.\nAge of eligibility and consent\n4.\n(1) Subject to this section, a person who has not reached the age of eighteen years\nis prohibited from entering into a domestic partnership.\n(2) Where a person is under the age of eighteen years but is sixteen years of age or\nolder and is not a widower or widow, and the person intends to enter into a\ndomestic partnership, either parent or the legal guardian of the person shall have\nauthority to consent to the domestic partnership of the person, and such consent\nis required by this Law.\n(3) If the parent or legal guardian whose consent to a domestic partnership is\nnecessary \u2014\n(a)\nis not of sound mind; or\n(b) is unreasonably withholding consent,\neither party to the domestic partnership may refer the matter to the Grand Court\nand a judge shall decide upon the matter summarily.\n(4) If, upon examination by a judge of the Grand Court under subsection (3) the\nproposed domestic partnership appears to be proper, the judge shall certify to\nthat fact, and certificate of the court shall be as good and effectual as if the\nnecessary consent had been given.\n(5) Where either of the parties to a domestic partnership is under eighteen years of\nage, is not a widower or widow, and enters into a domestic partnership under\nthis Law without the consent of the person having authority to consent, the\ndomestic partnership shall be void.\n5.\nRequirement not to be already married or in domestic partnership\n5.\n(1) A person who is married is prohibited from entering into a domestic partnership.\n(2) A person who is in a domestic partnership is prohibited from entering into\nanother domestic partnership during the currency of the first-mentioned\ndomestic partnership.\n(3) A person who is in an overseas relationship is prohibited from entering into a\ndomestic partnership.\n6.\nProhibited degrees of domestic partnership\n6.\n(1) Two persons who are within the prohibited degrees of domestic partnership, as\nset out in Schedule 1, are prohibited from entering into a domestic partnership\nwith each other.\n(2) Subsection (1) is subject to paragraph 4 of Schedule 1.\n\nClause 7\nDomestic Partnership Bill, 2020\n\nPage 22\n Introduced\nc\n\nPART 3 - NOTICE AND ISSUE OF LICENCE\n7.\nNotice of domestic partnership and statutory declaration\n7.\n(1) If two persons intend to enter into a domestic partnership, one of them shall\nappear personally before the Registrar and give notice in the prescribed form of\nthe intended domestic partnership.\n(2) The person giving notice under subsection (1) shall also make a statutory\ndeclaration in the prescribed form before the Registrar declaring that the person\nbelieves that \u2014\n(a)\nwhere applicable, either of the parties or both are at least sixteen years of\nage but under eighteen years of age and has or have received consent to\nenter into a domestic partnership in accordance with this Law;\n(b) where applicable, the parties are both eighteen years of age or older;\n(c)\nneither party is currently married, in a domestic partnership or overseas\nrelationship;\n(d) the parties are not within the prohibited degrees of domestic partnership\nor, if they are, a court order has been made under paragraph 4 of Schedule\n1 dispensing with the prohibition;\n(e)\nthere is no other lawful impediment to the intended domestic\npartnership; and\n(f)\nthe particulars in the notice are true.\n(3) If both of the parties to an intended domestic partnership are ordinarily resident\noutside of the Islands the requirements of this section are satisfied if \u2014\n(a)\none of the parties posts the notice in the prescribed form to the Registrar;\nand\n(b) one of the parties, at any time before the licence is issued or, if the\nRegistrar is to formalise the domestic partnership, the domestic partnership\nis formalised, makes a statutory declaration as to the matters in\nsubsection (2).\n(4) The person giving notice under this section shall pay the prescribed notice fee.\n8.\nRegistration and publication of notice\n8.\n(1) On receiving notice of an intended domestic partnership, the Registrar shall \u2014\n(a)\nenter the particulars contained in the notice and the date of the receipt of\nthe notice in the part of the Domestic Partnerships Register designated by\nthe Registrar for such information;\n(b) keep the notice posted in a conspicuous place in the office of the RegistrarGeneral for a period of not less than fourteen days from the date of the\nreceipt of the notice; and\n\nDomestic Partnership Bill, 2020\nClause 9\n\nc\n Introduced\nPage 23\n\n(c)\nwithin five working days of the receipt of the notice of intended domestic\npartnership, cause a notice in the prescribed form to be published twice in\nany newspaper or other local media published and circulated in the Islands.\n(2) Any expenses incurred by the Registrar in the publication of such a notice of\ndomestic partnership shall be paid to the Registrar by the person who gave the\nnotice.\n9.\nIssue of licence to enter into domestic partnership\n9.\n(1) After the posting and publication of the notice of intended domestic partnership\nas required by section 8, and, at any time not later than three months nor earlier\nthan fourteen days after the receipt of the notice of domestic partnership, the\nRegistrar on the application of either of the parties to the intended domestic\npartnership, shall issue to the applicant a licence for domestic partnership in the\nprescribed form \u2014\n(a)\nif no lawful impediment has been shown to the Registrar\u2019s satisfaction why\na licence for domestic partnership should not be issued; and\n(b) if no caveat has been entered against the issue of a licence or if a caveat so\nentered has been removed.\n(2) The Registrar shall not issue a licence for domestic partnership until the\nexpenses of publication of the notice have been paid as required by section 8(2).\n10.\nSpecial licence\n10. (1) Notwithstanding anything in this Law, the Deputy Governor may, in the case of\nany intended domestic partnership between two persons who are not resident in\nthe Islands \u2014\n(a)\ndispense with the giving of notice of domestic partnership and with the\nissue of a licence for domestic partnership by the Registrar; and\n(b) grant a special licence in the prescribed form authorising the formalising\nof the domestic partnership before the Registrar or a domestic partnership\nofficer.\n(2) An application for a special licence may be made by a party to the intended\ndomestic partnership to the Deputy Governor and it shall be submitted by the\nparty to the Registrar together with the affidavit referred to in subsection (5).\n(3) The Registrar shall, if satisfied that there is sufficient information for the\nconsideration of the Deputy Governor, forward the application under subsection\n(2) and all other relevant documents to the Deputy Governor together with the\nRegistrar\u2019s recommendation in relation to the application.\n(4) The Deputy Governor shall not grant a special licence under this section\nunless \u2014\n\nClause 11\nDomestic Partnership Bill, 2020\n\nPage 24\n Introduced\nc\n\n(a)\nit appears to the Deputy Governor that the intended domestic partnership\nis not prohibited by this Law;\n(b) there are special or exceptional circumstances justifying the grant of a\nspecial licence; and\n(c)\nan affidavit is produced to the Deputy Governor as mentioned in\nsubsection (5).\n(5) One of the parties to the intended domestic partnership shall make an affidavit\ndeposing to the following matters \u2014\n(a) where applicable, that either party is sixteen years of age or older but under\nthe age of eighteen and consent has been received in accordance with this\nLaw; or\n(b) where applicable, that the parties are both eighteen years of age or over;\n(c)\nthat neither party is currently married, in a domestic partnership or\noverseas relationship; and\n(d) that the parties are not within the prohibited degrees of domestic\npartnership or, if they are, that a court order has been made under\nparagraph 4 of Schedule 1 dispensing with the prohibition; and\n(e)\nthat there is no other lawful impediment to the intended domestic\npartnership.\n11.\nLicence and special licence lapse within three months\n11. Subject to the lodging of a caveat under section 16, where an intended domestic\npartnership does not take place within three months after the date of the issue of any\nlicence or special licence relating to the intended domestic partnership, the licence or\nspecial licence shall be void, and the domestic partnership shall not be entered into\nunder the authority of that licence or special licence.\n12.\nLicence authorises but does not oblige\n12. A licence or special licence authorises, but does not oblige, a domestic partnership\nofficer to formalise the domestic partnership to which the licence relates.\nPART 4 - FORMALISATION OF DOMESTIC PARTNERSHIP\n13.\nFormalisation by the Registrar\n13. (1) The Registrar may formalise a domestic partnership if the Registrar is\nsatisfied \u2014\n(a)\nthat the domestic partnership is not prohibited by this Law;\n(b) that the requirements of this Law have been complied with; and\n(c)\nthat \u2014\n\nDomestic Partnership Bill, 2020\nClause 13\n\nc\n Introduced\nPage 25\n\n(i)\nno caveat to the domestic partnership has been lodged under\nsection 16; or\n(ii) if a caveat has been lodged, it has been withdrawn or removed.\n(2) The formalisation of a domestic partnership shall not take place \u2014\n(a)\nearlier than fourteen days after the date on which notice of intended\ndomestic partnership was given; or\n(b) more than three months after the date on which notice of the intended\ndomestic partnership was given or, where a caveat has been lodged, more\nthan three months after the date on which the caveat was withdrawn or\nremoved.\n(3) A domestic partnership shall only be formalised by the Registrar between the\nhours of \u2014\n(a)\n9:00 a.m. and 5:00 p.m. on a Monday to Friday; or\n(b) 9:00 a.m. and 12:00 noon on a Saturday,\nand shall not be formalised on a public holiday.\n(4) A domestic partnership may only be formalised by the Registrar \u2014\n(a)\nat the office of the Registrar-General; or\n(b) at an alternative location approved by the Registrar.\n(5) During the formalisation, in the presence of the Registrar and at least two\ncredible witnesses each party shall make a clear statement that \u2014\n(a)\ngives the full names of both parties; and\n(b) acknowledges that they are freely joining in a domestic partnership with\neach other and know of no lawful impediment to the domestic partnership.\n(6) Cabinet may \u2014\n(a)\nmake regulations prescribing buildings or other places as alternative\napproved locations for the purposes of subsection (4)(b); and\n(b) on application made by the parties in writing at least fourteen days before\nthe proposed date of the formalisation, approve an additional alternative\nlocation, subject to the approval of the Registrar and on such terms and\nconditions as Cabinet may direct.\n(7) The parties to a domestic partnership to be formalised at an alternative approved\nlocation shall \u2014\n(a)\nobtain the written permission of the owner or occupier to use that location\nfor the formalisation of their domestic partnership and notify the Registrar\naccordingly; and\n(b) comply with any terms and conditions imposed by the owner or occupier.\n\nClause 14\nDomestic Partnership Bill, 2020\n\nPage 26\n Introduced\nc\n\n14.\nFormalisation by domestic partnership officer\n14. (1) On the delivery to a domestic partnership officer of either \u2014\n(a)\na valid licence for domestic partnership issued by the Registrar under\nsection 9; or\n(b) a valid special licence granted by the Deputy Governor under section 10,\nthe domestic partnership officer may formalise a domestic partnership between\nthe parties specified in the licence or special licence.\n(2) A domestic partnership shall be formalised in the presence of two or more\ncredible witnesses in addition to the domestic partnership officer.\n(3) A domestic partnership may be formalised in any place in the Islands, but shall\nnot be formalised in a place to which access is prevented by locked or barred\ndoors or otherwise.\n(4) During the formalisation, in the presence of the domestic partnership officer and\nat least two credible witnesses, each party shall make a clear statement that \u2014\n(a)\ngives the full name of each party; and\n(b) acknowledges that they are freely joining in a domestic partnership with\neach other and know of no lawful impediment to the domestic partnership.\n(5) A domestic partnership officer shall not formalise a domestic partnership if the\ndomestic partnership officer knows or has reason to believe that there is a lawful\nimpediment to the domestic partnership.\n15.\nDomestic partnership in extremis\n15. (1) Notwithstanding anything in this Law, if the conditions specified in\nsubsection (2) are fulfilled, it shall be lawful to formalise a domestic partnership\nbefore a domestic partnership officer without giving notice of the intended\ndomestic partnership, or, if notice has been given \u2014\n(a)\nwithout the issue of any licence for domestic partnership;\n(b) without the grant of a special licence; or\n(c)\nafter the expiration of three months from the date of the issue of a licence\nor special licence.\n(2) The conditions referred to in subsection (1) are as follows \u2014\n(a)\nboth parties to the intended domestic partnership are required to be legally\ncompetent to enter into the domestic partnership;\n(b) the domestic partnership shall be formalised in the presence of two or more\ncredible witnesses in addition to the domestic partnership officer, and one\nof the witnesses must be a medical doctor;\n(c)\neach party shall give a clear statement that \u2014\n(i)\ngives the full name of each party; and\n\nDomestic Partnership Bill, 2020\nClause 16\n\nc\n Introduced\nPage 27\n\n(ii) acknowledges that the parties are freely joining in a domestic\npartnership with each other and know of no lawful impediment to the\ndomestic partnership; and\n(d) at least one of the parties to the intended domestic partnership must, in the\nopinion of a medical doctor, be in a dying state but is able to understand\nthe effect of entering into the domestic partnership.\n(3) A domestic partnership formalised under this section shall not operate as a\nrevocation of any will.\nPART 5 - CAVEAT\n16.\nCaveat to intended domestic partnership\n16. (1) A person who knows or claims to know of any lawful grounds why a domestic\npartnership should not take place may enter a caveat against the issue of a\nlicence by the Registrar.\n(2) A person shall enter a caveat by notice in writing signed by that person, stating\nthe person\u2019s full name, residential address, and the grounds of objection on\nwhich the person claims the domestic partnership should not take place.\n(3) A caveat shall be given to the Registrar, and may be given at any time before\nthe issue of the licence to which it relates.\n(4) On receipt of a caveat, the Registrar shall forthwith \u2014\n(a)\nrecord in the Domestic Partnerships Register the particulars contained in\nthe notice and the date of receipt; and\n(b) refer the caveat to a judge of the Grand Court.\n17.\nPowers of Judge regarding caveat\n17. Where a caveat has been referred to a judge, the following provisions shall have\neffect \u2014\n(a)\nif the judge is of the opinion that no legal ground has been disclosed in the\ncaveat for preventing the domestic partnership, the judge may order the\ncaveat to be removed without requiring any of the parties to appear;\n(b) the judge may cause a summons to be issued to the parties to the intended\ndomestic partnership and the person by whom the caveat has been entered\nrequiring such person to show cause why the licence for domestic\npartnership should not be issued;\n(c)\nthe judge may hear and determine every such matter in a summary way\nand shall either confirm the caveat or order it to be removed;\n(d) if the caveat is removed, the Registrar may issue the licence for domestic\npartnership and the domestic partnership may proceed as if the caveat had\n\nClause 18\nDomestic Partnership Bill, 2020\n\nPage 28\n Introduced\nc\n\nnot been entered, but the time that has elapsed between the entry and\nremoval of the caveat shall not be computed in the period of three months\nspecified in section 11;\n(e)\nif it appears to the judge that the caveat has been entered on insufficient\ngrounds, the judge may order the person who entered the caveat to pay\ncompensation and costs to the parties to the intended domestic partnership;\nand\n(f)\nif the caveat is confirmed, the Registrar shall forthwith inform every\ndomestic partnership officer.\nPART 6 - VOID AND VOIDABLE DOMESTIC PARTNERSHIPS\n18.\nGrounds on which a domestic partnership is void\n18. A domestic partnership shall be void on the following grounds only \u2014\n(a)\nif it is not formalised by the Registrar, a Deputy Registrar or a domestic\npartnership officer;\n(b) if at the time it was entered into either party was at least sixteen years of\nage but under the age of eighteen years and did not receive the consent\nrequired under section 4;\n(c)\nsubject to paragraph (b), if at the time it was entered into, either party was\nunder the age of eighteen years;\n(d) if at the time it was entered into either party was already married, in a\ndomestic partnership or overseas relationship;\n(e)\nif at the time it was entered into the parties were within the prohibited\ndegrees of domestic partnership, and no order under paragraph 4 of\nSchedule 1 had been obtained;\n(f)\nif both parties knowingly and wilfully acquiesced in the formalisation of\nthe domestic partnership under a false name or names;\n(g) if both parties to the domestic partnership (not being a domestic\npartnership in extremis) knowingly and wilfully acquiesced in its\nformalisation without any notice given of the domestic partnership (where\nsuch notice is required by this Law) or without the authority of a licence\nor special licence; or\n(h) if it is formalised as a domestic partnership in extremis, and both parties\nknowingly and wilfully acquiesced in its being so formalised without\nfulfilment of the conditions specified by section 15.\n19.\nGrounds on which a domestic partnership is voidable\n19. (1) A domestic partnership is voidable on the following grounds only \u2014\n\nDomestic Partnership Bill, 2020\nClause 20\n\nc\n Introduced\nPage 29\n\n(a)\nthat either party to the domestic partnership did not validly consent to it,\nwhether by consequence of duress, mistake, unsoundness of mind or\notherwise;\n(b) that at the time of the domestic partnership either party, though capable of\ngiving a valid consent, was suffering (whether continuously or\nintermittently) from mental impairment or serious mental illness within the\nmeaning of the Mental Health Law, 2013 of such a kind or to such an\nextent as to be unfit for domestic partnership;\n(c)\nthat the petitioner was unaware that at the time of the domestic partnership\nthe respondent was suffering from venereal disease in a communicable\nform; or\n(d) that the petitioner was unaware that at the time of the domestic partnership\nthe respondent was pregnant by some person other than the petitioner.\n(2) In subsection (1)(c) and (d), \u201cpetitioner\u201d and \u201crespondent\u201d mean the parties to\nan application under the Matrimonial Causes Law (2005 Revision) as applied\nby section 40.\n20.\nEffect of defect in formalities or procedures\n20. (1) Save as provided in section 18, a defect in compliance with the formalities or\nprocedures required under this Law does not, in itself, render a domestic\npartnership void.\n(2) Notwithstanding subsection (1), nothing in this section exempts the Registrar, a\nDeputy Registrar or a domestic partnership officer who does anything contrary\nto the provisions of this Law from any penalty for an offence under this Law.\nPART 7-REGISTRATION\n21.\nRegistration of domestic partnerships\n21. (1) The Registrar shall keep at the office of the Registrar-General the Domestic\nPartnerships Register in which shall be recorded \u2014\n(a)\nall particulars of notices of an intended domestic partnership required\nunder section 8;\n(b) all domestic partnerships entered into in the Islands; and\n(c)\nall domestic partnerships recognised under this Law.\n(2) Immediately after a domestic partnership has been formalised by the Registrar,\nthe Registrar shall enter a statement of the domestic partnership in the prescribed\nform in the Domestic Partnerships Register, which shall be signed by \u2014\n(a)\nthe Registrar;\n(b) the parties to the domestic partnership; and\n\nClause 22\nDomestic Partnership Bill, 2020\n\nPage 30\n Introduced\nc\n\n(c)\ntwo credible witnesses to the domestic partnership,\nand the Registrar shall give a copy of the statement to the parties to the domestic\npartnership.\n(3) Immediately after a domestic partnership has been formalised by a domestic\npartnership officer, the domestic partnership officer shall prepare a statement of\nthe domestic partnership in the prescribed form, which statement shall be signed\nby \u2014\n(a)\nthe domestic partnership officer;\n(b) the parties to the domestic partnership; and\n(c)\ntwo credible witnesses to the domestic partnership,\nand given to the parties to the domestic partnership.\n(4) The domestic partnership officer shall, as soon as practicable, transmit to the\nRegistrar a duplicate of the statement prepared under subsection (3) similarly\nsigned, and the duplicate statement shall be filed by the Registrar and preserved\namong the records of the office of the Registrar-General, and the Registrar shall\nenter a true copy thereof in the Domestic Partnerships Register.\n(5) In the case of a domestic partnership formalised in extremis under section 15 \u2014\n(a)\nthe requirement as to the signing of the statement by the parties to the\ndomestic partnership shall be waived so far as regards any party unable to\nsign;\n(b) there shall be endorsed on the statement a certificate in the prescribed form\nsigned by \u2014\n(i)\nthe Registrar or the domestic partnership officer who formalised the\ndomestic partnership;\n(ii) any party to the domestic partnership able to sign; and\n(iii) two credible witnesses to the domestic partnership, one of whom\nshall be the medical doctor referred to in section 15; and\n(c)\nthe Registrar shall insert the words \u201cin extremis\u201d in the entry to be made\nin the Domestic Partnerships Register.\n22.\nAny person may search register and obtain copies of particulars\n22. Any person may, during normal business hours and on payment of the prescribed fee,\nsearch the entries in the Domestic Partnerships Register and may have true copies\ncertified under the hand and seal of the Registrar of all particulars recorded in any\nsuch entry.\n23.\nRegistrar may require information\n23. (1) The Registrar may, for the purpose of completing or rectifying the registration\nof any domestic partnership, require any person \u2014\n\nDomestic Partnership Bill, 2020\nClause 24\n\nc\n Introduced\nPage 31\n\n(a)\nwho is required by this Law to give any notice or statement relating to the\ndomestic partnership; or\n(b) who may reasonably be expected to have knowledge of the true facts\nrelating to the domestic partnership,\nto make any written declaration or to give any information within the person\u2019s\nknowledge relating to the domestic partnership, and to attend at the office of the\nRegistrar-General for the purpose of making the declaration or giving the\ninformation.\n(2) If the Registrar thinks fit, the Registrar may require any such declaration or\ninformation to be made or given on oath.\n24.\nAlterations and amendments to the register\n24. (1) No alteration in the Domestic Partnerships Register shall be made except as\nauthorised by this section.\n(2) Any clerical error which may from time to time be discovered in the Domestic\nPartnerships Register may be corrected by the Registrar or by any person\nauthorised by the Registrar in that behalf; and where any such correction is made\na note to that effect shall be inserted in the Domestic Partnership Register and\nshall be signed by the Registrar.\n(3) Any error of fact or substance in the Domestic Partnership Register may be\ncorrected by the Registrar in cases where the Registrar is satisfied as to the truth\nof the correction.\n(4) The correction shall be made by entry in the Domestic Partnership Register\n(without any alteration in the original entry) and a note to that effect shall be\ninserted in the Domestic Partnership Register and shall be signed by the\nRegistrar.\n(5) Where a person applies for the correction of an error of fact or substance, the\nRegistrar, if satisfied as to the truth of the correction, and upon payment of the\nprescribed fee, may make the correction in the manner set out in subsection (4)\nupon production to the Registrar by the applicant of a sworn declaration in\nwriting setting out \u2014\n(a)\nthe nature of the error; and\n(b) the true facts of the case,\nand made and signed by a person required to make any statement under the\nprovisions of this Law relating to the domestic partnership to which the\napplication relates, or by any two credible persons having knowledge of the truth\nof the case.\n\nClause 25\nDomestic Partnership Bill, 2020\n\nPage 32\n Introduced\nc\n\nPART 8 - DOMESTIC PARTNERSHIP OFFICERS\n25.\nAppointment of domestic partnership officers\n25. (1) A person may apply in writing to the Deputy Governor to be appointed as a\ndomestic partnership officer and shall give his or her full name, address and date\nof birth, and such other particulars as may be prescribed.\n(2) The Deputy Governor may appoint a person as a domestic partnership officer if\nthe Deputy Governor, after consulting the Registrar, is satisfied \u2014\n(a)\nthat the person is of good character;\n(b) that the person is able to, and will, conscientiously perform the duties of a\ndomestic partnership officer under this Law; and\n(c)\nthat the appointment is in the public interest.\n(3) The Registrar shall give notice in the Gazette of the name of every person who\nis appointed as a domestic partnership officer.\n(4) A person named in a notice given under subsection (3) is entitled to act as a\ndomestic partnership officer on and from the date specified in the notice until\nthe person\u2019s appointment ceases under section 26.\n26.\nCeasing to be a domestic partnership officer\n26. (1) A person ceases to be a domestic partnership officer \u2014\n(a)\nin the case of a person who resigns, on the date on which the Registrar\nreceives the person\u2019s written notice of resignation; or\n(b) in the case of a person whose appointment is cancelled by the Deputy\nGovernor under this section, on the date referred to in subsection (5).\n(2) The Deputy Governor, after consulting the Registrar, may cancel a person\u2019s\nappointment as a domestic partnership officer if the Deputy Governor is no\nlonger satisfied, with respect to the person, as to any of the matters set out in\nsection 25(2).\n(3) The Deputy Governor shall not cancel a person\u2019s appointment as a domestic\npartnership officer without first \u2014\n(a)\ngiving the person notice that the Deputy Governor is considering\ncancelling the appointment;\n(b) giving the person a reasonable opportunity to make submissions on the\nproposed cancellation; and\n(c)\nconsidering any submissions made by the person within that time.\n(4) The Registrar shall give notice in writing to the person concerned of the Deputy\nGovernor\u2019s decision to cancel the person\u2019s appointment as a domestic\npartnership officer, and also of any decision not to proceed with a proposed\ncancellation.\n\nDomestic Partnership Bill, 2020\nClause 27\n\nc\n Introduced\nPage 33\n\n(5) If a person\u2019s appointment as a domestic partnership officer is cancelled, the\nnotice from the Registrar shall specify the date on which the cancellation takes\neffect, which must be a date not sooner than five days after the date on which\nthe notice is sent.\n27.\nPublication of list of domestic partnership officers\n27. (1) The Registrar shall keep affixed in a conspicuous place in the office of the\nRegistrar-General a list showing the names of all domestic partnership officers\nappointed under section 25.\n(2) The Registrar shall, at least once every year, publish a list in the Gazette of the\nnames of all current domestic partnership officers, and this list may be combined\nwith any notice given under section 25(3).\n(3) The Registrar may at any time publish in the Gazette a list of the names of\npersons who have ceased to be domestic partnership officers since the latest list\nunder this section was published.\nPART 9 - DEPUTY REGISTRARS\n28.\nDeputy Registrars\n28. (1) The Deputy Governor may appoint a public officer or a domestic partnership\nofficer to be a Deputy Registrar for the purpose of formalising a domestic\npartnership under section 13.\n(2) A Deputy Registrar shall be appointed on such terms and conditions as the\nDeputy Governor may determine and shall act in accordance with the directions\nof the Registrar.\n(3) A person who ceases to be a domestic partnership officer under section 26 shall\nat the same time cease to be a Deputy Registrar.\nPART 10-PROTECTION FOR MARRIAGE OFFICERS\n29.\nProvision in respect of marriage officers\n29. (1) A person granted a licence as a marriage officer under the Marriage Law (2010\nRevision) is not authorised to formalise a domestic partnership unless the person\nis also appointed as a domestic partnership officer under this Law.\n(2) No person may compel a marriage officer appointed under the Marriage Law\n(2010 Revision) to permit the use of any place of worship under the control of\nthe marriage officer for the formalisation of a domestic partnership.\n\nClause 30\nDomestic Partnership Bill, 2020\n\nPage 34\n Introduced\nc\n\nPART 11 - MARITIME DOMESTIC PARTNERSHIPS\n30.\nMaritime domestic partnerships: interpretation\n30. In sections 31 to 35 \u2014\n\u201cCayman Islands ship\u201d has the meaning given in section 2 of the Merchant\nShipping Law (2016 Revision);\n\u201chigh seas\u201d means all parts of the sea that are not included in the territorial sea\nor the internal waters of a state or territory;\n\u201cmaster\u201d includes every person (except a pilot) having command or charge of\nany ship; and\n\u201cRegistrar of Shipping\u201d means the Registrar of Shipping appointed under\nsection 10 of the Maritime Authority Law (2013 Revision).\n31.\nMaritime domestic partnerships: domestic partnership officers\n31. (1) The Deputy Governor may grant a licence to the master of a Cayman Islands\nship to be a domestic partnership officer for the purposes of this Law.\n(2) An application for the grant to a master of a Cayman Islands ship of a licence to\nbe a domestic partnership officer shall be made in writing to the Deputy\nGovernor and shall state the full name of the applicant, the applicant\u2019s address\nand date of birth, and shall contain such other particulars as may be prescribed.\n(3) An application under subsection (2) shall be forwarded to the Registrar of\nShipping accompanied by a certificate of the applicant\u2019s qualifications to be a\nmaster of a Cayman Islands ship and a letter of the applicant\u2019s appointment to\nserve on board a Cayman Islands ship.\n(4) The Registrar of Shipping, on being satisfied that the application contains\nsufficient information to enable the application to be considered by the Deputy\nGovernor, shall forward the application to the Registrar with the Deputy\nGovernor\u2019srecommendation on the application.\n(5) Every licence granted by the Deputy Governor under this section shall have\neffect as from such date and shall be valid for such period as may be specified\nin the licence, and may, by the terms of the licence, limit to any particular\nCayman Islands ship or ships, the functions of the master so licensed.\n(6) A licence granted by the Deputy Governor under this section shall be in the\nprescribed form.\n(7) The Registrar shall publish a notice in the Gazette as soon as practicable after\nthe grant of a licence under this section.\n(8) The Deputy Governor may, at any time and without assigning any reason,\nrevoke a licence granted by the Deputy Governor under this section.\n\nDomestic Partnership Bill, 2020\nClause 32\n\nc\n Introduced\nPage 35\n\n(9) A domestic partnership officer may, at any time by notice in writing to the\nDeputy Governor, surrender his or hericence.\n(10) The Registrar shall give notice in the Gazette of every revocation of a licence\nunder subsection (8) or surrender of a licence under subsection (9).\n32.\nMaritime domestic partnerships: provisional domestic partnership officers\n32. (1) The Deputy Governor may grant a licence to a person who is the second in\ncommand to the master of a Cayman Islands ship to be a provisional domestic\npartnership officer for the purposes of this Law.\n(2) The making of an application for a licence under subsection (1) and the way the\napplication is dealt with shall be the same as an application for a licence under\nsection 31(2) to (4).\n(3) Section 31(5) to (10) shall apply, with necessary modifications, to a licence\ngranted under subsection (1).\n(4) Notwithstanding subsections (2) and (3), a licence granted under subsection (1)\nshall be granted subject to the condition that the licensee shall formalise a\ndomestic partnership only if the licensee is, at the time scheduled for the\nformalisation of the domestic partnership, the master of a Cayman Islands ship;\nand the licensee shall be deemed to be a domestic partnership officer for that\npurpose.\n33.\nMaritime domestic partnerships: register of domestic partnership officers\n33. The Registrar shall keep affixed in a conspicuous place in the office of the RegistrarGeneral a list showing the names of all domestic partnership officers licensed under\nsection 31 and the names of the Cayman Islands ships on which they are serving.\n34.\nMaritime domestic partnerships: general provisions\n34. (1) Subject to the requirements of this Law relating to notice of domestic\npartnership and the issue of a licence for domestic partnership, a domestic\npartnership may be formalised before a domestic partnership officer on the high\nseas under the authority of a licence for domestic partnership.\n(2) A domestic partnership may be formalised before a domestic partnership officer\non the high seas without notice of domestic partnership or the issue of any\nlicence for domestic partnership under the authority of a special licence.\n(3) A domestic partnership in extremis may be formalised on the high seas by a\ndomestic partnership officer in accordance with section 15.\n(4) A domestic partnership formalised in the manner provided in this Law on board\nCayman Islands ships on the high seas before a domestic partnership officer\nshall be as valid in law as if it had been formalised in the Islands.\n\nClause 35\nDomestic Partnership Bill, 2020\n\nPage 36\n Introduced\nc\n\n(5) In this section, \u201cdomestic partnership officer\u201d means one granted a licence\nunder section 31 or 32.\n35.\nMaritime domestic partnerships: notices and register\n35. (1) The Registrar shall indicate on any notice published in relation to a maritime\ndomestic partnership that it relates to a maritime domestic partnership.\n(2) The Domestic Partnerships Register shall contain a separate part for the\nregistration of maritime domestic partnerships.\nPART 12 - OVERSEAS RELATIONSHIPS TREATED AS\nDOMESTIC PARTNERSHIPS\n\n36.\nMeaning of \u201coverseas relationships\u201d\n36. (1) For the purposes of this Law, \u201coverseas relationship\u201d means a relationship\nwhich is \u2014\n(a)\neither a specified relationship or a relationship which meets the general\nconditions in section 37(4); and\n(b) registered (whether before or after the commencement date) with a\nresponsible authority in a country or territory outside the Islands in\naccordance with the relevant law, by two persons neither of whom is\nalready in a domestic partnership or lawfully married,\nbut does not include marriage contracted between parties who are respectively\nmale and female.\n(2) In this section and sections 37 to 39, \u201crelevant law\u201d means the law of the\ncountry or territory where the relationship is registered, including its rules of\nprivate international law.\n37.\nSpecified relationships and the general conditions\n37. (1) \u201cSpecified relationship\u201d means one of the relationships listed by reference to\nthe respective overseas jurisdictions listed in Schedule 2.\n(2) The Cabinet may by Order amend Schedule 2.\n(3) No Order shall be made under subsection (2) to add an overseas relationship to\nthe list in Schedule 2 unless the Cabinet is satisfied that the overseas relationship\nis established or recognised under the relevant law and the relevant law meets\nthe general conditions.\n(4) The \u201cgeneral conditions\u201d referred to in subsection (3) are that the relevant\nlaw \u2014\n\nDomestic Partnership Bill, 2020\nClause 38\n\nc\n Introduced\nPage 37\n\n(a)\nprohibits a person from entering into the relationship if either party is\nalready a party to a similar relationship or married, and requires that during\nthe relationship the parties may not enter into another similar relationship\nor marry anyone else;\n(b) requires that the parties explicitly consent to entering into the relationship;\n(c)\nprovides that the relationship ends only \u2014\n(i)\non the death of a party; or\n(ii) by a judicial or other process that would be recognised under the law\nof the Islands as a dissolution or an annulment; and\n(d) does not permit or recognise the relationship if the parties are related as \u2014\n(i)\nparent and child (including an adopted child);\n(ii) siblings or half-siblings; or\n(iii) grandparent and grandchild.\n38.\nOverseas relationships treated as domestic partnerships\n38. (1) Two persons are to be treated as having entered into a domestic partnership as\na result of having registered an overseas relationship under the relevant law if,\nunder that law, they \u2014\n(a)\nhad capacity to enter into the relationship; and\n(b) met all requirements necessary to ensure the formal validity of the\nrelationship.\n(2) Subject to subsection (3), the date on which the parties are to be treated as\nhaving entered into the domestic partnership is \u2014\n(a)\nthe date on which the overseas relationship is registered (under the relevant\nlaw) as having been entered into; or\n(b) if later, the date on which both parties have attained the age of eighteen\nyears.\n(3) Subject to subsection (4), if the overseas relationship is registered under the\nrelevant law as having been entered into before the commencement date, then,\nfrom the commencement date, the parties are to be treated as having entered into\na domestic partnership \u2014\n(a)\non the date on which the overseas relationship was registered under the\nrelevant law as having been entered into; or\n(b) if later, the date on which both parties have attained the age of eighteen\nyears.\n(4) Subsection (3) does not apply if a dissolution or an annulment of the overseas\nrelationship was obtained outside the Islands which would be recognised in the\nIslands had the overseas relationship been treated as a domestic partnership at\nthe time of the dissolution or the annulment.\n\nClause 39\nDomestic Partnership Bill, 2020\n\nPage 38\n Introduced\nc\n\n(5) Cabinet may by regulations make such further provision as it considers\nnecessary with respect to the treating of overseas relationships as domestic\npartnerships in the Islands.\n39.\nPublic policy exception\n39. Two persons are not to be treated as having entered into a domestic partnership as a\nresult of having entered into an overseas relationship if it would be manifestly\ncontrary to public policy to recognise the capacity, under the relevant law, of one or\nboth of them to enter into that relationship.\nPART 13 - BREAKDOWN, DISSOLUTION AND FINANCIAL\nRELIEF\n40.\nApplication of the Matrimonial Causes Law (2005 Revision) and the\nMaintenance Law (1996 Revision)\n40. The Matrimonial Causes Law (2005 Revision), the Maintenance Law (1996 Revision)\nand the rules and regulations made under those Laws shall apply to proceedings\nbrought in respect of the breakdown and dissolution of domestic partnerships and\nrelated financial relief in such proceedings, as they apply in respect of matrimonial\nproceedings.\nPART 14 - OFFENCES IN CONNECTION WITH DOMESTIC\nPARTNERSHIPS\n41.\nOffences\n41. (1) A person commits an offence if the person \u2014\n(a)\nknowingly and wilfully purports to formalise a domestic partnership\nwithout being the Registrar, a Deputy Registrar or a domestic partnership\nofficer;\n(b) being the Registrar, a Deputy Registrar or a domestic partnership officer,\nformalises a domestic partnership \u2014\n(i)\nknowing that the domestic partnership is void on any ground; or\n(ii) knowing that it is an irregular domestic partnership; or\n(iii) accepts or publishes a notice, or issues a licence, in respect of any\nintended domestic partnership knowing that the domestic partnership\nwould be void or irregular;\n(c)\nis a party to a domestic partnership, knowing that the domestic partnership\nis void on any ground and that the other party believes it to be valid;\n\nDomestic Partnership Bill, 2020\nClause 41\n\nc\n Introduced\nPage 39\n\n(d) personates any other person in a domestic partnership or enters into a\ndomestic partnership under a false name or description, with intent to\ndeceive the other party to the domestic partnership;\n(e)\nin any declaration, notice, statement, certificate, entry, licence or\ndocument required by any of the provisions of this Law to be made, given\nor issued for the purposes of a domestic partnership, declares, states,\ncertifies or enters any material matter or thing which the person knows to\nbe false; or\n(f)\nattempts or aids or abets the commission of an offence under any of the\npreceding paragraphs,\nand is liable on conviction on indictment to a term of imprisonment of four\nyears.\n(2) Without prejudice to the effect of subsection (1)(c) or (d), a person commits an\noffence if the person \u2014\n(a)\nis a party to a domestic partnership knowing that it is void on any ground\nor knowing that it is an irregular domestic partnership;\n(b) enters into a domestic partnership under a false name or description; or\n(c)\nattempts or aids or abets the commission of an offence under either of the\npreceding paragraphs,\nand is liable on conviction on indictment to fine of ten thousand dollars, a term\nof imprisonment of two years, or to both.\n(3) A person commits an offence if the person attempts to prevent a domestic\npartnership by pretending that there is any legal impediment to the domestic\npartnership knowing that the pretence is false, or having no reason to believe\nthat it is true, and is liable on conviction on indictment to fine of ten thousand\ndollars, a term of imprisonment of two years, or both.\n(4) Any domestic partnership officer who, without reasonable cause or excuse, fails\nwithin seven days after the formalisation of any domestic partnership to transmit\nto the Registrar a duplicate statement in accordance with section 21 commits an\noffence, and is liable on summary conviction to a fine of five thousand dollars.\n(5) For the purpose of this section, \u201cirregular domestic partnership\u201d means a\ndomestic partnership (other than a void domestic partnership or a domestic\npartnership in extremis) formalised \u2014\n(a)\nwithout any notice given of the domestic partnership as required by\nthis Law;\n(b) without the authority \u2014\n(i)\nof a domestic partnership licence issued by the Registrar under by\nsection 9; or\n\nClause 42\nDomestic Partnership Bill, 2020\n\nPage 40\n Introduced\nc\n\n(ii) of a special licence granted by the Deputy Governor under\nsection 10;\n(c)\nafter the expiration of three months from the date of the issue of a domestic\npartnership licence or from the date of the grant of a special licence; or\n(d) before the removal of a caveat entered against the issue of a licence.\n(6) A prosecution under this section shall not be instituted without the written\nconsent of the Director of Public Prosecutions.\nPART 15 - MISCELLANEOUS\n42.\nEvidence of domestic partnership by means of Register\n42. Every entry in the Domestic Partnerships Register kept by the Registrar under this\nLaw, and every copy of any such entry purporting to be certified as a true copy under\nthe hand and seal of the Registrar, shall be received in all courts and in all proceedings\nas evidence of the domestic partnership to which the entry relates.\n43.\nInformation may be recorded in electronic form\n43. The information contained in any register, book or other document required to be kept\nby the Registrar under this Law may be recorded and kept by the Registrar in\nelectronic form or such other form as the Registrar thinks fit, provided that it is\npossible to inspect the information and to produce a copy of it in legible form.\n44.\nUse of foreign language\n44. Where any party to a domestic partnership is not conversant with the English\nlanguage, then the statements and declarations required by this Law to be used in the\nformalisation of the domestic partnership shall, so far as they affect or are to be used\nby that party, be made in the language which that party commonly uses.\n45.\nAnnual report\n45. The Registrar shall within ninety days after the expiration of every calendar year,\ncompile for publication in such form and manner as the Deputy Governor may\napprove, a summary of the domestic partnerships registered under this Law during\nthat year.\n\nDomestic Partnership Bill, 2020\nClause 46\n\nc\n Introduced\nPage 41\n\nPART 16 - CONSEQUENTIAL AND RELATED AMENDMENTS\n46.\nApplication by reference of enactments relating to marriage etc.\n46. (1) In any enactment, whether passed before or after the commencement date, the\nwords and expressions listed in the first column of the table shall, in the case of\na person in a domestic partnership, in each place be read as the corresponding\nword or expression in the second column unless \u2014\n(a)\nthe context otherwise requires;\n(b) the enactment is specifically amended; or\n(c)\nthe enactment contains an express provision to the contrary \u2014\n\nconjugal\npertaining\nto\ndomestic\npartnership\ndissolution (of marriage)\ndissolution\n(of\ndomestic\npartnership)\ndivorce\ndissolution\ndivorced\nformer domestic partner where\ndomestic partnership dissolved\nformer spouse\nformer domestic partner where\ndomestic partnership dissolved\nor annulled\nhusband\ndomestic partner\nhusband and wife\nthe\nparties\nto\na\ndomestic\npartnership\nmarital\npertaining\nto\ndomestic\npartnership\nmarriage\ndomestic partnership\nmarried\nparty to a domestic partnership\nmarry\nenter into a domestic partnership\nmatrimonial\ndomestic partnership\n\nClause 47\nDomestic Partnership Bill, 2020\n\nPage 42\n Introduced\nc\n\nconjugal\npertaining\nto\ndomestic\npartnership\nnext of kin\nincludes domestic partner\nrelative\nincludes domestic partner\nremarriage\nentering\ninto\na\nsubsequent\ndomestic partnership or marriage\nremarry\nentering\ninto\na\nsubsequent\ndomestic partnership or marriage\nseparated (of spouses)\nseparated (of domestic partners)\nspouse\ndomestic partner\nwidow or widower\nsurviving domestic partner.\nPART 17 - PROVISIONS RELATING TO MARRIAGE\n47.\nClarification of the law of marriage\n47. Unless a marriage falls within section 48, a marriage is void unless the parties are\nrespectively male and female.\n48.\nSaving for certain same sex marriages\n48.  (1) Notwithstanding sections 38 and 47, nothing in this Law prevents the\nrecognition in the Islands of a marriage lawfully entered into and registered in\nan overseas jurisdiction under the relevant law of that jurisdiction before the\ncommencement date by two persons of the same sex if \u2014\n(a)\nboth parties met all requirements necessary to ensure the formal validity\nof the marriage under the relevant law; and\n(b) at the time of the marriage each party was domiciled in the Islands or had\ncapacity to enter into the marriage under the place of each party\u2019s domicile,\nprovided that both parties were eighteen years or older at the time of the\nmarriage.\n(2) In relation to a marriage falling within subsection (1), any reference in any\nenactment to marriage, the parties to marriage or the dissolution of marriage\nshall be read with the necessary modifications.\n\nDomestic Partnership Bill, 2020\nClause 49\n\nc\n Introduced\nPage 43\n\n(3) No action shall lie against any person for any act or omission before the\ncommencement date relating to any failure to recognise a marriage falling\nwithin subsection (1).\n(4) In this section \u201crelevant law\u201d means the law of the country or territory where\nthe relationship is registered, including its rules of private international law.\nPART 18 - FINAL PROVISIONS\n49.\nRegulations and orders\n49. (1) Cabinet may make regulations for the purpose of prescribing forms, fees and\ngenerally for the purpose of giving effect to this Law.\n(2) Regulations and Orders made under this Law are subject to the negative\nresolution procedure.\n50.\nLaw binding on Crown\n50. This Law binds the Crown.\n\nDomestic Partnership Bill, 2020\n\nSCHEDULE 1\n\nc\n Introduced\nPage 45\n\n SCHEDULE 1\n(Section 6)\nPROHIBITED DEGREES OF DOMESTIC PARTNERSHIP\n1.\nA person may not enter into a domestic partnership with the person\u2019s \u2014\n\n(a)\ngrandparent; parent; child; grandchild; sibling;\n(b)\nparent\u2019s sibling; sibling\u2019s child;\n(c)\ngrandparent\u2019s former spouse or domestic partner; parent\u2019s former\nspouse or domestic partner; spouse\u2019s or domestic partner\u2019s\ngrandparent; spouse\u2019s or domestic partner\u2019s parent;\n(d)\nspouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s\ngrandchild; child\u2019s former spouse or domestic partner;\n(e)\ngrandchild\u2019s former spouse or domestic partner.\n(f)\ngrandparent; parent; child; grandchild; sibling;\n(g)\nparent\u2019s sibling; sibling\u2019s child;\n(h)\ngrandparent\u2019s former spouse or domestic partner; parent\u2019s former\nspouse or domestic partner; spouse\u2019s or domestic partner\u2019s\ngrandparent; spouse\u2019s or domestic partner\u2019s parent;\n(i)\nspouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s\ngrandchild; child\u2019s former spouse or domestic partner;\n(j)\ngrandchild\u2019s former spouse or domestic partner.\n(k)\ngrandparent; parent; child; grandchild; sibling;\n(l)\nparent\u2019s sibling; sibling\u2019s child;\n(m)\ngrandparent\u2019s former spouse or domestic partner; parent\u2019s former\nspouse or domestic partner; spouse\u2019s or domestic partner\u2019s\ngrandparent; spouse\u2019s or domestic partner\u2019s parent;\n(n)\nspouse\u2019s or domestic partner\u2019s child; spouse\u2019s or domestic partner\u2019s\ngrandchild; child\u2019s former spouse or domestic partner;\n(o)\ngrandchild\u2019s former spouse or domestic partner.\n\n2.\nThe prohibited degrees of domestic partnership apply whether the relationships\ndescribed in paragraph 1 are by the whole blood or by the half blood.\n\nSCHEDULE 2\nDomestic Partnership Bill, 2020\n\nPage 46\n Introduced\nc\n\n3.\nIn this Schedule, \u201cspouse\u201d and \u201cdomestic partner\u201d include a former spouse or\nformer domestic partner, whether alive or deceased, and whether the marriage or\ndomestic partnership was terminated by death, dissolution, or otherwise.\n4.\n(1) Two persons who are within the prohibited degrees of affinity, but who are not\nwithin the prohibited degrees of consanguinity, may apply to the Grand Court\nfor an order under this paragraph.\n(2) On an application under subparagraph (1), the Grand Court may make an order\ndisapplying section 6(1) as it applies to the applicants.\n(3) The Clerk of the Court shall send a copy of the order to the Registrar.\n5.\nCabinet may, by Order, amend this Schedule and make such transitional or further\nprovision as it considers necessary in consequence.\n\n SCHEDULE 2\n(Section 37)\nSPECIFIED RELATIONSHIPS\nList of specified relationships for purposes of section 37\nCountry or territory\nDescription\nAndorra\nuni\u00f3n estable de parella or partnership\ndomestic\nArgentina\nmarriage\nArgentina: Autonomous City of Buenos\nAires\nuni\u00f3n domestic\nAustralia: Australian Capital Territory\ncivil partnership\nAustralia: New South Wales\nregistered relationship registered\nAustralia: Queensland\ncivil partnership\nAustralia: Tasmania\nsignificant relationship\nAustralia: Victoria\nregistered domestic relationship\nAustria\neingetragene Partnerschaft\nBelgium\ncohabitation l\u00e9gale, wettelijke\nsamenwoning or gesetzliches\nzusammenwohnen\nBelgium\nmarriage\nBrazil\nmarriage\nBrazil\nuni\u00e3o est\u00e1vel or casamento civil\nhomoafetivo\nCanada\nmarriage\nCanada: Manitoba\ncommon-law relationship or union de fait\n\nDomestic Partnership Bill, 2020\n\nSCHEDULE 2\n\nc\n Introduced\nPage 47\n\nCountry or territory\nDescription\nCanada: Nova Scotia\ndomestic partnership\nCanada: Quebec\nunion civile or civil union\nColombia\nuni\u00f3n marital de hecho\nCzech Republic\nregistrovan\u00e9 partnertsv\u00ed\nDenmark\nmarriage\nDenmark\nregistreret partnerskab\nEcuador\nuni\u00f3n civil\nFinland\nrekister\u00f6ity parisuhde or registrerad\npartnerskap\nFrance\npacte civil de solidarit\u00e9\nGermany\ngleichgeschlechtliche Ehe\nGermany\neingetragene lebenspartnerschaft\nGibraltar\ncivil partnership\nGreenland\nnalunaarsukkamik inooqatigiinneq or\nregistreret partnerskab\nHungary\nbejegyzett \u00e9lett\u00e1rsi kapcsolat\nIceland\nmarriage\nIceland\nsta\u00f0festa samvist\nIreland\nmarriage\nIreland\ncivil partnership\nIsle of Man\ncivil partnership\nJersey\ncivil partnership\nLiechtenstein\neingetragene partnerschaft\nLuxembourg\npartenariat l\u00e9gal or eingetragene\npartnerschaft\nMalta\n\u017bwie\u0121 bejn l-istess sess\nMalta\nunjoni \u010bivili\nMexico: Coahuila\npacto civil de solidaridad\nMexico: Mexico City Federal District\nmarriage\nMexico: Mexico City Federal District\nsociedad de convivencia\nNetherlands\ngeregistreerd partnerschap\nNetherlands\nmarriage\nNew Zealand\ncivil union\nNorway\nmarriage\nNorway\nregistrert partnerskap\nPortugal\nmarriage or uni\u00e3o de facto\nSlovenia\nzakon o registraciji istospolne partnerske\npartnerske skupnosti\nSouth Africa\nmarriage\nSouth Africa\ncivil partnership\nSpain\nmarriage or pareja de hecho\n\nSCHEDULE 2\nDomestic Partnership Bill, 2020\n\nPage 48\n Introduced\nc\n\nCountry or territory\nDescription\nSweden\nmarriage\nSwitzerland\neingetragene partnerschaft, partenariat\nenregistr\u00e9 or partnershipe domestica\nregistrata\nUnited Kingdom: England & Wales\nmarriage\nmarriage\nUnited Kingdom: England & Wales\ncivil partnership\nUnited Kingdom: Northern Ireland\ncivil partnership\nUnited Kingdom: Scotland\nmarriage\nUnited Kingdom: Scotland\ncivil partnership\nUnited States of America (including the\nunincorporated territories of Guam, the\nNorthern Mariana Islands, Puerto Rico\nand the United States Virgin Islands)\nmarriage\nUnited States of America: California\ndomestic partnership\nUnited States of America: Colorado\nthe relationship between designated\nbeneficiaries\nUnited States of America: Connecticut\ncivil union\nUnited States of America: Delaware\ncivil union\nUnited States of America: Hawaii\ncivil union\nUnited States of America: Hawaii\nreciprocal beneficiary relationship\nUnited States of America: Illinois\ncivil union\nUnited States of America: Maine\ndomestic partnership\nUnited States of America: Nevada\ndomestic partnership\nUnited States of America: New Jersey\ncivil union\n\nPassed by the Legislative Assembly the\nday of\n\n, 2020.\n\nSpeaker\n\nClerk of the Legislative Assembly","akn_extracted_at":"2026-06-22 15:42:16.025345+00","cms_id":"2020-0032","law_type":"bill","year":"2020","number":"32","title":"Youth Justice (Amendment) Law, 2020 (Law 32 of 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extracted text; repeated line furniture detected: cayman islands x3; domestic partnership bill 2020 x46; introduced x44","assessed_at":"2026-06-22 15:29:46.722772+00","updated_at":"2026-06-22 15:29:46.722772+00"}}