s.40Overseas relationships treated as civil partnerships
40
Section 40Part 12 — OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS

Overseas relationships treated as civil partnerships

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40. (1) Two persons are to be treated as having entered into a civil partnership as a result of having registered an overseas relationship under the relevant law if, under that law, they —
had capacity to enter into the relationship; and
met all requirements necessary to ensure the formal validity of the relationship.
Subject to subsection (3), the date on which the parties are to be treated as having entered into the civil partnership is — Section 41 Civil Partnership Law, 2020 Page 28 Law 35 of 2020 c
the date on which the overseas relationship is registered (under the relevant law) as having been entered into; or
if later, the date on which both parties have attained the age of eighteen years.
Subject to subsection (4), if the overseas relationship is registered under the relevant law as having been entered into before the commencement date, then, from the commencement date, the parties are to be treated as having entered into a civil partnership —
on the date on which the overseas relationship was registered under the relevant law as having been entered into; or
if later, the date on which both parties have attained the age of eighteen years.
Subsection (3) does not apply if a dissolution or an annulment of the overseas relationship was obtained outside the Islands which would be recognised in the Islands had the overseas relationship been treated as a civil partnership at the time of the dissolution or the annulment.
The Governor may by regulations make such further provision as it considers necessary with respect to the treating of overseas relationships as civil partnerships in the Islands.

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