Registering a civil partnership in Scotland
The Civil Partnership Act 2004 came into force on 5th December 2005. Same-sex couples can apply to make a legal commitment to each other by forming a civil partnership. This is done through a statutory civil registration procedure. By doing so the couple gain a range of important rights. Couples do not need to have a formal ceremony. We are able to offer a civil partnership ceremony. This is in addition to the statutory registration.
Only an authorised registrar or assistant registrar can register a civil partnership. A civil partnership registration can take place in either:
A list of Approved Venues within North Ayrshire is available. A list of approved places for Scotland can be obtained from the General Register Office for Scotland website. You can apply for a temporary approval for a place of your choice in North Ayrshire. You should contact staff at the District Court, Townhouse, Irvine. To book a civil partnership registration with or without a ceremony you should contact the registrar. This is to ensure that your preferred date is available.
Who can register a civil partnership in Scotland?
Any two people can register a civil partnership in Scotland. They must meet the requirements below. This is regardless of where they live.
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Both people are at least 16 years of age on the day of their ceremony/registration.
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They are not related to one another in a way which would prevent them registering their civil partnership.
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Each is unmarried or not already registered as a civil partner. Any person who has already been married or registered as a civil partner must produce evidence that the previous marriage or civil partnership registration has been ended by death, divorce, annulment or dissolution.
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They are of the same sex.
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They are capable of understanding the nature of a civil partnership and of consenting to its formation.
See General Register Office Scotland website for the forbidden degrees of relationship for civil partnership.
How and when to give notice
By law both parties to a civil partnership must complete a civil partnership notice form. The completed forms should be submitted to the registrar for the district where the partnership will take place. For a civil partnership registration in Scottish Waters it will be the registrar who is conducting the civil partnership that will accept the notices. You should submit the notices together with the appropriate fees and documents. Civil Partnership notice forms (PDF 56.27kb)can be obtained from any registration office.
Timing is important. The notices must be submitted in good time. The registrar must be satisfied you are free to register a civil partnership. Normally notices should be submitted about four weeks before the civil partnership registration. If either party has been previously married or in a civil partnership the notices should be submitted six weeks beforehand. The minimum period of notice is 15 days before the date of the proposed civil partnership registration. You must submit your paperwork on time. You may need to postpone your ceremony/registration if you don't.
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Only in special circumstances will the Registrar General allow a civil partnership registration to take place before 15 clear days' notice.
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Both partners do not need to attend the registrar's office to hand in your civil partnership notices. One of you may be asked to attend personally before the date of the civil partnership registration. This might be necessary to finalise arrangements with the registrar.
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Every person giving notice is required to sign a declaration. This states that the information given on the notice is correct. As a safeguard against the possibility of simultaneous civil partnership registrations a further check of the information is made by the Registrar General's Office.
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In certain circumstances the registrar will ask to see your valid passport or other documents to provide proof of your nationality.
Documents to be produced when giving notice
When submitting the civil partnership notice forms to the registrar each of you must supply the documents listed below.
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Your birth certificate.
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A decree of divorce or dissolution or annulment or a certified copy decree. A decree of divorce or dissolution granted outwith Scotland must be absolute or final. A decree nisi is not acceptable. This would only be required where you were previously married or in a civil partnership.
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The death certificate of your former spouse or civil partner if applicable.
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A certified translation in English must also be provided if any documents are in a language other than English.
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If you are subject to immigration controls you may have to provide extra documentation. If you are in any doubt about what is required contact the registrar.
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A fee for the civil partnership registration and, if applicable, for the attendance of a registrar at an agreed place is payable to the registrar in advance.
Do not delay giving notice simply because you are waiting for any of the documents mentioned above. If time is getting short it is better to give notice first. The original documents can then be shown to the registrar when they become available. All documents must be shown to the registrar before the civil partnership registration can go ahead.
Visiting the registrar
The registrar will check the civil partnership notice forms and accompanying documents. The registrar will publish details on the List of Intended Civil Partnerships. This is displayed in the registration office in Irvine.
The civil partnership schedule
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The schedule is an important document. A civil partnership cannot go ahead without it .
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The registrar will check there is no legal impediment to the civil partnership registration.
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The schedule will be prepared from the information you have given in your notice forms.
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The registrar will bring the civil partnership schedule on the day.
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Both parties must confirm that the information on the civil partnership schedule is correct. Both partners must sign the schedule along with the registrar and two witnesses.
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Witnesses must be 16 years of age or over.
Civil partnership certificate
You can buy copies of the civil partnership registration certificate from the registrar. In most cases this will have been arranged in advance. The current fee at the time of registration is £10.00 at the time of registration or for up to one month from that date. Thereafter the statutory fee of £15.00 per certificate applies. Fees payable to the registrar from 1st April 2011 (reviewed yearly)
All civil partnership registrations are subject to statutory fees which are set by The Registrar General for Scotland.
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Civil partnership notice fees (£60.00).
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Civil partnership registration fee (£55.00).
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Extract fee (£10.00).
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The additional supplement fees for ceremonies have been approved for 2011.
Total fees for civil partnerships at registration offices from 1st April 2011
Monday to Friday daytime
Civil partnership registration/ceremony (statutory fees) £125.00
Civil partnership registration/ceremony (statutory fees with guests) £215.00
Monday to Friday evening (6pm) and Saturday
Civil partnership registration/ ceremony £355.00
Sunday and public holidays
Civil partnership registration/ ceremony £355.00
Total fees for civil partnerships at approved venues from 1st April 2011
Monday to Friday daytime
Civil partnership registration/ ceremony £345.00
Monday to Friday evening (6pm) and Saturday
Civil partnership registration/ ceremony £395.00
Sunday and public holidays
Civil partnership registration/ ceremony £395.00
Two members of staff are required to attend a venue outwith the registration office. The following additional charges will be applied. This is usually with regard to a temporary approval.
Monday to Friday daytime £160.00
Monday to Friday evening (6pm)/ Saturday £175.00
Sunday/ public holiday £175.00
All civil partnership bookings are subject to a £55.00 non-refundable booking fee. This is not an additional charge and will be taken from the final account. If the booking is cancelled or postponed the booking fee will be non-refundable. If the approval for the venue is refused, the booking fee will be non-refundable.
Fees can be paid by credit/ debit card, cash or cheque. Cheques should be made payable to North Ayrshire Council. All fees must be paid in full no later than 7 days before the civil partnership registration date.