Legal Requirements for Forming a Civil Partnership

Each year a number of couples who plan to marry or form a civil partnership make incorrect assumptions about their legal capacity to be married or enter into a civil partnership. Early checks can save you a lot of time and inconvenience. There are essentially three criteria that determine your legal capacity to be married or enter into a civil partnership. These are your age, whether you have previously been married or through a legal civil partnership and your relationship to the person you wish to marry. Each of the sections below deals with each of these areas in more detail.

Your age and how this affects your legal capacity to be married or enter into a civil partnership

If you are over 18 years of age on the planned date of the ceremony then there are no issues relating either to age or consent. If you were born prior to 1st January 1983 you will need to produce a UK passport or your birth certificate. Anyone born after 1st January 1983 needs to produce a UK passport or standard birth certificate as well as your mother's passport or standard birth certificate.
If you are over 16 years of age but have but have not yet reached 18 then you will need to make an appointment with a registrar to discuss whose consent is required and to obtain a consent form. If you are over 16 but have not yet reached 18 and you are widowed or are a surviving civil partner then you do not need consent. You will however need to provide additional documents. Please refer to the section below dealing with previous marriages and civil partnerships.
If you will be 18 within the next fifteen days then there are no legal issues relating to either age or consent.
If you are under 16 years of age then you will need to make an appointment with a registrar to discuss whose consent is required and to obtain a consent form.

Previous marriages and civil partnerships and how these affect your legal capacity to be married or to enter into another civil partnership

Widowed or surviving civil partners

If you are widowed and giving notice then you will need to provide your late spouse's death certificate. If you are a surviving civil partner then you will need to provide your late partner's death certificate.
If you do not have your late wife's, husband's or partner's death certificate then you will need to obtain a copy of the death certificate before you are able to give notice. Copies can be obtained from Registration Services. Please use the link to find out details about how to obtain a copy certificate
If your husband, wife or partner has been missing for seven years or is missing and presumed dead then you will need to make an appointment to meet a registrar to discuss your personal circumstances. Please use the contact details provided to get in touch with Registration Services

Separations, divorces and dissolutions of civil partnerships and how they affect your legal capacity to be married or enter into another civil partnership

If you are in possession of your final divorce paper i.e. a decree absolute or your final order of civil partnership dissolution and your divorce or dissolution was granted by a court in the United Kingdom, then there is no legal reason why you cannot re-marry or enter into another civil partnership. If your divorce or dissolution was granted by a court outside the United Kingdom then you are advised to make an appointment with a registrar to discuss your personal circumstances and to receive advice on translation. Please use the contact details page to get in touch
If you are not in possession of your final divorce or dissolution papers but believe that they were granted then you will need to apply to the court where the divorce or dissolution was granted for copies. This would be necessary in circumstances where the original papers have been mislaid or you have not seen them.
If you are not in possession of your divorce or dissolution papers but believe that they will be granted soon then you will need to wait until you have the original of the decree absolute or final order of civil partnership dissolution before you can give notice. If you make an appointment to give notice before you have received your final documentation and the documentation is subsequently delayed, then you will not be able to give notice.

Annulments of marriages and civil partnerships and how they affect your legal capacity to be married or to enter into another civil partnership

If you are in possession of your final annulment document i.e. decree absolute of nullity or final order or nullity and your annulment was granted by a court in the United Kingdom then there is no legal reason why you cannot re-marry or enter into another civil partnership. If your annulment was granted by a court outside the United Kingdom then you are advised to make an appointment with a registrar to discuss your personal circumstances and to received advice on translation. Please use the contact details to get in touch
If you are not in possession of your final annulment documents but believe that it was granted, then you will need to apply to the court that issued the annulment in order to get a copy of the document. This would be necessary in circumstances where the annulment documents have been mislaid or where you have never seen them.
If you are not in possession of the annulment documents but believe that they will be issued very soon then you will need to wait until you have the original of the decree absolute of nullity or final order of nullity before you can give notice. If you make an appointment to give notice before you have received your final documentation and the documentation is subsequently delayed, then you will not be able to give notice.

Relationships and how they can affect your legal capacity to be married or enter into a civil partnership

If you are related to each other in any way, either by blood, adoption marriage or civil partnership of a relative or step relative then you are advised to speak to a registrar to discuss your personal circumstances. The laws governing relationships are extremely complex and may need expert consideration. Please use the contact details to get in touch
If you are not related to each other in anyway by blood, adoption, marriage or civil partnership of a relative or step relative then there are no legal reasons why you can not be married.

Last Modified: 27/06/2007 13:51:08
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