Void and Voidable Civil Partnerships
Void civil partnerships are not valid where the parties are:
- at the time of the register, either party are not of the same sex, either is already in a civil partnership or marriage, either of them is under the age of 16 or they are within the prohibited degrees of relationship;
- at the time of the register that due notice of proposed civil partnership has not been given, that the civil partnership document has not been issued; that the civil partnership document is void;
- that the place of registration is other than that specified in the civil partnership notice or document;
- that a civil partnership registrar was not present;
- the place of registration is not approved premises; or
- the civil partnership document is void.
Both parties to a civil partnership must be aged over 16 at the time of the ceremony and must not be in a civil partnership.
Voidable civil partnerships arise where:
- either of them did not consent to it’s formation;
- at the time of the civil partnership one of the parties was suffering a mental health disorder so as to be unfit for civil partnership;
- at the time of the civil partnership the respondent was pregnant by some other person;
- that an interim gender recognition certificate was issued to either party at the time of the civil partnership;
- the respondent’s gender has changed from their gender at the time of the civil partnership.
A petition will not be accepted if before the civil partnership, the petitioner knew about the lack of consent, mental unfitness, pregnancy by another, venereal disease or acquired gender if three years have passed from the date of the civil partnership.
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