Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

5.

Recognition of registered foreign relationships.

5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into—

( a) the relationship is exclusive in nature,

( b) the relationship is permanent unless the parties dissolve it through the courts,

( c) the relationship has been registered under the law of that jurisdiction, and

( d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership.

F2 [ (1A) For the purposes of subsection (1) , a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.

(1B) Subsection (1A) shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011. ]

(2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of—

( a) the day which is 21 days after the date on which the order is made, and

( b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into.

(3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26 ).

(4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110 , and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of—

( a) the day which is 21 days after the date on which the order is made, and

( b) the day on which the dissolution became effective under the law of the relevant jurisdiction.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

Annotations:

Amendments:

F2

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 36, S.I. No. 357 of 2015.

Editorial Notes:

E5

Power pursuant to section exercised (3.03.2016) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016 (S.I. No. 132 of 2016).

E6

Power pursuant to section exercised (19.05.2014) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 (S.I. No. 212 of 2014).

E7

Power pursuant to section exercised (10.12.2013) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 (S.I. No. 490 of 2013).

E8

Power pursuant to section exercised (10.12.2012) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 (S.I. No. 505 of 2012).

E9

Power pursuant to section exercised (4.12.2011) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 (S.I. No. 642 of 2011).

E10

Power pursuant to section exercised (23.12.2010) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 (S.I. No. 649 of 2010).