Civil partnerships
Couples in a same-sex civil partnership registered outside Scotland can choose to change their relationship into a marriage in Scotland. This is entirely optional.
Some countries may offer their own process for converting a civil partnership into a marriage. You may wish to consider that option if you want legal certainty in your home country.
You should seek independent legal advice if you are unsure how your civil partnership in Scotland would be recognised elsewhere.
Eligibility
To change your civil partnership into a marriage in Scotland:
- your relationship must be treated as a civil partnership under Scots law
- it must have been registered by a responsible authority outside the UK
- it must have been formed by two people of the same sex
- neither person can already be married or in another civil partnership
- you must have met the legal requirements in the country where the partnership was registered
Most same-sex registered partnerships, civil unions or similar relationships from outside the UK are treated as civil partnerships in Scotland.
What you need to do
You must go through a marriage ceremony in Scotland. This can be a civil, religious or belief ceremony (if the celebrant has opted in to same-sex marriage).
You must:
- give notice of your intention to marry
- wait at least 28 clear days before the ceremony
- meet the same legal requirements as any other couple getting married in Scotland
- pay the standard marriage fees
- provide your civil partnership certificate or equivalent evidence
Your local registrar can explain what documents are needed.
What happens after the ceremony
Your civil partnership will be treated as having ended, and you will be legally married under Scots law.
You will be considered married from the later of:
- 5 December 2005 (the date same-sex relationships were first recognised in Scotland), or
- the date your civil partnership was originally registered
Important legal considerations
Your marriage may not be recognised in your home country or in other countries. This could affect:
- your legal status
- your rights around property, inheritance or pensions
- how your relationship is treated if you separate or divorce
Some countries may:
- still treat you as being in a civil partnership
- not recognise your relationship at all
- treat your Scottish marriage as a new relationship, starting from the date of the ceremony
You may need to go to court in another country to clarify your legal status.