Change a civil partnership registered outside Scotland into a marriage
If you are in a same-sex civil partnership registered outside Scotland, you can choose to convert it into a marriage here. This is entirely your decision, and there is no legal obligation to do so.
Some countries may refer to civil partnerships by other names, such as “registered partnership” or “civil union”. In Scotland, these are regarded as civil partnerships if they meet certain criteria.
Before proceeding, you may wish to seek independent legal advice. This is especially important if you live outside Scotland or plan to move abroad, as not all countries will recognise your marriage.
Who can apply
You can apply if your civil partnership:
- was registered outside Scotland
- is recognised as a civil partnership under Scottish law
- was formed by two people of the same sex
- was legally valid in the country where it was registered
- was not formed while either person was already married or in another civil partnership
If your partnership was registered in England, Wales or Northern Ireland, it is automatically recognised as a civil partnership in Scotland.
What you need to do
To convert your civil partnership into a marriage in Scotland, you must:
- give notice of your intention to marry
- wait at least 28 clear days (the marriage notice period)
- meet the legal requirements for marriage in Scotland (for example, not being closely related)
- pay the same fees as for any other marriage
- choose a civil or religious or belief ceremony (if the celebrant is authorised to conduct same-sex marriages)
You must also provide your civil partnership certificate or equivalent proof to the registrar.
What happens after marriage
Once you are married:
- your civil partnership will end under Scottish law
- you will be legally married from the later of your civil partnership registration date or 5 December 2005
Considerations
Your marriage may not be recognised in your home country or elsewhere. This could affect:
- your legal status
- property rights
- inheritance
- pensions
- parental rights
You may need to seek legal advice in another country to clarify your status. If you later divorce or dissolve the relationship, there may be legal complications, especially if the marriage isn't recognised abroad.
Learn more
For further information, visit:
Local registrars can assist with this process.