The Marriage (Same Sex Couples) Act 2013 received royal assent on 17 July 2013.
As a result of this Act it is now lawful for same sex couples to marry in England and Wales.
The main purpose of the Act is to enable same sex couples to marry, either in a civil partnership or, (provided the religious organisation agrees) on religious premises, with the marriage being solemnised through a religious ceremony.
The Act also provides for those already in a civil partnership to convert that relationship to marriage if they wish to do. However, these provisions were not bought into force with the majority of the Act and are due to come into effect on 10 December 2014 through the Marriage of Same Sex Couples (conversion of Civil Partnership) Regulations 2014.
The Act provides that in order for a civil partnership to be converted to a marriage, the parties must both sign a declaration in the presence of each other and the superintendent registrar, confirming they are in a civil partnership and wish to convert it to a marriage. When all signatures are made the couple will be married.
In addition to the above, the act provides that the following must occur:
a) The attendance of both parties at a register office;
b) The registration of the declaration in the conversion register and the issue of a marriage certificate;
c) Provisions for conversions to take place at the residence of a person who is housebound or terminally ill, or place of detention of one of the parties, and
d) The fees for the conversion process must be paid, including the superintendent registrar’s fee of £45.00.
A further instrument will introduce the procedures for those seeking to convert a civil partnership overseas, by either consular or armed forces officials.
Family Lawyers Eastbourne, Hailsham and Polegate
If you require further advice in relation to civil partnerships and marriage please contact our Family Department for a free 30 minute appointment to discuss your circumstances and receive preliminary advice from one of our experienced Family Law Solicitors.
Eastbourne: 01323 727321
Hailsham: 01323 841481
Polegate: 01323 487051
Nicholas Dennis
Alexandra Funnell
Guy Brown
Carolyn Richards
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
