Civil PartnershipPreliminaries to a valid Civil PartnershipTo contract a valid civil partnership in this State, the parties to the civil partnership must:
Minimum Age for Civil PartnershipThe Minimum age at which a person may legally contract into a civil partnership, is eighteen years of age. All persons giving notice of intention to enter into a civil partnership must provide a Registrar with evidence of age and identity. Failure to produce such evidence will result in refusal to proceed with the civil partnership registration. Civil Partnership Notification ProcessPersonal Notification The requirement to give three months notice of intention to enter a civil partnership to a Registrar is a legal requirement for a valid civil partnership. A civil partnership will not be valid in law unless the three months notice has been given. Every couple intending to enter into a civil partnership in the State must attend (by appointment only) at the office of a Registrar, in person, to give at least three months notice of intention to enter into a civil partnership. For example, any couple entering into a civil partnership on or after 01 August 2011 must have given notification to a Registrar on or before 01 May 2011. The notification can be given at any Registrar’s office. It does not have to be a Registrar in the area where the civil partnership registration is to take place or where the couple are living. It may, for example, be more convenient for a couple to attend a Registrar’s office near their place of work. Whichever office you choose to attend, you must make a prior appointment with a Registrar. While a minimum of three months’ notice is required by law, couples are advised to contact the Registrar well in advance of three months before their intended date of civil partnership registration to ensure they can get a timely appointment. Details for all civil registration offices can be found on the HSE website. Documentation Required The notification details will be entered on a computerised notification system by the Registrar on the basis of the information given by the parties. When attending the Registrar’s office for notification the parties must pay the appropriate fee and provide the Registrar with evidence of their name, address, date of birth, civil status and nationality. In general, all couples will be asked to produce:
Additional documentation may be required in some cases, such as where a divorce has been granted outside the State and it must be determined whether it is entitled to recognition under Irish law. The Registrar will advise what is required in each individual case. In addition to their personal particulars, the couple will be requested to provide details in relation to their proposed civil partnership such as:
They will also both have to complete a declaration of no impediment stating that they are not aware of any lawful impediment to the proposed civil partnership. (A list of impediments is contained in Appendix 2.) Once the notification is complete, the Registrar will issue each party to an intended civil partnership with an acknowledgement confirming the date of the receipt of the notification. It should be noted that these acknowledgements are for record purposes only, and are not intended to be a licence or certificate signifying the approval of the Registrar concerned to any proposed civil partnership. All the other legally required civil partnership preliminaries, as set out in this booklet, must also be complied with. It is also important to note that the Registrar will not confirm a date for the civil partnership until such time as the notification process is complete. A person who registers or is a party to a civil partnership where he/she is aware that the three months notification of intention to enter into a civil partnership has not been given is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both. Postal NotificationsIt is possible for a couple to post a three months notice of intention to enter a civil partnership to the Registrar in very limited circumstances, and only by prior agreement with the Registrar. The circumstances for such a notification are:
or
It is important to note that with a postal notification the couple must still attend the Registrar’s office in person at least 5 days prior to the civil partnership registration to make the declaration of no impediment and provide the necessary documentation and particulars as set out above under 'documentation required’. Note: Special arrangements can be made where one or both parties is/are seriously ill - the Registrar will confirm same if required. Postal notifications of intention to enter into a civil partnership should not be returned to the General Register Office. All such notifications must be returned to the Registrar who issued the postal form. In the case of postal notifications, if either party has been previously married or in a previous civil partnership, they must submit the original final divorce decree, civil partnership dissolution or death certificate of the former spouse(s) or civil partner(s) along with the notification. The Registrar will confirm these requirements when authorisation to give notice by post is sought. ExemptionsThe requirement to give three months notice of intention to enter a civil partnership may be exempted by way of an application to a court. Applications for such exemptions must be made to the Circuit Family Court where either party resides, carries out an occupation, or where the civil partnership is to be registered or the High Court. The court requires applicants for exemptions to show that their applications are justified by demonstrating good reasons and that the granting of the application is in the interests of the parties concerned. In cases where an exemption from the three months notice has been granted the couple must still attend the Registrar’s office in person by appointment at least 5 days before the civil partnership to make the declaration of no impediment and to produce the necessary documentation and particulars set out above. Contact details for all courts can be located on http://courts.ie. The Civil Partnership Registration Form (CPRF)The Civil Partnership Registration Form (CPRF) is completed when the Registrar is satisfied that all required details have been provided and that the couple are free to enter into a civil partnership. In practice, this document will be held by the Registrar until the date of civil partnership registration. The CPRF is the legal document for effecting registration of a civil partnership. It is therefore of the utmost importance that all details provided by the couple at their notification appointment are correct. It is strongly advised that couples bring all documents and information requested by the Registrar to their notification appointment so that the entire process, including completion of the CPRF, can be completed in one meeting.
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