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Extension to Same Sex Marriage Legislation

An extension to existing legislation has meant that couples who have a civil partnership registered abroad or elsewhere in the UK can now marry in Scotland.

From Monday 2nd November, civil partners registered outside Scotland are able to change their relationship to a marriage by having a ceremony here. Previously, the legislation meant only civil partnerships registered in Scotland could be changed.

Scotland passed the Marriage and Civil Partnership (Scotland) Act in 2014, and since then more than 1,000 same sex couples have married in Scotland.

“We very much welcome this change, which is a small but important piece of unfinished business from the equal marriage legislation last year,” commented Tim Hopkins, Director of the Equality Network.

“Without this, same-sex couples living in Scotland who have registered a civil partnership out with Scotland would be unable to marry in Scotland unless they live apart for a year first to dissolve their civil partnership,” he said. “That’s obviously not an option for most couples, and now they will be able to marry in the usual way, changing their civil partnership directly to a marriage.”

“The number of couples in this situation is relatively small, but the value of the change to them is huge,” he added.

The Scottish Government is currently consulting on the future of civil partnerships in Scotland, and this consultation closes on 15th December.

There is no obligation on couples to change their civil partnership into a marriage - it is entirely a decision for couples themselves.

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For further information on our  family law services, please contact us today at our Stirling office on 01786 235 235, or at our Tillicoultry office on 01259 753330, to speak to our solicitors.

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