Section 39Part 12 — OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS
Specified relationships and the general conditions
←→ Navigate · Click subsection badges to collapse · Press ? for help
39. (1) “Specified relationship” means one of the relationships listed by reference to the respective overseas jurisdictions listed in Schedule 2.
The Governor may by Order amend Schedule 2.
No Order shall be made under subsection (2) to add an overseas relationship to the list in Schedule 2 unless the Governor is satisfied that the overseas relationship is established or recognised under the relevant law and the relevant law meets the general conditions.
The “general conditions” referred to in subsection (3) are that the relevant law —
prohibits a person from entering into the relationship if either party is already a party to a similar relationship or married, and requires that during the relationship the parties may not enter into another similar relationship or marry anyone else;
requires that the parties explicitly consent to entering into the relationship;
provides that the relationship ends only —
on the death of a party; or of the Islands as a dissolution or an annulment; and
by a judicial or other process that would be recognised under the law
does not permit or recognise the relationship if the parties are related as —
parent and child (including an adopted child);
siblings or half-siblings; or
grandparent and grandchild.
Referenced By
- Section 2 — Interpretation
meaning of specified relationship