• UK
  • 01:00 22 Nov 2009

Registering a civil partnership

Civil partnership registration allows same sex couples to have their relationship legally recognised under UK law. In Austria, this can be performed at the Consular Section of the British Embassy in Vienna by a British Consular Officer, in accordance with the Civil Partnership (Registration Abroad and Certificates) Order 2005.

Conditions for civil partnership registration

In order to register a civil partnership, the following conditions must be met:
  • Both parties must be British nationals or one party is a British national, the other a non-Austrian foreign national. Please note that the Republic of Austria does not allow any form of civil partnership registration which includes an Austrian national to take place in a foreign consulate on Austrian territory. It is therefore not possible for a British and an Austrian national, including a dual national, to enter into a civil partnership at the British Embassy in Vienna 
  • Both parties would be eligible to register as civil partners in the part of the United Kingdom determined in the Order
  • There are no facilities for the parties to enter into an overseas civil partnership relationship under the law of their country or territory of residence
  • Both parties must be at least 16 years of age. If either party is under 18, the consent of the Secretary of State is required
  • Both parties must first reside for 7 full days in the consular district where the registration is to take place
  • Both parties accept that the onus is on them to ensure that they are free to enter into a civil partnership.

Registration procedure

 

1.      Giving notice of a civil partnership

The British party - or in the case of two British nationals, both of them - must give written notice of his/her intention to register a civil partnership in person to the registration officer at the British Embassy Vienna. Please note that both parties must be present at the giving of notice, as the process includes making a solemn declaration. For information on making an appointment for the giving of notice, please see the section on making appointments below.
 
In the written notice, the parties must state which part of the United Kingdom they wish their partnership to be registered in, and must have some connection with that area.

When giving notice, the following documents must be presented by both parties, in original: 
  • Passport
  • Birth certificate (or relevant Home Office certificate for those who obtained their British citizenship through Home Office naturalisation or registration)
  • Austrian registration documents / "Meldezettel" (or Austrian legitimation card, if applicable)
  • Certificate of No Impediment (CNI): only if one of the partners is not British (and not Austrian: see "Conditions" above), and for the non-British partner only. British nationals do not need a CNI, as the requirement to prove there is no impediment is fulfilled by the giving of written notice (see "Giving notice of a civil partnership" above). Please note that if the non-British partner does not provide a CNI, then registration cannot take place. A CNI can be obtained from:

    - The local authorities in the country in which a person is resident, provided he/she has resided there for at least 21 days
    - Alternatively, a CNI can be issued by the local diplomatic or consular representation of a person's country of nationality. 
  • If one or both parties have previously been married, or have previously entered into a civil partnership:

    - If previously married, the decree absolute or nullity decree, or death certificate of former spouse
    - If previously  in a civil partnership, death certificate or court decree of former partner.

2. Displaying the notice

The notice is then publicly displayed in the British Embassy Consular Section. Provided no objection is raised, the registration of civil partnership can take place from the 15th day onwards after displaying the notice, but within 3 months of giving notice.

3. Registration of the civil partnership

For information on making an appointment for the civil partnership registration, please see the section on making appointments below. The registration is conducted by the Civil Partnership Registration Officer. Both parties must be present at the registration; in addition, two witnesses are required. The witnesses must produce, in original, their passports and Austrian registration documents / "Meldezettel" (or legitimation card, if applicable).
 
There is no formal ceremony as such, however, the couple may make the following declaration if they wish:
 
"I declare that I know of no legal reason why we may not register as each other's civil partner. I understand that on signing this document we will be forming a civil partnership with each other."

Fees

Full fees are payable in cash when giving notice. The relevant fees for the registration of a civil partnership can be found, marked with an asterisk, on the "Consular fees" page on this website, listed as follows: 
  • Receiving a notice of an intended civil partnership
  • Registration of a civil partnership
  • Furnishing a certified copy of an entry in the consular register of birth, death or civil partnerships. 
Only if applicable: 
  • Transmitting a record of an overseas relationship
  • Amending consular register / consular register of civil partnerships. 

Making appointments

Both giving notice of a civil partnership and the registration of the civil partnership require advance appointments. To make your appointments please contact the Consular section on Tel. +43 (0)1 71613-0.

Important note

The information on this website on marrying or entering into a civil partnership in Austria is provided as a general guide and is based upon information provided to the Foreign & Commonwealth Office by the relevant local authorities. The information on this website is therefore only up to date and accurate to the extent that such authorities provide us with timely and accurate information. Accordingly the Foreign & Commonwealth Office does not guarantee that this information is accurate and will not be liable for any inaccuracies in this information. British nationals wishing to obtain information about marriage or civil partnership must also contact the relevant local authorities to be sure of the requirements that they need to fulfill in order for their ceremony to go ahead.
 




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