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Services › Births Deaths and Marriages › Civil Unions: Frequently Asked Questions
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- What sort of civil union ceremonies are there?
- What are the legal steps we must take to enter into a civil union?
- What if I'm applying for the civil union licence from outside of New Zealand?
- Who is a Commonwealth Representative?
- How long does it take to get a civil union licence?
- What does 'legally free to enter into a civil union' mean?
- How do we know who we cannot enter into a civil union with?
- What if either of us has been married or in a civil union before?
- What are the legal requirements for all civil union ceremonies?
- What must the Civil Union Celebrant do at the civil union ceremony?
- How do we find a civil union celebrant?
- Where is our nearest Registrar of Civil Unions?
- If we decide to have the ceremony solemnised by a celebrant, where can we have the civil union ceremony?
- What happens if the ceremony is solemnised by a Registrar of Civil Unions?
- What time of the day can we get enter into a civil union?
- How old do we have to be to enter into a civil union, and do we need parental consent?
- Does my name have to change when I enter into a civil union?
- How do I become a Civil Union Celebrant?
- What do I need to do to enter into a Civil Union overseas?
- How do I apply for a Certificate of No Impediment?
- Can I register my overseas civil union in New Zealand?
- How do I get a divorce/dissolution?
- How do I get a copy of my divorce papers?
- Can I change my relationship from a marriage to a civil union - or my civil union to a marriage?
What sort of civil union ceremonies are there?
There are two kinds of ceremony. One is a Registry Office ceremony held by a Registrar of Civil Unions in a Registry Office. The other is a ceremony held by an appointed Civil Union Celebrant at any other place. If you decide to have the ceremony solemnised by a Civil Union Celebrant you need to make an agreement with them about where and when the civil union will take place.
What are the legal steps we must take to enter into a civil union?
To enter into a civil union in New Zealand you require a civil union licence. Before you apply for a civil union licence you must:
- Arrange for a Civil Union Celebrant or Registrar of Civil Unions to perform the ceremony
- Arrange a place for the ceremony
- Complete a 'Notice of Intended Civil Union' and go to an office of a Registrar of Civil Unions to sign the statutory declaration saying you are legally free to enter into a civil union;
- Pay the fee of NZ$122.60 for a civil union licence, or NZ$173.70 for a Registry Office civil union to be held during normal office hours (Monday to Friday, 9:00am to 4:00pm).
What if I'm applying for the civil union licence from outside of New Zealand?
If you are applying for the civil union licence from outside of New Zealand, the only difference is in regards to the form you complete, and the signing of the declaration. If you are overseas, the declaration must either be signed by a Commonwealth Representative, and then sent (with payment) to the Registry Office in New Zealand closest to where you will be having the civil union ceremony. Note: Only the Notice of Intended Civil Union where both parties ordinarily resident outside New Zealand (BDM 358) can be witnessed by a Commonwealth Representative. Or, you can complete everything on the form except the declaration, and send it (with payment) to the Registry Office in New Zealand closest to where you will be having the civil union ceremony. This notice should arrive at least a week before you intend to enter into a civil union. When you arrive in New Zealand, you then need to visit that office, sign the declaration and collect the civil union licence.
Who is a Commonwealth Representative?
'Commonwealth Representative' means any Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Charge d'Affaires, Head of Mission, Consular Officer, Pro-consul, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Charge d'Affaires, or Head of Mission.
How long does it take to get a civil union licence?
If approved, the licence will be issued not sooner than three calendar days after the completed notice of intended civil union is submitted and the licence is valid for three months from the date of issue.
What does 'legally free to enter into a civil union' mean?
It means that you are not married or in a civil union already (unless you are changing the form of the relationship from a marriage to a civil union with the same partner), are 16 years of age or over (and have consent from all guardians if aged 16 or 17), and are not closely related to each other in certain ways.
How do we know who we cannot enter into a civil union with?
The back of the 'Notice of Intended Civil Union' form gives a full list of people you cannot enter into a civil union with. In general, you cannot enter into a civil union with a close relative by blood, marriage or civil union. This includes relatives by adoption and some step relatives. If you are not sure of your situation contact us for further information.
What if either of us has been married or in a civil union before?
If either of you have been married or in a civil union before and the marriage or civil union has been dissolved, you may be asked to produce evidence of the dissolution (e.g. Divorce/Dissolution Order) when you give notice to the Registrar of Civil Unions. If your previous spouse or partner has died you do not need to produce evidence of their death, but you will need to give the date of death on the 'Notice of Intended Civil Union' form.
What are the legal requirements for all civil union ceremonies?
The legal requirements are that:
- The civil union must be performed in the place(s) stated on the Civil Union Licence
- The civil union must be performed by a Civil Union Celebrant or Registrar of Civil Unions;
- The civil union must be performed in the presence of at least two witnesses;
- Each party must make a clear statement that names both parties and acknowledges that they are freely joining in a civil union with each other;
- Each party, the two witnesses and the Civil Union Celebrant or Registrar of Civil Unions must sign the registration forms.
Children may act as witnesses if they understand the importance of the part they take in the recording of the civil union and could demonstrate that understanding in court if later required to do so.
What must the Civil Union Celebrant do at the civil union ceremony?
The Civil Union Celebrant must officiate at the civil union ceremony. This includes:
- The formal identification of the parties named on the Civil Union Licence (the celebrant must be satisfied that the persons about to be joined are in fact those named on the Civil Union Licence);
- The exchange of the civil union statements;
- After both copies of the registration papers (Copy of Particulars of Civil Union) have been signed and witnessed, the Civil Union Celebrant must return the Registrars copy to the issuing Registry Office within 10 calendar days, the couple keep the other copy;
- The Civil Union Celebrant must take all reasonable steps to ensure the civil union is registered with Births, Deaths and Marriages.
There should be no doubt in the eyes of the couple, witnesses and attendees that the civil union ceremony was performed by a Civil Union Celebrant.
How do we find a civil union celebrant?
All celebrants are listed in the New Zealand Gazette, this is available at Births, Deaths and Marriages offices and agencies, and some public libraries and also on our website. Your local Registrar of Civil Unions will have a list of civil union celebrants. See: How to Locate a Civil Union Celebrant.
Where is our nearest Registrar of Civil Unions?
A Registrar of Civil Unions is located in most cities and towns throughout New Zealand. See Cheque Payments for a New Zealand Marriage Licence or New Zealand Civil Union Licence to check the locations of the Registry Offices in New Zealand. The contact details for your nearest Registrar of Civil Unions can be obtained by contacting us or contact the District Court for their addresses.
If we decide to have the ceremony solemnised by a celebrant, where can we have the civil union ceremony?
You may enter into a civil union at any place you and the celebrant agree on. The place must be stated on the civil union licence, so it is a good idea to include an alternative place, particularly if you plan to have the ceremony outdoors.
What happens if the ceremony is solemnised by a Registrar of Civil Unions?
You need to make arrangements with the Registrar of Civil Unions about a time and date for the ceremony. This date must be at least three days, but no more than three months after you give notice of your intended civil union. The cost is NZ$173.70, which includes the ceremony and the licence.
What time of the day can we get enter into a civil union?
You can have a Registry Office civil union ceremony during normal office hours (Monday to Friday, 9:00am to 4:00pm), but you must discuss arrangements with the particular Registry Offices concerned. You can have a Civil Union Celebrant solemnise your civil union on any day, and at any time, upon which you and the celebrant agree.
How old do we have to be to enter into a civil union, and do we need consent from all guardians?
Both parties must be 16 years of age or over. Anyone 16 or 17 needs consent to enter into a civil union.
Does my name have to change when I enter into a civil union?
No. Couples may choose to combine their names or assume the other partner's surname. Or you may retain your current surname. This does not affect your registered name at birth.
How do I become a Civil Union Celebrant?
Applications are to be made by completing the Civil Union Celebrant Application form and sending it to Births, Deaths and Marriages. Please see Civil Union Celebrant: A guide to the role of Civil Union Celebrant in New Zealand for further information.
What do I need to do to enter into a Civil Union overseas?
If you are entering into a civil union overseas it is important that you contact the civil union authorities of that country to confirm their civil union laws and requirements. Contact details may be found from through the countries Embassy, Consulate or High Commission in New Zealand.
How do I apply for a Certificate of No Impediment?
Certain overseas countries require a Certificate of No Impediment to Civil Union before allowing you to enter into a civil union to prove that you are not already legally in a civil union in your country of citizenship or residence.
Can I register my overseas civil union in New Zealand?
An overseas civil union cannot be registered in New Zealand. See: Entering into a Civil Union Overseas.
How do I get a divorce/dissolution?
The Family Court processes dissolutions of marriages and civil unions (sometimes referred to as ‘divorces’) in New Zealand. Please contact your local court or a lawyer for further information.
How do I get a copy of my divorce papers?
Please contact the Ministry of Justice for further information about how to obtain a copy of your divorce papers or dissolution order. If the civil union and dissolution both occurred in New Zealand, the details will be added as an endorsement to the civil union entry, and will appear on any subsequent civil union certificate.
Can I change my relationship from a marriage to a civil union - or my civil union to a marriage?
Yes, a married couple who wish to continue in a relationship with each other may change the form of that relationship to a civil union without having to formally dissolve their marriage. For them the process begins with a 'Notice of Intended Civil Union, change of relationship from marriage' form. You will be required to provide evidence of your current marriage.
Similarly, where you are in a civil union and are eligible to marry, you may change the form of your relationship to a marriage without having to formally dissolve your civil union. In this case you would begin by completing a 'Notice of Intended Marriage, change of relationship from civil union' form. You will be required to provide evidence of your current civil union.