Change 1 Article Choose an article Title and introductory text 1 Civil partnership 2 Formation of civil partnership by registration 3 Eligibility 4 Parental etc. consent where proposed civil partner under 18 5 Types of pre-registration procedure 6 Place of registration 6A Power to approve premises 7 The civil partnership document 8 Notice of proposed civil partnership and declaration 8A Additional information if party not relevant national 9 Evidence 9A Additional evidence if party not relevant national 9B Change of usual address or UK contact address 9C Rejection of false information or evidence 9D Amendment of notice and evidence provisions 9E Specified evidence 9F Recording of information in the register: compliance with requirements 10 Proposed civil partnership to be publicised 11 Meaning of “the waiting period” 12 Power to shorten the waiting period 12A Referral of proposed civil partnership to Secretary of State 13 Objection to proposed civil partnership 14 Issue of civil partnership schedule 14A Notice of proposed civil partnership: false information or evidence 15 Appeal against refusal to issue civil partnership schedule 16 Frivolous objections and representations and appeals: liability for costs etc. 17 Period during which registration may take place 18 House-bound persons 19 Detained persons 20 Modified procedures for certain non-residents 21 Notice of proposed civil partnership 22 Evidence to be produced 23 Application to be reported to Registrar General 24 Objection to issue of Registrar General’s licence 25 Issue of Registrar General’s licence 26 Frivolous objections: liability for costs 27 Period during which registration may take place 28 Registration authorities 29 Civil partnership registrars 30 The Registrar General and the register 30ZA Religious involvement: protection against compulsion 30A Relevant nationals 31 Offences relating to civil partnership schedule 32 Offences relating to Registrar General’s licence 33 Offences relating to the recording of civil partnerships 34 Fees 35 Power to assimilate provisions relating to civil registration 36 Regulations and orders 37 Powers to make orders and effect of orders 37A Dissolution on ground of breakdown: conditional and final orders 38 Annulment and presumption of death: conditional and final orders 39 Intervention of the Queen’s Proctor 40 Proceedings before order has been made final 41 Time bar on applications for dissolution orders 42 Attempts at reconciliation of civil partners 43 Consideration by the court of certain agreements or arrangements 44 Dissolution of civil partnership which has broken down irretrievably 45 Supplemental provisions as to facts raising presumption of breakdown 46 Dissolution order not precluded by previous separation order etc. 47 Refusal of dissolution in 5 year separation cases on ground of grave hardship 48 Proceedings before order made final: protection for respondent ... 49 Grounds on which civil partnership is void 50 Grounds on which civil partnership is voidable 51 Bars to relief where civil partnership is voidable 52 Proof of certain matters not necessary to validity of civil partnership 53 Power to validate civil partnership 54 Validity of civil partnerships registered outside England and Wales 55 Presumption of death orders 56 Separation orders 57 Effect of separation order 58 Declarations 59 General provisions as to making and effect of declarations 60 The Attorney General and proceedings for declarations 61 Supplementary provisions as to declarations 62 Relief for respondent in dissolution proceedings 63 Restrictions on making of orders affecting children 64 Parties to proceedings under this Chapter 65 Contribution by civil partner to property improvement 66 Disputes between civil partners about property 67 Applications under section 66 where property not in possession etc. 68 Applications under section 66 by former civil partners 69 Actions in tort between civil partners 70 Assurance policy by civil partner for benefit of other civil partner etc. 71 Wills, administration of estates and family provision 72 Financial relief for civil partners and children of family 73 Civil partnership agreements unenforceable 74 Property where civil partnership agreement is terminated 75 Parental responsibility, children of the family and relatives 76 Guardianship 77 Entitlement to apply for residence or contact order 78 Financial provision for children 79 Adoption 80 False statements etc. with reference to civil partnerships 81 Housing and tenancies 82 Family homes and domestic violence 83 Fatal accidents claims 84 Evidence 85 Formation of civil partnership by registration 86 Eligibility 87 Appointment of authorised registrars 88 Notice of proposed civil partnership 88A Additional information if party not relevant national 88B Additional evidence if party not relevant national 88C Declaration to accompany information and evidence 88D Rejection of false information or evidence 88E Notice of proposed civil partnership: treated as not given 88F Referral of proposed civil partnership to the Secretary of State 89 Civil partnership notice book 90 Publicisation 91 Early registration 92 Objections to registration 93 Place of civil registration of civil partnerships 93A Date and place of registration of religious or belief civil partnerships 94 The civil partnership schedule 94A Persons who may register civil partnerships 94B Registration of nominated persons as celebrants 94C Removal of celebrant's name from register 94D Alterations to register maintained under section 94B 94E Temporary authorisation of celebrants 95 Further provision as to registration 95ZA Registrar's power to require delivery of civil partnership schedule 95A Validity following entry in civil partnership register 96 Civil partnership with former spouse 97 Certificates of no impediment for Part 2 purposes 97A Second civil partnership registration 98 Application of certain provisions to civil partnerships 99 Correction of errors in civil partnership register 100 Offences 101 Occupancy rights 102 Occupancy: subsidiary and consequential rights 103 Regulation by court of rights of occupancy of family home 104 Exclusion orders 105 Duration of orders under sections 103 and 104 106 Continued exercise of occupancy rights after dealing 107 Dispensation with civil partner’s consent to dealing 108 Interests of creditors 109 Provisions where both civil partners have title 110 Rights of occupancy in relation to division and sale 111 Adjudication 111A Effect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106 112 Transfer of tenancy 113 Civil partners: competency of interdict 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Dissolution 118 Encouragement of reconciliation 119 Effect of resumption of cohabitation 120 Separation 121 Dissolution following on decree of separation 121A Postponement of decree of dissolution where religious impediment to marry exists 122 Registration of dissolutions and declarators of nullity of civil partnerships 123 Nullity 124 Validity of civil partnerships registered outside Scotland 124A Special destination: revocation on dissolution or annulment 125 Financial provision after overseas dissolution or annulment 126 Regulations 127 Attachment 128 Promise or agreement to enter into civil partnership 129 Lord Advocate as party to action for nullity or dissolution of civil partnership 130 Civil partner of accused a competent witness 131 Succession: legal rights arising by virtue of civil partnership 132 Assurance policies 133 Council Tax: liability of civil partners 134 General provisions as to fees 135 Interpretation of this Part 136 The expression “relative” in the 1965 Act 137 Formation of civil partnership by registration 138 Eligibility 139 Notice of proposed civil partnership 139A Additional information if party not relevant national 139B Additional evidence if party not relevant national 139C Declaration to accompany information and evidence 139D Rejection of false information or evidence 139E Referral of proposed civil partnership to the Secretary of State 140 Civil partnership notice book and list of intended civil partnerships 141 Power to require evidence of name etc. 142 Objections 143 Civil partnership schedule 143A Civil partnership notice: false information or evidence 144 Place of registration 145 Parental etc. consent where proposed civil partner under 18 146 Validity of registration 147 Corrections and cancellations 148 Interpreters 149 Detained persons 150 Certificates of no impediment for Part 2 purposes 151 Registration districts and registration authorities 152 Registrars and other staff 153 Records and documents to be sent to Registrar General 154 Annual report 155 Searches 155A Notification of registration 156 Proof of civil partnership for purposes of certain statutory provisions 157 Fees 158 Offences 159 Regulations 160 Interpretation 161 Powers to make orders and effect of orders 162 The period before conditional orders may be made final 163 Intervention by the Crown Solicitor 164 Proceedings before order has been made final 165 Time bar on applications for dissolution orders 166 Attempts at reconciliation of civil partners 167 Consideration by the court of certain agreements or arrangements 168 Dissolution of civil partnership which has broken down irretrievably 169 Supplemental provisions as to facts raising presumption of breakdown 170 Dissolution order not precluded by previous separation order etc. 171 Refusal of dissolution in 5 year separation cases on ground of grave hardship 172 Proceedings before order made final: protection for respondent in separation cases 173 Grounds on which civil partnership is void 174 Grounds on which civil partnership is voidable 174A Civil partnership converted from a marriage: when voidable 175 Bars to relief where civil partnership is voidable 176 Proof of certain matters not necessary to validity of civil partnership 177 Validity of civil partnerships registered outside Northern Ireland 178 Presumption of death orders 179 Separation orders 180 Effect of separation order 181 Declarations 182 General provisions as to making and effect of declarations 183 The Attorney General and proceedings for declarations 184 Supplementary provisions as to declarations 185 Relief for respondent in dissolution proceedings 186 Restrictions on making of orders affecting children 187 Parties to proceedings under this Chapter 188 The court 189 Appeals 190 Transfer of proceedings 191 Disputes between civil partners about property 192 Applications under section 191 where property not in possession etc. 193 Applications under section 191 by former civil partners 194 Assurance policy by civil partner for benefit of other civil partner etc. 195 Wills, administration of estates and family provision 196 Financial relief for civil partners and children of family 197 Civil partnership agreements unenforceable 198 Property where civil partnership agreement is terminated 199 Parental responsibility, children of the family and relatives 200 Guardianship 201 Entitlement to apply for residence or contact order 202 Financial provision for children 203 Adoption 204 False statements etc. with reference to civil partnerships 204A Ceremonies and events to mark civil partnerships: protection from compulsion 205 Housing and tenancies 206 Family homes and domestic violence 207 Fatal accidents claims 208 Evidence 209 Restriction on publicity of reports of proceedings 210 Registration at British consulates etc. 211 Registration by armed forces personnel 212 Meaning of “overseas relationship” 213 Specified relationships 214 The general conditions 215 Overseas relationships treated as civil partnerships: the general rule 216 The same-sex requirement 217 Person domiciled in a part of the United Kingdom 218 The public policy exception 219 Power to make provision corresponding to EC Regulation 2201/2003 as to jurisdiction in relation to civil partnerships 220 Meaning of “the court” 221 Proceedings for dissolution, separation or nullity order 222 Proceedings for presumption of death order 223 Proceedings for dissolution, nullity or separation order: supplementary 224 Applications for declarations as to validity etc. 225 Jurisdiction of Scottish courts 226 Sisting of proceedings 227 Scottish ancillary and collateral orders 228 Meaning of “the court” 229 Proceedings for dissolution, separation or nullity order 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Proceedings for dissolution, nullity or separation order: supplementary 232 Applications for declarations as to validity etc. 233 Effect of dissolution, annulment or separation obtained in the UK 234 Recognition in the UK of overseas dissolution, annulment or separation 235 Grounds for recognition 236 Refusal of recognition 237 Supplementary provisions relating to recognition of dissolution etc. 238 Non-recognition elsewhere of dissolution or annulment 239 Commanding officers' certificates for Part 2 purposes 240 Certificates of no impediment to overseas relationships 241 Transmission of certificates of registration of overseas relationships 242 Power to make provision relating to certain Commonwealth forces 243 Fees 244 Orders in Council: supplementary 245 Interpretation 246 Interpretation of statutory references to stepchildren etc. 247 Provisions to which section 246 applies: Acts of Parliament etc. 248 Provisions to which section 246 applies: Northern Ireland 249 Immigration control and formation of civil partnerships 250 Gender recognition where applicant a civil partner 251 Discrimination against civil partners in employment field 252 Discrimination against civil partners in employment field: Northern Ireland 253 Civil partners to have unlimited insurable interest in each other 254 Social security, child support and tax credits 255 Power to amend enactments relating to pensions 256 Amendment of certain enactments relating to pensions 257 Amendment of certain enactments relating to the armed forces 258 Regulations and orders 259 Power to make further provision in connection with civil partnership 260 EU obligations and civil partners 261 Minor and consequential amendments, repeals and revocations 262 Extent 263 Commencement 264 Short title SCHEDULE 1 Prohibited degrees of relationship: England and Wales SCHEDULE 3 Registration by former spouses one of whom has changed sex SCHEDULE 3A Modifications if proposed civil partnership referred under section 12A SCHEDULE 4 Wills, administration of estates and family provision SCHEDULE 5 Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973 SCHEDULE 6 Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978 SCHEDULE 7 Financial relief in England and Wales after overseas dissolution etc. of a civil partnership SCHEDULE 8 Housing and tenancies SCHEDULE 9 Family homes and domestic violence SCHEDULE 10 FORBIDDEN DEGREES OF RELATIONSHIP: SCOTLAND SCHEDULE 10A Modifications if proposed civil partnership referred under section 88F SCHEDULE 11 Financial provision in Scotland after overseas proceedings SCHEDULE 12 Prohibited degrees of relationship: Northern Ireland SCHEDULE 13 Civil partnerships of persons under 18: Northern Ireland SCHEDULE13A Modifications if proposed civil partnership referred under section 139E SCHEDULE 14 Wills, administration of estates and family provision: Northern Ireland SCHEDULE 15 Financial relief in the High Court or a county court etc.: Northern Ireland SCHEDULE 16 Financial relief in court of summary jurisdiction etc.: Northern Ireland SCHEDULE 17 Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership SCHEDULE 18 Housing and tenancies: Northern Ireland SCHEDULE 19 Family homes and domestic violence: Northern Ireland SCHEDULE 20 Meaning of overseas relationship: specified relationships SCHEDULE 21 References to stepchildren etc. in existing Acts SCHEDULE 22 References to stepchildren etc. in existing Northern Ireland legislation SCHEDULE 23 Immigration control and formation of civil partnerships SCHEDULE 24 Social security, child support and tax credits SCHEDULE 25 Amendment of certain enactments relating to pensions SCHEDULE 26 Amendment of certain enactments relating to the armed forces SCHEDULE 27 Minor and consequential amendments: general SCHEDULE 28 Consequential amendments: Scotland SCHEDULE 29 Minor and consequential amendments: Northern Ireland SCHEDULE 30 Repeals and revocations
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As published
131 Succession: legal rights arising by virtue of civil partnership
(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.
(2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.
(3) In this section—
“issue” means issue however remote, and
“net estate” has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41).
(4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.
(5) In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.
Your wording
Your change, as a redline
131 Succession: legal rights arising by virtue of civil partnership
(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.
(2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.
(3) In this section—
“issue” means issue however remote, and
“net estate” has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41).
(4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.
(5) In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.