Law

Civil Partnership Act 2004

United Kingdom · statute

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In force since 2026-07-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 337 provisions
  1. Title and introductory text
  2. 1 Civil partnership
  3. 2 Formation of civil partnership by registration
  4. 3 Eligibility
  5. 4 Parental etc. consent where proposed civil partner under 18
  6. 5 Types of pre-registration procedure
  7. 6 Place of registration
  8. 6A Power to approve premises
  9. 7 The civil partnership document
  10. 8 Notice of proposed civil partnership and declaration
  11. 8A Additional information if party not relevant national
  12. 9 Evidence
  13. 9A Additional evidence if party not relevant national
  14. 9B Change of usual address or UK contact address
  15. 9C Rejection of false information or evidence
  16. 9D Amendment of notice and evidence provisions
  17. 9E Specified evidence
  18. 9F Recording of information in the register: compliance with requirements
  19. 10 Proposed civil partnership to be publicised
  20. 11 Meaning of “the waiting period”
  21. 12 Power to shorten the waiting period
  22. 12A Referral of proposed civil partnership to Secretary of State
  23. 13 Objection to proposed civil partnership
  24. 14 Issue of civil partnership schedule
  25. 14A Notice of proposed civil partnership: false information or evidence
  26. 15 Appeal against refusal to issue civil partnership schedule
  27. 16 Frivolous objections and representations and appeals: liability for costs etc.
  28. 17 Period during which registration may take place
  29. 18 House-bound persons
  30. 19 Detained persons
  31. 20 Modified procedures for certain non-residents
  32. 21 Notice of proposed civil partnership
  33. 22 Evidence to be produced
  34. 23 Application to be reported to Registrar General
  35. 24 Objection to issue of Registrar General’s licence
  36. 25 Issue of Registrar General’s licence
  37. 26 Frivolous objections: liability for costs
  38. 27 Period during which registration may take place
  39. 28 Registration authorities
  40. 29 Civil partnership registrars
  41. 30 The Registrar General and the register
  42. 30ZA Religious involvement: protection against compulsion
  43. 30A Relevant nationals
  44. 31 Offences relating to civil partnership schedule
  45. 32 Offences relating to Registrar General’s licence
  46. 33 Offences relating to the recording of civil partnerships
  47. 34 Fees
  48. 35 Power to assimilate provisions relating to civil registration
  49. 36 Regulations and orders
  50. 37 Powers to make orders and effect of orders
  51. 37A Dissolution on ground of breakdown: conditional and final orders
  52. 38 Annulment and presumption of death: conditional and final orders
  53. 39 Intervention of the Queen’s Proctor
  54. 40 Proceedings before order has been made final
  55. 41 Time bar on applications for dissolution orders
  56. 42 Attempts at reconciliation of civil partners
  57. 43 Consideration by the court of certain agreements or arrangements
  58. 44 Dissolution of civil partnership which has broken down irretrievably
  59. 45 Supplemental provisions as to facts raising presumption of breakdown
  60. 46 Dissolution order not precluded by previous separation order etc.
  61. 47 Refusal of dissolution in 5 year separation cases on ground of grave hardship
  62. 48 Proceedings before order made final: protection for respondent ...
  63. 49 Grounds on which civil partnership is void
  64. 50 Grounds on which civil partnership is voidable
  65. 51 Bars to relief where civil partnership is voidable
  66. 52 Proof of certain matters not necessary to validity of civil partnership
  67. 53 Power to validate civil partnership
  68. 54 Validity of civil partnerships registered outside England and Wales
  69. 55 Presumption of death orders
  70. 56 Separation orders
  71. 57 Effect of separation order
  72. 58 Declarations
  73. 59 General provisions as to making and effect of declarations
  74. 60 The Attorney General and proceedings for declarations
  75. 61 Supplementary provisions as to declarations
  76. 62 Relief for respondent in dissolution proceedings
  77. 63 Restrictions on making of orders affecting children
  78. 64 Parties to proceedings under this Chapter
  79. 65 Contribution by civil partner to property improvement
  80. 66 Disputes between civil partners about property
  81. 67 Applications under section 66 where property not in possession etc.
  82. 68 Applications under section 66 by former civil partners
  83. 69 Actions in tort between civil partners
  84. 70 Assurance policy by civil partner for benefit of other civil partner etc.
  85. 71 Wills, administration of estates and family provision
  86. 72 Financial relief for civil partners and children of family
  87. 73 Civil partnership agreements unenforceable
  88. 74 Property where civil partnership agreement is terminated
  89. 75 Parental responsibility, children of the family and relatives
  90. 76 Guardianship
  91. 77 Entitlement to apply for residence or contact order
  92. 78 Financial provision for children
  93. 79 Adoption
  94. 80 False statements etc. with reference to civil partnerships
  95. 81 Housing and tenancies
  96. 82 Family homes and domestic violence
  97. 83 Fatal accidents claims
  98. 84 Evidence
  99. 85 Formation of civil partnership by registration
  100. 86 Eligibility
  101. 87 Appointment of authorised registrars
  102. 88 Notice of proposed civil partnership
  103. 88A Additional information if party not relevant national
  104. 88B Additional evidence if party not relevant national
  105. 88C Declaration to accompany information and evidence
  106. 88D Rejection of false information or evidence
  107. 88E Notice of proposed civil partnership: treated as not given
  108. 88F Referral of proposed civil partnership to the Secretary of State
  109. 89 Civil partnership notice book
  110. 90 Publicisation
  111. 91 Early registration
  112. 92 Objections to registration
  113. 93 Place of civil registration of civil partnerships
  114. 93A Date and place of registration of religious or belief civil partnerships
  115. 94 The civil partnership schedule
  116. 94A Persons who may register civil partnerships
  117. 94B Registration of nominated persons as celebrants
  118. 94C Removal of celebrant's name from register
  119. 94D Alterations to register maintained under section 94B
  120. 94E Temporary authorisation of celebrants
  121. 95 Further provision as to registration
  122. 95ZA Registrar's power to require delivery of civil partnership schedule
  123. 95A Validity following entry in civil partnership register
  124. 96 Civil partnership with former spouse
  125. 97 Certificates of no impediment for Part 2 purposes
  126. 97A Second civil partnership registration
  127. 98 Application of certain provisions to civil partnerships
  128. 99 Correction of errors in civil partnership register
  129. 100 Offences
  130. 101 Occupancy rights
  131. 102 Occupancy: subsidiary and consequential rights
  132. 103 Regulation by court of rights of occupancy of family home
  133. 104 Exclusion orders
  134. 105 Duration of orders under sections 103 and 104
  135. 106 Continued exercise of occupancy rights after dealing
  136. 107 Dispensation with civil partner’s consent to dealing
  137. 108 Interests of creditors
  138. 109 Provisions where both civil partners have title
  139. 110 Rights of occupancy in relation to division and sale
  140. 111 Adjudication
  141. 111A Effect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106
  142. 112 Transfer of tenancy
  143. 113 Civil partners: competency of interdict
  144. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  145. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  146. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  147. 117 Dissolution
  148. 118 Encouragement of reconciliation
  149. 119 Effect of resumption of cohabitation
  150. 120 Separation
  151. 121 Dissolution following on decree of separation
  152. 121A Postponement of decree of dissolution where religious impediment to marry exists
  153. 122 Registration of dissolutions and declarators of nullity of civil partnerships
  154. 123 Nullity
  155. 124 Validity of civil partnerships registered outside Scotland
  156. 124A Special destination: revocation on dissolution or annulment
  157. 125 Financial provision after overseas dissolution or annulment
  158. 126 Regulations
  159. 127 Attachment
  160. 128 Promise or agreement to enter into civil partnership
  161. 129 Lord Advocate as party to action for nullity or dissolution of civil partnership
  162. 130 Civil partner of accused a competent witness
  163. 131 Succession: legal rights arising by virtue of civil partnership
  164. 132 Assurance policies
  165. 133 Council Tax: liability of civil partners
  166. 134 General provisions as to fees
  167. 135 Interpretation of this Part
  168. 136 The expression “relative” in the 1965 Act
  169. 137 Formation of civil partnership by registration
  170. 138 Eligibility
  171. 139 Notice of proposed civil partnership
  172. 139A Additional information if party not relevant national
  173. 139B Additional evidence if party not relevant national
  174. 139C Declaration to accompany information and evidence
  175. 139D Rejection of false information or evidence
  176. 139E Referral of proposed civil partnership to the Secretary of State
  177. 140 Civil partnership notice book and list of intended civil partnerships
  178. 141 Power to require evidence of name etc.
  179. 142 Objections
  180. 143 Civil partnership schedule
  181. 143A Civil partnership notice: false information or evidence
  182. 144 Place of registration
  183. 145 Parental etc. consent where proposed civil partner under 18
  184. 146 Validity of registration
  185. 147 Corrections and cancellations
  186. 148 Interpreters
  187. 149 Detained persons
  188. 150 Certificates of no impediment for Part 2 purposes
  189. 151 Registration districts and registration authorities
  190. 152 Registrars and other staff
  191. 153 Records and documents to be sent to Registrar General
  192. 154 Annual report
  193. 155 Searches
  194. 155A Notification of registration
  195. 156 Proof of civil partnership for purposes of certain statutory provisions
  196. 157 Fees
  197. 158 Offences
  198. 159 Regulations
  199. 160 Interpretation
  200. 161 Powers to make orders and effect of orders
  201. 162 The period before conditional orders may be made final
  202. 163 Intervention by the Crown Solicitor
  203. 164 Proceedings before order has been made final
  204. 165 Time bar on applications for dissolution orders
  205. 166 Attempts at reconciliation of civil partners
  206. 167 Consideration by the court of certain agreements or arrangements
  207. 168 Dissolution of civil partnership which has broken down irretrievably
  208. 169 Supplemental provisions as to facts raising presumption of breakdown
  209. 170 Dissolution order not precluded by previous separation order etc.
  210. 171 Refusal of dissolution in 5 year separation cases on ground of grave hardship
  211. 172 Proceedings before order made final: protection for respondent in separation cases
  212. 173 Grounds on which civil partnership is void
  213. 174 Grounds on which civil partnership is voidable
  214. 174A Civil partnership converted from a marriage: when voidable
  215. 175 Bars to relief where civil partnership is voidable
  216. 176 Proof of certain matters not necessary to validity of civil partnership
  217. 177 Validity of civil partnerships registered outside Northern Ireland
  218. 178 Presumption of death orders
  219. 179 Separation orders
  220. 180 Effect of separation order
  221. 181 Declarations
  222. 182 General provisions as to making and effect of declarations
  223. 183 The Attorney General and proceedings for declarations
  224. 184 Supplementary provisions as to declarations
  225. 185 Relief for respondent in dissolution proceedings
  226. 186 Restrictions on making of orders affecting children
  227. 187 Parties to proceedings under this Chapter
  228. 188 The court
  229. 189 Appeals
  230. 190 Transfer of proceedings
  231. 191 Disputes between civil partners about property
  232. 192 Applications under section 191 where property not in possession etc.
  233. 193 Applications under section 191 by former civil partners
  234. 194 Assurance policy by civil partner for benefit of other civil partner etc.
  235. 195 Wills, administration of estates and family provision
  236. 196 Financial relief for civil partners and children of family
  237. 197 Civil partnership agreements unenforceable
  238. 198 Property where civil partnership agreement is terminated
  239. 199 Parental responsibility, children of the family and relatives
  240. 200 Guardianship
  241. 201 Entitlement to apply for residence or contact order
  242. 202 Financial provision for children
  243. 203 Adoption
  244. 204 False statements etc. with reference to civil partnerships
  245. 204A Ceremonies and events to mark civil partnerships: protection from compulsion
  246. 205 Housing and tenancies
  247. 206 Family homes and domestic violence
  248. 207 Fatal accidents claims
  249. 208 Evidence
  250. 209 Restriction on publicity of reports of proceedings
  251. 210 Registration at British consulates etc.
  252. 211 Registration by armed forces personnel
  253. 212 Meaning of “overseas relationship”
  254. 213 Specified relationships
  255. 214 The general conditions
  256. 215 Overseas relationships treated as civil partnerships: the general rule
  257. 216 The same-sex requirement
  258. 217 Person domiciled in a part of the United Kingdom
  259. 218 The public policy exception
  260. 219 Power to make provision corresponding to EC Regulation 2201/2003 as to jurisdiction in relation to civil partnerships
  261. 220 Meaning of “the court”
  262. 221 Proceedings for dissolution, separation or nullity order
  263. 222 Proceedings for presumption of death order
  264. 223 Proceedings for dissolution, nullity or separation order: supplementary
  265. 224 Applications for declarations as to validity etc.
  266. 225 Jurisdiction of Scottish courts
  267. 226 Sisting of proceedings
  268. 227 Scottish ancillary and collateral orders
  269. 228 Meaning of “the court”
  270. 229 Proceedings for dissolution, separation or nullity order
  271. 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  272. 231 Proceedings for dissolution, nullity or separation order: supplementary
  273. 232 Applications for declarations as to validity etc.
  274. 233 Effect of dissolution, annulment or separation obtained in the UK
  275. 234 Recognition in the UK of overseas dissolution, annulment or separation
  276. 235 Grounds for recognition
  277. 236 Refusal of recognition
  278. 237 Supplementary provisions relating to recognition of dissolution etc.
  279. 238 Non-recognition elsewhere of dissolution or annulment
  280. 239 Commanding officers' certificates for Part 2 purposes
  281. 240 Certificates of no impediment to overseas relationships
  282. 241 Transmission of certificates of registration of overseas relationships
  283. 242 Power to make provision relating to certain Commonwealth forces
  284. 243 Fees
  285. 244 Orders in Council: supplementary
  286. 245 Interpretation
  287. 246 Interpretation of statutory references to stepchildren etc.
  288. 247 Provisions to which section 246 applies: Acts of Parliament etc.
  289. 248 Provisions to which section 246 applies: Northern Ireland
  290. 249 Immigration control and formation of civil partnerships
  291. 250 Gender recognition where applicant a civil partner
  292. 251 Discrimination against civil partners in employment field
  293. 252 Discrimination against civil partners in employment field: Northern Ireland
  294. 253 Civil partners to have unlimited insurable interest in each other
  295. 254 Social security, child support and tax credits
  296. 255 Power to amend enactments relating to pensions
  297. 256 Amendment of certain enactments relating to pensions
  298. 257 Amendment of certain enactments relating to the armed forces
  299. 258 Regulations and orders
  300. 259 Power to make further provision in connection with civil partnership
  301. 260 EU obligations and civil partners
  302. 261 Minor and consequential amendments, repeals and revocations
  303. 262 Extent
  304. 263 Commencement
  305. 264 Short title
  306. SCHEDULE 1 Prohibited degrees of relationship: England and Wales
  307. SCHEDULE 3 Registration by former spouses one of whom has changed sex
  308. SCHEDULE 3A Modifications if proposed civil partnership referred under section 12A
  309. SCHEDULE 4 Wills, administration of estates and family provision
  310. SCHEDULE 5 Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
  311. SCHEDULE 6 Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978
  312. SCHEDULE 7 Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
  313. SCHEDULE 8 Housing and tenancies
  314. SCHEDULE 9 Family homes and domestic violence
  315. SCHEDULE 10 FORBIDDEN DEGREES OF RELATIONSHIP: SCOTLAND
  316. SCHEDULE 10A Modifications if proposed civil partnership referred under section 88F
  317. SCHEDULE 11 Financial provision in Scotland after overseas proceedings
  318. SCHEDULE 12 Prohibited degrees of relationship: Northern Ireland
  319. SCHEDULE 13 Civil partnerships of persons under 18: Northern Ireland
  320. SCHEDULE13A Modifications if proposed civil partnership referred under section 139E
  321. SCHEDULE 14 Wills, administration of estates and family provision: Northern Ireland
  322. SCHEDULE 15 Financial relief in the High Court or a county court etc.: Northern Ireland
  323. SCHEDULE 16 Financial relief in court of summary jurisdiction etc.: Northern Ireland
  324. SCHEDULE 17 Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
  325. SCHEDULE 18 Housing and tenancies: Northern Ireland
  326. SCHEDULE 19 Family homes and domestic violence: Northern Ireland
  327. SCHEDULE 20 Meaning of overseas relationship: specified relationships
  328. SCHEDULE 21 References to stepchildren etc. in existing Acts
  329. SCHEDULE 22 References to stepchildren etc. in existing Northern Ireland legislation
  330. SCHEDULE 23 Immigration control and formation of civil partnerships
  331. SCHEDULE 24 Social security, child support and tax credits
  332. SCHEDULE 25 Amendment of certain enactments relating to pensions
  333. SCHEDULE 26 Amendment of certain enactments relating to the armed forces
  334. SCHEDULE 27 Minor and consequential amendments: general
  335. SCHEDULE 28 Consequential amendments: Scotland
  336. SCHEDULE 29 Minor and consequential amendments: Northern Ireland
  337. SCHEDULE 30 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

337 provisions

95 Further provision as to registration

(1) Before the persons present sign in accordance with section 85 the approved celebrant or, as the case may be, the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct. (1A) In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar. (2) As soon as practicable after— (a) in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or (b) in the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule, the district registrar must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General. (3) The form and content of any page of that register is to be prescribed. (3ZA) A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based. (3A) The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership. (3B) Where the Registrar General is satisfied that— (a) a civil partnership has been properly registered, and (b) the civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed, the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule. (3C) As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register. (4) A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.

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95ZA Registrar's power to require delivery of civil partnership schedule

(1) Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar. (2) If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register.

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95A Validity following entry in civil partnership register

(1) Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) or (3C). (2) The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part. (3) Subsection (2)— (a) is subject to section 85(2), and (b) does not prejudice section 100.

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96 Civil partnership with former spouse

(1) Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may— (a) if they so elect, and (b) if each of them submits a notice under section 88(1) within 30 days after the certificate is issued, be expedited as follows. (2) The registration may take place on any of the 30 days immediately following— (a) that on which the notices are submitted, or (b) (if the two notices are not submitted on the same day) that on which the later is submitted. (3) And accordingly there are to be disregarded— (a) in section 90— (i) in subsection (2)(b), the words from “being” to the end, and (ii) subsection (3), (b) section 91(1), and (c) in section 94, subsection (1)(b).

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97 Certificates of no impediment for Part 2 purposes

(1) This section applies where— (a) two people propose to register as civil partners of each other under Chapter 1 of Part 2, and (b) one of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales. (2) A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides. (3) If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment. (4) But the certificate may not be issued to A earlier than 28 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless— (a) the circumstances are as mentioned in section 96(1), and (b) A makes an election for the certificate to be issued as soon as possible. (5) Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue. (5A) For the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference. (6) Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.

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97A Second civil partnership registration

(1) Subsection (2) applies where— (a) two people have registered a specified relationship (within the meaning of section 213) or a relationship which meets the general conditions (within the meaning of section 214), whether before or after section 10 of the Civil Partnership (Scotland) Act 2020 comes into force, and (b) that relationship would result in them being treated as having formed a civil partnership under the law of Scotland (by virtue of section 1(1)(b) and Chapter 2 of Part 5) but for the fact that they cannot prove that the relationship has been registered as mentioned in section 212(1)(b). (2) An authorised registrar may, on an application made by the parties to the relationship, subject to the approval of the Registrar General and to subsection (3), register their civil partnership as if they had not already registered that relationship with each other. (3) Sections 85 to 100 apply for the purpose of registering a civil partnership under this section as they apply to registering a civil partnership under section 1, subject to the modifications set out in subsections (4) to (11). (4) Section 85 (formation of civil partnership by registration) applies as if the words “the approved celebrant or, as the case may be,”, in both places where they occur, were omitted. (5) Section 86 (eligibility) does not apply in respect of the parties already being in civil partnership with each other. (6) Section 88 (notice of proposed civil partnership) applies as if after subsection (1) there were inserted— (1A) Both parties must submit to the authorised registrar a statutory declaration— (a) stating that they have previously registered their relationship, and (b) specifying the date, place and country or territory at which, and the circumstances in which, they did so. . (7) Section 93A does not apply. (8) Section 94 (the civil partnership schedule) applies as if after subsection (1) there were inserted— (1A) In the case of a civil partnership to be registered under section 97A, the civil partnership schedule is to contain such modifications as the Registrar General may direct to indicate that the parties have previously entered into a civil partnership with each other. . (9) Section 94A (persons who may register civil partnerships) applies as if subsections (1)(a), (2), (2A)(a), (2B), (3), (4)(a) and (b) and (5) were omitted. (10) Sections 94B to 94E do not apply. (11) Section 95 (further provision as to registration) applies as if after subsection (2) there were inserted— (2A) As soon as practicable after the civil partnership schedule has been signed in accordance with section 85, the authorised registrar must make an endorsement on it in the following terms— This civil partnership registration was carried out under section 97A of the Civil Partnership Act 2004, following a statutory declaration by the parties that they registered a relationship with each other on [date] at [place] in [country or territory]. . .

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98 Application of certain provisions to civil partnerships

(1) The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths— (a) section 34 (examination and transmission of registers), (b) section 38(1) and (2) (search of indexes kept by Registrar General), (c) section 39C (provision of information to district registrars), and (d) section 44 (Register of Corrections Etc.). (2) Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage. (3) In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.

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99 Correction of errors in civil partnership register

(1) No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament). (2) Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar. (3) The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.

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100 Offences

(1) A person (“A”) commits an offence who purports to register in Scotland as the civil partner of another person (“B”) knowing that either or both— (a) A is already married to or in civil partnership with a person other than B, or (b) B is already married to or in civil partnership with a person other than A. (2) A person commits an offence who knowingly— (a) falsifies or forges any civil partnership document (that is to say, any document issued or made, or purporting to be issued or made, or required, under this Part), (b) uses, or gives or sends to any person as genuine, any false or forged civil partnership document, (c) being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed, (d) not being an approved celebrant or, as the case may be, an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other, (e) being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other without both of them being present, or (f) being an authorised registrar, purports to register two people as civil partners of each other in a place other than in accordance with section 93. (3) A person guilty of an offence under subsection (1) or (2) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both). (3A) A person commits an offence if the person— (a) registers a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership, (b) registers a civil partnership in contravention of section 94C(7), (c) being a person temporarily authorised under section 94E— (i) if authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation, (ii) if authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation, (iii) in either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation, (d) being a party to a civil partnership, fails to comply with a notice served under section 95ZA(2). (3B) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) Summary proceedings for an offence under subsection (1), (2) or (3A) may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires). (5) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.

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101 Occupancy rights

(1) Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights— (a) if in occupation, a right to continue to occupy the family home; (b) if not in occupation, a right to enter into and occupy the family home. (2) The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family. (3) In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted. (4) If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4). (5) A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only— (a) in a particular family home, or (b) in a particular property which it is intended by the civil partners will become their family home. (6) A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind. (6A) Subject to subsection (5), if— (a) there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and (b) during that period the non-entitled partner has not occupied the family home, the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home. (6B) A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1). (7) In this Part— “child of the family” means any child or grandchild of either civil partner, and any person who has been brought up or treated by either civil partner as if the person were a child of that partner, whatever the age of such a child, grandchild or person, and “family” means the civil partners in the civil partnership, together with any child , grandchild or person so treated by them. (8) In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.

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102 Occupancy: subsidiary and consequential rights

(1) For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner— (a) to make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements); (b) to perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements); (c) to enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance; (d) to carry out such essential repairs as the entitled partner may carry out; (e) to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights; (f) to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner. (2) Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner. (3) Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner— (a) without the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1); (b) with the consent of the other partner, on anything relating to a family home. (4) Where both partners are entitled, or permitted by a third party, to occupy a family home— (a) either partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights; (b) the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home. (5) Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home— (a) the other partner may, without the consent of A— (i) make any payment due by A which is necessary, or take any other step which A is entitled to take, to secure the possession or use of any such furniture and plenishings (and any such payment is to have effect in relation to the rights of a third party as if it were made by A), or (ii) carry out such essential repairs to the furniture and plenishings as A is entitled to carry out; (b) the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner— (i) without the consent of the other partner, in making payments under a hire, hire-purchase or conditional sale agreement, or in paying interest charges in respect of the furniture and plenishings, or in carrying out essential repairs to the furniture and plenishings, or (ii) with the consent of the other partner, on anything relating to the furniture or plenishings. (6) An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment. (7) Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made. (8) Where— (a) the entitled partner is a tenant of a family home, (b) possession of it is necessary in order to continue the tenancy, and (c) the entitled partner abandons such possession, the tenancy is continued by such possession by the non-entitled partner. (8A) In subsection (1)(a), “secured loan” includes secured obligation (construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023). (9) In this section “improvements” includes alterations and enlargement.

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103 Regulation by court of rights of occupancy of family home

(1) Subject to section 101(6A), Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order— (a) declaring the occupancy rights of the applicant partner; (b) enforcing the occupancy rights of the applicant partner; (c) restricting the occupancy rights of the non-applicant partner; (d) regulating the exercise by either partner of his or her occupancy rights; (e) protecting the occupancy rights of the applicant partner in relation to the other partner. (2) Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement or the rights of any secured creditor in relation to the non-performance of a secured obligation. (3) The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including— (a) the conduct of the partners, whether in relation to each other or otherwise, (b) the respective needs and financial resources of the partners, (c) the needs of any child of the family, (d) the extent (if any) to which— (i) the family home, and (ii) in relation only to an order under subsection (2), any item of furniture and plenishings referred to in that subsection, is used in connection with a trade, business or profession of either partner, and (e) whether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation. (4) Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to— (a) the residence of either partner in the home to which the application relates, (b) the personal effects of either partner or of any child of the family, or (c) the furniture and plenishings, but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court. (5) The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home. (6) If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order. (7) A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery. (8) Where it appears to the court— (a) on the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, or (b) on the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired, in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment. (9) A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings. (10) In subsection (2)— “secured creditor” has the meaning given by section 113(1) of the Moveable Transactions (Scotland) Act 2023, and “secured obligation” is to be construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023.

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104 Exclusion orders

(1) Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home. (2) Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child. (3) The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable— (a) having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), and (b) where the family home— (i) is, or is part of, an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), or (ii) is let, or is a home in respect of which possession is given, to the non-applicant partner or to both partners by an employer as an incident of employment, having regard to any requirement that the non-applicant partner, or, as the case may be, both partners must reside in the family home and to the likely consequences of the exclusion of the non-applicant partner from the family home. (4) In making an exclusion order the court is, on the application of the applicant partner— (a) to grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy, (b) to grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, and (c) to grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy. (5) In making an exclusion order the court may— (a) grant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home; (b) where the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home; (c) on the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe; (d) on the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c). (6) Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order. (7) But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court. (8) Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.

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105 Duration of orders under sections 103 and 104

(1) The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104. (2) Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect— (a) on the dissolution of the civil partnership, (b) subject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, or (c) where both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted. (3) Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.

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106 Continued exercise of occupancy rights after dealing

(1) Subject to subsection (3)— (a) the continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, and (b) a third party is not by reason only of such a dealing entitled to occupy that home or any part of it. (1A) The occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home— (a) a person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, or (b) a person derives title to the home from a person who acquired title as mentioned in paragraph (a). (2) In this section and section 107— “dealing” includes the grant of a heritable security , the grant of a statutory pledge and the creation of a trust but does not include a conveyance under section 80 of the Lands Clauses Consolidation Act 1845 (c. 18); “entitled partner” does not include a civil partner who, apart from the provisions of this Chapter— is permitted by a third party to occupy a family home, or is entitled to occupy a family home along with an individual who is not the other civil partner whether or not that individual has waived a right of occupation in favour of the civil partner so entitled, (“non-entitled partner” being construed accordingly). (3) This section does not apply in any case where— (a) the non-entitled partner in writing either— (i) consents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), or (ii) renounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates, (b) the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing, (c) the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership, (d) the dealing occurred, or implements a binding obligation entered into, before the commencement of this section, (e) the dealing comprises a transfer for value to a third party who has acted in good faith, if there is produced to the third party by the transferor— (i) a written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, or (ii) a renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)). (f) the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of 2 years has elapsed during which the non-entitled partner has not occupied the family home. (4) For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.

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107 Dispensation with civil partner’s consent to dealing

(1) Subject to subsections (1A) and (1C), The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if— (a) such consent is unreasonably withheld, (b) such consent cannot be given by reason of physical or mental disability, or (c) the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner. (1A) Subsection (1B) applies if, in relation to a proposed sale— (a) negotiations with a third party have not begun, or (b) negotiations have begun but a price has not been agreed. (1B) An order under subsection (1) dispensing with consent may be made only if— (a) the price agreed for the sale is no less than such amount as the court specifies in the order, and (b) the contract for the sale is concluded before the expiry of such period as may be so specified. (1C) Subsection (1D) applies if the proposed dealing is the grant of a heritable security. (1D) An order under subsection (1) dispensing with consent may be made only if— (a) the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and (b) the security is executed before the expiry of such period as may be so specified. (2) For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either— (a) that the non-entitled partner— (i) has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and (ii) would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or (b) that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent. (3) The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3). (3A) If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home— (a) to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order, (b) to comply with such other conditions relating to that partner's occupation of the family home as may be so specified. (4) Where— (a) an application is made for an order under this section, and (b) an action is or has been raised by a non-entitled partner to enforce occupancy rights, the action is to be sisted until the conclusion of the proceedings on the application.

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108 Interests of creditors

(1) The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and— (a) the entitled partner is not in occupation, and (b) there is a third party with such an interest in the family home, the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan. (2) This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner— (a) a written declaration signed by the entitled partner declaring that there is no non-entitled partner, or (b) a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner. (3) This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor— (a) a written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or (b) a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner. (4) For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security. (5) For the purposes of subsection (3), the time of granting a security, in the case of a statutory pledge, is— (a) the date of delivery of the constitutive document of the statutory pledge, or (b) where the statutory pledge is granted in an amendment document, the date of delivery of that document.

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109 Provisions where both civil partners have title

(1) Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home— (a) the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and (b) a third party is not by reason only of such a dealing entitled to occupy that home or any part of it. (2) Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications— (a) any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and (b) in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.

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110 Rights of occupancy in relation to division and sale

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including— (a) the matters specified in paragraphs (a) to (d) of section 103(3), and (b) whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation, may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.

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111 Adjudication

(1) Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may— (a) order the reduction of the decree, or (b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner, if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner. (2) Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).

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111A Effect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106

(1) Subsection (2) applies where an application is made under section 103(1), 104(1) or 105(1). (2) In calculating the period of two years mentioned in section 101(6A)(a) or 106(3)(f), no account shall be taken of the period mentioned in subsection (3). (3) The period is the period beginning with the date on which the application is made and— (a) in the case of an application under section 103(1) or 104(1), ending on the date on which— (i) an order under section 103(3) or, as the case may be, 104(2) is made, or (ii) the application is otherwise finally determined or abandoned, (b) in the case of an application under section 105(1), ending on the date on which— (i) the order under section 103(3) or, as the case may be, 104(2) is varied or recalled, or (ii) the application is otherwise finally determined or abandoned.

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112 Transfer of tenancy

(1) The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case. (2) In an action— (a) for dissolution of a civil partnership, the Court of Session or the sheriff, (b) for declarator of nullity of a civil partnership, the Court of Session, may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1). (3) In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home. (4) The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it. (5) On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order). (6) The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner. (7) The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1). (8) It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home— (a) is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there, (b) is or is part of an agricultural holding, (c) is on, or pertains to— (i) a croft, (ii) the subject of a cottar, or (iii) the holding of a landholder or of a statutory small tenant, (d) is let on a long lease, or (e) is part of the tenancy land of a tenant-at-will. (9) In subsection (8)— “agricultural holding” has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), “cottar” has the same meaning as in section 12(5) of the Crofters (Scotland) Act 1993 (c. 44), “croft” has the same meaning as in that Act of 1993, “holding”, in relation to a landholder and a statutory small tenant, “landholder” and “statutory small tenant” have the same meanings respectively as in sections 2(1), 2(2) and 32(1) of the Small Landholders (Scotland) Act 1911 (c. 49), “long lease” has the same meaning as in section 9(2) of the Land Registration etc. (Scotland) Act 2012 (asp 5), and “tenant-at-will” has the same meaning as in section 20(8) of that Act of 1979. (10) Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case. (11) Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications— (a) in subsection (3), for “tenant” there is substituted “ sole tenant ”; (b) in subsection (4), for “non-entitled” there is substituted “ applicant ”; (c) in subsection (5), for “non-entitled” there is substituted “ applicant ”, (d) in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”; (e) in subsection (8)— (i) for “a non-entitled” there is substituted “ an applicant ”, (ii) for paragraph (a) there is substituted— (a) is let to both partners by their employer as an incident of employment, and the lease is subject to a requirement that both partners must reside there; , and (iii) paragraphs (c) and (e) are omitted. (12) Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).

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113 Civil partners: competency of interdict

(1) It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership. (2) In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which— (a) restrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, or (b) subject to subsection (3), prohibits a civil partner from entering or remaining in— (i) a family home, (ii) any other residence occupied by the applicant civil partner, (iii) any place of work of the applicant civil partner, (iv) any school attended by a child in the permanent or temporary care of the applicant civil partner (3) Subsection (4) applies if in relation to a family home the non-applicant civil partner— (a) is an entitled partner, or (b) has occupancy rights. (4) Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home. (5) This subsection applies if— (a) the interdict is ancillary to an exclusion order, or (b) by virtue of section 101(4), the court refuses leave to exercise occupancy rights. (6) In this section . . . , “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.

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117 Dissolution

(1) An action for the dissolution of a civil partnership may be brought in the Court of Session or in the sheriff court. (2) In such an action the court may grant decree, if, but only if, it is established that— (a) the civil partnership has broken down irretrievably, or (b) subject to subsection (3A), an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners. (3) The irretrievable breakdown of a civil partnership is taken to be established if— (a) since the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) there has been no cohabitation between the civil partners at any time during a continuous period of one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, or (d) there has been no cohabitation between the civil partners at any time during a continuous period of two years after that date and immediately preceding the bringing of the action. (3A) Subsection (2)(b)— (a) does not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but (b) continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act. (4) Provision is to be made by act of sederunt— (a) for the purpose of ensuring that, in an action to which paragraph (c) of subsection (3) relates, the defender has been given such information as enables that civil partner to understand— (i) the consequences of consenting to the granting of decree, and (ii) the steps which must be taken to indicate such consent, and (b) as to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent, and where the defender has indicated (and not withdrawn) such consent in the prescribed manner, that indication is sufficient evidence of such consent. (5) Provision is to be made by act of sederunt for the purpose of ensuring that, where in an action for the dissolution of a civil partnership the defender is suffering from mental illness, the court appoints a curator ad litem to the defender. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In an action for dissolution of a civil partnership the standard of proof required to establish the ground of action is on balance of probability.

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118 Encouragement of reconciliation

(1) At any time before granting decree in an action by virtue of paragraph (a) of section 117(2) for dissolution of a civil partnership, if it appears to the court that there is a reasonable prospect of a reconciliation between the civil partners it must continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect such a reconciliation. (2) If during any such continuation the civil partners cohabit with one another, no account is to be taken of such cohabitation for the purposes of that action.

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119 Effect of resumption of cohabitation

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In considering whether any period mentioned in paragraph . . . , (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.

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120 Separation

(1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court. (2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 117(3) are established.

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121 Dissolution following on decree of separation

(1) The court may grant decree in an action for the dissolution of a civil partnership even though decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of that action; and in any such action the court may treat an extract decree of separation lodged in process as sufficient proof of the facts under which that decree was granted. (2) Nothing in this section entitles a court to grant decree of dissolution of a civil partnership without receiving evidence from the pursuer.

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121A Postponement of decree of dissolution where religious impediment to marry exists

(1) Notwithstanding that irretrievable breakdown of a civil partnership has been established in an action for dissolution, the court may— (a) on the application of a party (“the applicant”), and (b) if satisfied— (i) that subsection (2) applies, and (ii) that it is just and reasonable to do so, postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3). (2) This subsection applies where— (a) the applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage, and (b) the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage. (3) A party complies with this subsection by acting in the way described in subsection (2)(b). (4) The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1). (5) The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from the relevant religious body confirming that the other party has acted in the way described in subsection (2)(b). (6) For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection. (7) In this section— “religious marriage” means a marriage solemnised by a marriage celebrant of a specified religious body, and “religion of that marriage” is to be construed accordingly, “specified” means specified by regulations made by the Scottish Ministers. (8) Any reference in this section to a marriage celebrant of a specified religious body is a reference to— (a) a minister, clergyman, pastor or priest of such a body, (b) a person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 as empowered to solemnise marriages, (c) any person who is recognised by such a body as entitled to solemnise marriages on its behalf.

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122 Registration of dissolutions and declarators of nullity of civil partnerships

(1) The Registrar General is to maintain at the General Register Office a register of decrees of dissolution and of declarator of nullity of civil partnership (a register which shall be known as the “Register of Dissolutions of Civil Partnership”). (2) The Registrar General is to cause to be made and kept at the General Register Office an alphabetical index of the entries in that register. (3) The register is to be in such form as may be prescribed. (4) On payment to him of such fee or fees as may be prescribed, the Registrar General must, at any time when the General Register Office is open for that purpose— (a) cause a search of the index to be made on behalf of any person or permit any person to search the index himself, (b) issue to any person an extract of any entry in the register which that person may require. (5) An extract of any entry in the register is to be sufficient evidence of the decree of dissolution or, as the case may be, of the declarator of nullity of civil partnership to which it relates. (6) The Registrar General may— (a) delete, (b) amend, or (c) substitute another entry for, any entry in the register. (7) Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.

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123 Nullity

(1) Where two people register in Scotland as civil partners of each other, the civil partnership is void if, and only if— (a) they were not eligible to do so, . . . (b) though they were so eligible, either of them did not . . . consent to its formation , or. (c) at the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error. (2) In this section “error” means— (a) error as to the nature of civil partnership, or (b) a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.

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124 Validity of civil partnerships registered outside Scotland

(1) Where two people register as civil partners of each other in England and Wales— (a) the civil partnership is void if it would be void in England and Wales under section 49, and (b) the civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e). (2) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is— (a) void, if it would be void in Northern Ireland under section 173, and (b) voidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e). (3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under— (a) section 210 (registration at British consulates etc.), or (b) section 211 (registration by armed forces personnel), (“the relevant section”). (4) The civil partnership is— (a) void, if— (i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or (ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and (b) voidable, if— (i) the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or (ii) the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 174(1)(a), (b), (c) or (e). (5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met. (6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship. (7) The civil partnership is void if— (a) the relationship is not an overseas relationship, or (b) (even though the relationship is an overseas relationship), the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership. (8) The civil partnership is voidable if— (a) the overseas relationship is voidable under the relevant law, (b) where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or (c) where either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e). (9) Section 51 or (as the case may be) section 175 applies for the purposes of— (a) subsections (1)(b), (2)(b) and (4)(b), (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and (c) subsection (8)(b) and (c). (10) In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law). (11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 174 and 175 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.

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124A Special destination: revocation on dissolution or annulment

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125 Financial provision after overseas dissolution or annulment

Schedule 11 relates to applications for financial provision in Scotland after a civil partnership has been dissolved or annulled in a country or territory outside the British Islands.

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126 Regulations

(1) In this Chapter and in Chapters 2 (except in section 88F) and 5, “prescribed” means prescribed by regulations made by the Registrar General. (2) Regulations so made may make provision (including provision as to fees) supplementing, in respect of the provision of services by or on behalf of the Registrar General or by local registration authorities (as defined by section 5(3) of the 1965 Act), the provisions of Chapter 2 of this Part. (3) Any power to make regulations under subsection (1) or (2) is exercisable by statutory instrument; and no such regulations are to be made except with the approval of the Scottish Ministers. (4) A statutory instrument containing regulations under subsection (1) or (2), or regulations under section 94A(1)(a)(i) , (2A)(a)(i) or (5), 94B(3), 94E(4) , 106(3)(a)(i) or 121A(7), is subject to annulment in pursuance of a resolution of the Scottish Parliament.

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127 Attachment

Where an attachment has been executed of furniture and plenishings of which the debtor’s civil partner has the possession or use by virtue of an order under section 103(3) or (4), the sheriff, on the application of that civil partner made within 40 days after the execution of the attachment, may— (a) declare the attachment null, or (b) make such order as he thinks appropriate to protect such possession or use by that civil partner, if satisfied that the purpose of the attachment was wholly or mainly to prevent such possession or use.

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128 Promise or agreement to enter into civil partnership

No promise or agreement to enter into civil partnership creates any rights or obligations under the law of Scotland; and no action for breach of such a promise or agreement may be brought in any court in Scotland, whatever the law applicable to the promise or agreement.

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