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In force since 2026-07-01, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert— (aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family; .
Propose a change(1) Amend Schedule 1 to the 1995 Order (financial provision for children) as follows. (2) For paragraph 1(2) (extended meaning of “parent”) substitute— (2) In this Schedule, except paragraphs 3 and 17, “parent” includes— (a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and (b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family; and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents. (3) In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert— (e) Part 1 or 8 of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.); (f) Schedule 16 to the 2004 Act (financial relief in court of summary jurisdiction etc.); . (4) In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “ or civil partner ”.
Propose a change(1) Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows. (2) In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “ marriage or civil partnership ”. (3) In Article 12 (adoption orders), in paragraph (5), after “married” insert “ or who is or has been a civil partner ”. (4) In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “ or a civil partner ”. (5) In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “ or forming a civil partnership ”. (6) In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “ or for the purposes of Schedule 12 to the Civil Partnership Act 2004 ”. (7) In Article 54 (disclosure of birth records of adopted children), in paragraph (2)— (a) after “intending to be married” insert “ or to form a civil partnership ”; (b) for “the person whom he intends to marry” substitute “ the intended spouse or civil partner ”; (c) after “1984” insert “ or Schedule 12 to the Civil Partnership Act 2004 ”. (8) In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “ , marriage or civil partnership ”.
Propose a change(1) Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows. (2) After paragraph (1) insert— (1A) Any person who— (a) for the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)— (i) makes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; or (ii) gives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004, knowing that the declaration, notice or certificate is false; (b) for the purpose of a record being made in any register relating to civil partnerships— (i) makes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; or (ii) causes such a statement to be made, knowing that the statement is false; (c) forbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false, shall be guilty of an offence. (1B) The documents are[en rule] (a) a civil partnership schedule; (b) a document required by an Order in Council under section 210 or 211 of the Civil Partnership Act 2004 as an authority for two people to register as civil partners of each other; (c) a certificate of no impediment under section 240 of the Civil Partnership Act 2004. (3) In paragraph (2), after “paragraph (1)” insert “ or (1A) ”. (4) In the heading to Article 8, after “marriage” insert “ or civil partnership ”.
Propose a change(1) A religious body, or a person acting on behalf of or under the auspices of a religious body, may not be compelled— (a) to provide, arrange or facilitate a ceremony or event to mark the formation of a civil partnership, (b) to allow religious premises to be used as the place at which such a ceremony or event is held, or (c) to participate in, or be present at, such a ceremony or event, where the reason for not doing that thing is that the body or person does not wish to do things of that sort in relation to civil partnerships generally, in relation to civil partnerships between parties who are of the same sex or in relation to civil partnerships between parties who are not of the same sex. (2) In this section— “compelled” means compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement); “religious body” means an organised group of people meeting regularly for common religious worship; “religious premises” means premises which— are owned, or controlled, by a religious body or a person acting on behalf of or under the auspices of a religious body, and are not premises where the sole or main purpose for which they are used is commercial.
Propose a changeSchedule 18 amends certain enactments relating to housing and tenancies.
Propose a changeSchedule 19 amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
Propose a change(1) Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows. (2) In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert— (aa) the civil partner or former civil partner of the deceased; . (3) In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “ or civil partner ”. (4) After sub-paragraph (f) of Article 2(2) insert— (fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership; . (5) After Article 2(2A) insert— (2B) The reference to the former civil partner of the deceased in paragraph (2)(aa) includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved. (6) In Article 2(3)(b), for “by affinity” substitute “ by marriage or civil partnership ”. (7) In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)— (a) in sub-paragraph (a), after “wife or husband” insert “ or civil partner ”, and (b) in sub-paragraph (b), after “was never married” insert “ or a civil partner ”. (8) In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “ or civil partner ”.
Propose a change(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse. (2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner. (3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner. (4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise). (5) Any rule of law— (a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and (b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage, is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
Propose a changeSection 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings— (a) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners, (b) under section 181, (c) under Part 8 of Schedule 15, or (d) under Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule.
Propose a change(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other— (a) in prescribed countries or territories outside the United Kingdom, and (b) in the presence of a registration officer , in cases where the officer is satisfied that the conditions in subsection (2) are met. (2) The conditions are that— (a) at least one of the proposed civil partners is a United Kingdom national, (b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, (c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and (d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory. (3) A registration officer is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations. (4) An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other. (5) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b). (6) “Registration officer” means— (a) a consular officer in the service of Her Majesty’s government in the United Kingdom, or (b) in the case of registration in a country or territory in which Her Majesty’s government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of registration of civil partnerships in that country or territory .
Propose a change(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other— (a) in prescribed countries or territories outside the United Kingdom, and (b) in the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58), in cases where the officer is satisfied that the conditions in subsection (2) are met. (2) The conditions are that— (a) at least one of the proposed civil partners— (i) is a member of a part of Her Majesty’s forces serving in the country or territory, (ii) is employed in the country or territory in such other capacity as may be prescribed, or (iii) is a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory, (b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, and (c) such other requirements as may be prescribed are complied with. (3) In determining for the purposes of subsection (2) whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to— (a) a marriage to which the other is or was a party, or (b) a civil partnership in which the other is or was a civil partner, is to be regarded as the other’s child. (4) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b). (5) Any references in this section— (a) to a country or territory outside the United Kingdom, (b) to forces serving in such a country or territory, and (c) to persons employed in such a country or territory, include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.
Propose a change(1) For the purposes of this Act an overseas relationship is a relationship which— (a) is either a specified relationship or a relationship which meets the general conditions, and (b) is registered (whether before or after the passing of this Act) with a responsible authority in a country or territory outside the United Kingdom, by two people— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) neither of whom is already a civil partner or lawfully married. (1A) But, for the purposes of the application of this Act to England and Wales or to Northern Ireland, marriage is not an overseas relationship. (2) In this Chapter, “the relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).
Propose a change(1) A specified relationship is a relationship which is specified for the purposes of section 212 — (a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20, (b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20. (2) The Secretary of State may by order amend Part 1 of Schedule 20 by— (a) adding a relationship, (b) amending the description of a relationship, or (c) omitting a relationship. (3) No order may be made under this section amending Part 1 of Schedule 20 without the consent of the Scottish Ministers and the Department of Finance and Personnel. (3A) No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance. (4) The power to make an order under this section is exercisable by statutory instrument. (5) An order which contains any provision (whether alone or with other provisions) amending Part 1 of Schedule 20 by— (a) amending the description of a relationship, or (b) omitting a relationship, may not be made unless a draft of the statutory instrument containing the order is laid before, and approved by a resolution of, each House of Parliament. (6) A statutory instrument containing any other order under this section amending Part 1 of Schedule 20 is subject to annulment in pursuance of a resolution of either House of Parliament. (7) The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by— (a) adding a relationship, (b) amending the description of a relationship, (c) omitting a relationship. (8) Regulations under subsection (7)— (a) amending the description of a relationship or omitting a relationship, are subject to the affirmative procedure, (b) adding a relationship, are subject to the negative procedure.
Propose a changeThe general conditions are that, under the relevant law— (a) the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married, (b) the relationship is of indeterminate duration, and (ba) the relationship is not one of marriage, (c) the effect of entering into it is that the parties are— (i) treated as a couple either generally or for specified purposes, but are not treated as marriedor (ii) treated as married.
Propose a change(1) Two people are to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they— (a) had capacity to enter into the relationship, and (b) met all requirements necessary to ensure the formal validity of the relationship. (2) Subject to subsections (3) and (5F) subsections (3) and (5B) subsections (3) and (3A), the time when they are to be treated as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into. (3) If the overseas relationship is registered (under the relevant law) as having been entered into before this section comes into force, the time when they are to be treated as having formed a civil partnership is the time when this section comes into force. (3A) In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to— (a) any provision to the contrary made by or under any enactment, (b) regulations under subsection (3B). (3B) The Scottish Ministers may by regulations provide for subsection (2)— (a) to have effect subject to provision made by the regulations, or (b) not to apply in cases specified in the regulations. (3C) Regulations under subsection (3B)— (a) may include consequential, supplementary, incidental, transitional, transitory or saving provision, (b) are subject to the negative procedure. (4) But if— (a) before this section comes into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and (b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment, subsection (3) does not apply and subsections (1) and (2) have effect subject to subsection (5). (5) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provisions except— (a) Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom); (b) such provisions as are specified (with or without modifications) in an order under section 259; (c) Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)). (5A) In the case of a relationship that is— (a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the 2019 Regulations”), and (b) registered (under the relevant law) as having been entered into before the 2019 Regulations come into force, subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5). (5B) The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force. (5C) But if— (a) before the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and (b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment, subsection (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D). (5D) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except— (a) Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom); (b) such provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019; (c) Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)). (5E) In the case of a relationship that is— (a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and (b) registered (under the relevant law) as having been entered into before 13 January 2020, subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5). (5F) The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020. (5G) But if— (a) before 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, and (b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment, subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H). (5H) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except— (a) Schedules 7, 11 and 17; (b) such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019; (c) Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)). (6) This section is subject to sections ... 217 and 218.
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Propose a change(1) Subsection (2) applies if an overseas relationship has been registered by a person who was at the time mentioned in section 215(2) domiciled in England and Wales. (2) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)— (a) either of them was under 18, or (b) they would have been within prohibited degrees of relationship under Part 1 of Schedule 1 if they had been registering as civil partners of each other in England and Wales. (3) Subsection (4) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Scotland. (4) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2), they were not eligible by virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil partners of each other. (5) Subsection (6) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Northern Ireland. (6) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)— (a) either of them was under 16, or (b) they would have been within prohibited degrees of relationship under Schedule 12 if they had been registering as civil partners of each other in Northern Ireland.
Propose a changeTwo people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship.
Propose a change(1) The Lord Chancellor may by regulations make provision— (a) as to the jurisdiction of courts in England and Wales ... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner— (i) is or has been habitually resident in England and Wales, or (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) is domiciled in England and Wales, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) The Department of Justice in Northern Ireland may by regulations make provision— (a) as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner— (i) is or has been habitually resident in Northern Ireland, or (ii) is domiciled in Northern Ireland. (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Scottish Ministers may by regulations make provision— (a) as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and (b) as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament. (6A) Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (6B) No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly. (6C) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (7) Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament. (8) In this Part “section 219 regulations” means regulations made under this section.
Propose a changeIn sections 221 to 224 “the court” means— (a) the High Court, or (b) the family court.
Propose a change(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)— (a) the court has jurisdiction under section 219 regulations, (b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in England and Wales on the date when the proceedings are begun, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in England or Wales, (ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)— (a) the court has jurisdiction under section 219 regulations, (b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner— (i) is domiciled in England and Wales on the date when the proceedings are begun, or (ii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in England or Wales, (ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
Propose a changeThe court has jurisdiction to entertain proceedings for a presumption of death order on an application made by a civil partner if (and only if)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ba) at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and (c) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
Propose a change(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45). (2) The rules may in particular make provision— (a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and (b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
Propose a changeThe court has jurisdiction to entertain an application under section 58 if (and only if)— (a) either of the civil partners in the civil partnership to which the application relates— (i) is domiciled in England and Wales on the date of the application, (ii) has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or (iii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or (b) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
Propose a change(1) The Court of Session has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) either civil partner— (a) is domiciled in Scotland on the date when proceedings are begun, or (b) was habitually resident in Scotland throughout the period of one year ending with that date, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in Scotland, (ii) no court has, or is recognised as having, jurisdiction ..., and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (2) The sheriff has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) the requirements of paragraph (a) or (b) of subsection (1) are met and either civil partner— (a) was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or (b) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date. (3) The Court of Session has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)— (a) either of the ostensible civil partners— (i) is domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, or (ii) died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in Scotland, (ii) no court has, or is recognised as having, jurisdiction ..., and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (3A) The sheriff has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)— (a) the requirements as to domicile or habitual residence that would apply were the action to have been begun in the Court of Session under subsection (3) (other than paragraph (c)) are met, and (b) either of the ostensible civil partners— (i) was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or (ii) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date. (4) At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of subsections (1) to (3A) (or this subsection) it also has jurisdiction to entertain other proceedings, in respect of the same civil partnership (or ostensible civil partnership), for dissolution, separation or ... declarator of nullity, even though that jurisdiction would not be exercisable under any of subsections (1) to (3A).
Propose a change(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish consistorial actions). (2) The rules may in particular make provision— (a) for the provision of information by the pursuer and by any other person who has entered appearance in an action where proceedings relating to the same civil partnership (or ostensible civil partnership) are continuing in another jurisdiction, and (b) for an action to be sisted where there are concurrent proceedings elsewhere in respect of the same civil partnership (or ostensible civil partnership).
Propose a change(1) This section applies where after the commencement of this Act an application is competently made to the Court of Session or the sheriff for the making, or the variation or recall, of an order which is ancillary or collateral to an action for— (a) the dissolution of a civil partnership, (b) the separation of civil partners, or (c) declarator of nullity of a civil partnership. (2) And the section applies whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action. (3) If the court has or, as the case may be, had jurisdiction to entertain the action, it has jurisdiction to entertain the application. This subsection is subject to subsection (3B). (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18. (4) Where the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall, as respects any person, of an order made by it and the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the purposes of any application under that section for the variation or recall of the order in so far as it relates to the person, the sheriff (as defined in that section) has jurisdiction to exercise the power conferred on him by that section. (5) The reference in subsection (1) to an order which is ancillary or collateral is to an order relating to children, aliment, financial provision or expenses. (6) In this section “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
Propose a changeIn sections 229 to 232 “the court” has the meaning given by section 188.
Propose a change(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)— (a) the court has jurisdiction under section 219 regulations, (b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in Northern Ireland, (ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)— (a) the court has jurisdiction under section 219 regulations, (b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner— (i) is domiciled in Northern Ireland on the date when the proceedings are begun, or (ii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or (c) the following conditions are met— (i) the two people concerned registered as civil partners of each other in Northern Ireland, (ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and (iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. (3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
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Propose a change(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)). (2) The rules may in particular make provision— (a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and (b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
Propose a changeThe court has jurisdiction to entertain an application under section 181 if (and only if)— (a) either of the civil partners in the civil partnership to which the application relates— (i) is domiciled in Northern Ireland on the date of the application, (ii) has been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or (iii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or (b) the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
Propose a change(1) No dissolution or annulment of a civil partnership obtained in one part of the United Kingdom is effective in any part of the United Kingdom unless obtained from a court of civil jurisdiction. (2) Subject to subsections (3) and (4), the validity of a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained from a court of civil jurisdiction in one part of the United Kingdom is to be recognised throughout the United Kingdom. (3) Recognition of the validity of a dissolution, annulment or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership— (a) previously given by a court of civil jurisdiction in the other part, or (b) previously given by a court elsewhere and recognised or entitled to be recognised in the other part. (4) Recognition of the validity of a dissolution or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution or separation was obtained at a time when, according to the law of the other part, there was no subsisting civil partnership.
Propose a change(1) The validity of an overseas dissolution, annulment or legal separation is to be recognised in the United Kingdom Scotland if, and only if, it is entitled to recognition by virtue of sections 235 to 237. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of subsection (1) and sections 235 to 237, an overseas dissolution, annulment or legal separation is a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained outside the United Kingdom (whether before or after this section comes into force).
Propose a change(1) The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if— (a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and (b) at the relevant date either civil partner— (i) was habitually resident in the country in which the dissolution, annulment or legal separation was obtained, (ii) was domiciled in that country, or (iii) was a national of that country. (2) The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if— (a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, (b) at the relevant date— (i) each civil partner was domiciled in that country, or (ii) either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and (c) neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date. (3) In this section “the relevant date” means— (a) in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings; (b) in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained. (3A) In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include— (a) in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex; (b) in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex. (3B) In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b). (4) Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.
Propose a change(1) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership— (a) previously given by a court of civil jurisdiction in that part of the United Kingdom, or (b) previously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom. (2) Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership. (3) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if— (a) in the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained— (i) without such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or (ii) without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, or (b) in the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings— (i) there is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, or (ii) where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, or (c) in either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy. (4) In this section— “official”, in relation to a document certifying that a dissolution, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law; “the relevant date” has the same meaning as in section 235.
Propose a change(1) For the purposes of sections 235 and 236, a civil partner is to be treated as domiciled in a country if he was domiciled in that country— (a) according to the law of that country in family matters, or (b) according to the law of the part of the United Kingdom in which the question of recognition arises. (2) The Lord Chancellor , the Department of Justice in Northern Ireland or the Scottish Ministers may by regulations make provision— (a) applying sections 235 and 236 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation; (b) applying sections 235 and 236 with modifications in relation to— (i) an overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship); (ii) any case where a civil partner is domiciled in a country or territory whose law does not recognise relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex); (c) with respect to recognition of the validity of an overseas dissolution, annulment or legal separation in cases where there are cross-proceedings; (d) with respect to cases where a legal separation is converted under the law of the country or territory in which it is obtained into a dissolution which is effective under the law of that country or territory; (e) with respect to proof of findings of fact made in proceedings in any country or territory outside the United Kingdom. (3) The power of the Lord Chancellor or the Scottish Ministers to make regulations under subsection (2) is exercisable by statutory instrument. (4) A statutory instrument containing such regulations— (a) if made by the Lord Chancellor, is subject to annulment in pursuance of a resolution of either House of Parliament; (b) if made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament. (4A) The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4B) Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954. (5) In this section (except subsection (4)) and sections 233 to 236 and 238— “annulment” includes any order annulling a civil partnership, however expressed; “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland; “proceedings” means judicial or other proceedings. (6) Nothing in this Chapter is to be read as requiring the recognition of any finding of fault made in proceedings for dissolution, annulment or legal separation or of any maintenance, custody or other ancillary order made in any such proceedings.
Propose a change(1) This section applies where, in any part of the United Kingdom— (a) a dissolution or annulment of a civil partnership has been granted by a court of civil jurisdiction, or (b) the validity of a dissolution or annulment of a civil partnership is recognised by virtue of this Chapter. (2) The fact that the dissolution or annulment would not be recognised outside the United Kingdom does not— (a) preclude either party from forming a subsequent civil partnership or marriage in that part of the United Kingdom, or (b) cause the subsequent civil partnership or marriage of either party (wherever it takes place) to be treated as invalid in that part.
Propose a change(1) Her Majesty may by Order in Council make provision in relation to cases where— (a) two people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), and (b) one of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea and the other is resident in England and Wales, for the issue to A, by the captain or other officer in command of the ship, of a certificate of no impediment. (2) The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed. (3) A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the . . . officer issuing the certificate to exist. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change