(1) In this Chapter “the Registrar General” means the Registrar General for England and Wales.
(2) The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.
(3) The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.
(4) In this Chapter “the register” means the system for keeping records provided under subsection (2).
30ZA Religious involvement: protection against compulsion
(1) A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—
(a) seek or consent to the approval of religious premises for the purposes of section 6(3A)(a),
(b) allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or
(c) provide, arrange, facilitate, participate in, or be present at—
(i) an occasion during which two people register as civil partners of each other on religious premises under this Part, or
(ii) a ceremony or event in England or Wales to mark the formation of a civil partnership,
where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
(2) In this section—
“protected person” means—
a religious organisation,
a constituent body or part of a religious organisation, or
a person acting on behalf of, or under the auspices of, such an organisation, body or part,
but does not include a civil partnership registrar;
“religious premises” has the meaning given by section 6A(3C).
In this Chapter “relevant national” means—
(a) a British citizen,
(aa) an Irish citizen, or
(ab) a person who is not an Irish citizen and who—
(i) has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or
(ii) is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Offences relating to civil partnership schedule
(1) A person commits an offence if he issues a civil partnership schedule knowing that he does so—
(a) before the waiting period in relation to each notice of proposed civil partnership has expired, or
(b) after the end of the applicable period, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—
(a) at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,
(aa) on premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the absence of a civil partnership registrar,
(c) before the waiting period in relation to each notice of proposed civil partnership has expired, or
(d) even though the civil partnership is void under section 49(b) ....
(3) A person guilty of an offence under subsection (1) or (2)(a), (aa), (b), (c) or (d) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).
(3A) A person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.
(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
32 Offences relating to Registrar General’s licence
(1) A person commits an offence if—
(a) he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;
(b) he gives a certificate as provided for by section 22(3), knowing that the certificate is false.
(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—
(a) at a place other than the place specified in the licence,
(b) in the absence of a civil partnership registrar,
(c) after the end of 1 month from the day on which the notice of proposed civil partnership was given, or
(d) even though the civil partnership is void under section 49(b) ....
(3) A person guilty of an offence under subsection (1) or (2) is liable—
(a) on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
33 Offences relating to the recording of civil partnerships
(1) A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.
(2) A civil partnership registrar guilty of an offence under subsection (1) 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 a fine not exceeding the statutory maximum;
and on conviction shall cease to be a civil partnership registrar.
(3) A person commits an offence if—
(a) under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but
(b) he refuses or without reasonable cause omits to do so.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) ....
(6) A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).
(7) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) ....
(8) A person guilty of an offence under subsection (7) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(9) A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.
(1) The Secretary of State may by order provide for fees ... to be payable to such persons as may be prescribed by the order in respect of—
(a) the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;
(b) the making of an application under section 12(1) (application to reduce waiting period);
(c) the issue of a Registrar General’s licence;
(d) the attendance of the civil partnership registrar when two people sign the civil partnership document;
(e) such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.
(1A) An order under this section may—
(a) specify the amount of any fee payable under the order, or
(b) set out how such a fee is to be determined.
(1B) Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.
(1C) The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.
(2) The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.
(3) Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—
(a) subsection (1)(d) does not apply, but
(b) the registration authority for that area is entitled from those people a fee of an amount determined by the authority in accordance with regulations under section 6A.
35 Power to assimilate provisions relating to civil registration
(1) The Secretary of State may by order make—
(a) such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made . . . in relation to civil marriage in England and Wales, and
(b) such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).
(2) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.
(3) “Amendment” includes repeal or revocation.
(4) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) Regulations may make provision supplementing the provisions of this Chapter.
(2) Regulations may in particular make provision—
(a) relating to the use of Welsh in documents and records relating to civil partnerships;
(b) with respect to the retention of documents relating to civil partnerships;
(c) prescribing the duties of civil partnership registrars;
(d) prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;
(e) for the issue by the Registrar General of guidance supplementing any provision made by the regulations.
(f) for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.
(g) for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).
(3) In this Chapter , except in section 6A 9B, 9E(2), 12(7) or 12A ,“regulations” means regulations made by the Registrar General with the approval of the Secretary of State.
(4) Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.
(5) A statutory instrument containing regulations under section 6A 9B, 9E(2) or 12A or an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) No order may be made under section 9D or 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(1) The court may, in accordance with this Chapter—
(a) make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;
(b) make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;
(c) make an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;
(d) make an order (a “separation order”) which provides for the separation of the civil partners.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.
(4) In this Chapter, other than in sections 58 to 61, “the court” means—
(a) the High Court, or
(b) the family court.
(5) This Chapter is subject to sections 219 to 224 (jurisdiction of the court).
37A Dissolution on ground of breakdown: conditional and final orders
(1) Every dissolution order—
(a) is, in the first instance, a conditional order, and
(b) may not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”).
(2) The court may not make a conditional order unless—
(a) in the case of an application that is to proceed as an application by one civil partner only, that person has confirmed to the court that they wish the application to continue, or
(b) in the case of an application that is to proceed as an application by both civil partners, those persons have confirmed to the court that they wish the application to continue;
and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).
(3) The Lord Chancellor may by order amend this section so as to substitute—
(a) a different definition of the first prescribed period, or
(b) a different definition of the second prescribed period.
(4) But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.
(5) In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.
(6) The power to make an order under subsection (3) is exercisable by statutory instrument.
(7) An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
38 Annulment and presumption of death: conditional and final orders
(A1) Every nullity or presumption of death order—
(a) is, in the first instance, a conditional order, and
(b) may not be made final before the end of the prescribed period for the purposes of this paragraph.
(1) Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—
(a) 6 weeks from the making of the conditional order, or
(b) if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.
(2) The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).
(3) But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.
(4) In a particular case the court dealing with the case may by order shorten the prescribed period.
(5) The power to make an order under subsection (2) is exercisable by statutory instrument.
(6) An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies if an application has been made for a dissolution, nullity or presumption of death order.
(2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.
(3) If any person at any time—
(a) during the progress of the proceedings, or
(b) before the conditional order is made final,
gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.
(4) If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—
(a) the payment by other parties to the proceedings of the costs incurred by him in doing so, or
(b) the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.
(5) The Queen’s Proctor is entitled to charge as part of the expenses of his office—
(a) the costs of any proceedings under subsection (2);
(b) if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;
(c) if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).
(1) This section applies if—
(a) a conditional order has been made, and
(b) the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.
(2) This section also applies if—
(a) a conditional order has been made,
(b) 3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,
(c) no such application has been made by the civil partner who applied for the conditional order, and
(d) the other civil partner makes an application to the court under this subsection.
(3) The court may—
(a) make the order final,
(b) rescind the order,
(c) require further inquiry, or
(d) otherwise deal with the case as it thinks fit.
(4) Subsection (3)(a)—
(a) applies despite sections 37A(1) and 38(A1) (period before conditional orders may be made final), but
(b) is subject to section 48(4) (protection for respondent ...) ....
41 Time bar on applications for dissolution orders
(1) No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies in relation to cases where an application is made for a dissolution or separation order.
(2) Rules of court must make provision for requiring the legal representative acting for an applicant to certify whether the representative has—
(a) discussed with the applicant the possibility of a reconciliation with the other civil partner, and
(b) given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.
(3) If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.
(4) The power to adjourn under subsection (3) is additional to any other power of adjournment.
43 Consideration by the court of certain agreements or arrangements
(1) This section applies in relation to cases where—
(a) proceedings for a dissolution or separation order are contemplated or have begun, and
(b) an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.
(2) Rules of court may make provision for enabling—
(a) the civil partners, or either of them, to refer the agreement or arrangement to the court, and
(b) the court—
(i) to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and
(ii) to give such directions, if any, in the matter as it thinks fit.
44 Dissolution of civil partnership which has broken down irretrievably
(1) Subject to section 41, an application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably.
(1A) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The court dealing with an application under subsection (1) must—
(a) take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and
(b) make a dissolution order.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).
48 Proceedings before order made final: protection for respondent ...
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subsections (3) to (5) apply if—
(a) on an application for a dissolution order a conditional order has been made and—
(i) the conditional order is in favour of one civil partner only, or
(ii) the conditional order is in favour of both civil partners but one of them has since withdrawn from the application, and
(b) the respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.
(3) The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—
(a) the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and
(b) the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.
(4) Subject to subsection (5), the court must not make the order final unless it is satisfied that—
(a) the applicant should not be required to make any financial provision for the respondent, or
(b) the financial provision made by the applicant for the respondent is—
(i) reasonable and fair, or
(ii) the best that can be made in the circumstances.
(5) The court may if it thinks fit make the order final if—
(a) it appears that there are circumstances making it desirable that the order should be made final without delay, and
(b) it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.
Where two people register as civil partners of each other in England and Wales, the civil partnership is void if—
(a) at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3), or
(b) at the time when they do so they both know—
(i) that due notice of proposed civil partnership has not been given,
(ii) that the civil partnership document has not been duly issued,
(iii) that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),
(iv) that the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, . . .
(v) that a civil partnership registrar is not present, or
(vi) that the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—
(a) either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);
(b) at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;
(c) at the time of its formation, the respondent was pregnant by some person other than the applicant;
(d) an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;
(e) the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.
(2) In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).
51 Bars to relief where civil partnership is voidable
(1) The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—
(a) that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and
(b) that it would be unjust to the respondent to make the order.
(2) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—
(a) it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or
(b) leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).
(3) A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—
(a) is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and
(b) considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
(4) An application for leave under subsection (3) may be made after the end of the 3 year period.
(5) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.
(6) Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.
52 Proof of certain matters not necessary to validity of civil partnership
(1) Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) that before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence; or
(ab) that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).
(2) An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).
(3) The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.
(4) The Lord Chancellor must—
(a) consider all objections to the order sent to him in writing during that month, and
(b) if it appears to him necessary, direct a local inquiry into the validity of any such objections.
(5) An order under subsection (1) is subject to special parliamentary procedure.
54 Validity of civil partnerships registered outside England and Wales
(1) Where two people register as civil partners of each other in Scotland, the civil partnership is—
(a) void, if it would be void in Scotland under section 123, ...
(aa) void, if the civil partnership was registered when—
(i) one of the two people was domiciled in England and Wales, and
(ii) one of the two people was under 18, and
(b) voidable, if the circumstances fall within section 50(1)(d).
(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, ...
(aa) void, if the civil partnership was registered when—
(i) one of the two people was domiciled in England and Wales, and
(ii) one of the two people was under 18, and
(b) voidable, if the circumstances fall within any paragraph of section 50(1).
(2A) Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—
(a) void, if it would be void in Northern Ireland under section 173, ...
(aa) void, if the marriage was solemnised there when—
(i) one of the two people was domiciled in England and Wales, and
(ii) one of the two people was under 18, and
(b) voidable, if it would be voidable there under section 174.
(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 or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or
(ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).
(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) the circumstances fall within section 50(1)(d), or
(c) where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).
(9) Section 51 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 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.
(1) The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.
(2) In any proceedings under this section the fact that—
(a) for a period of 7 years or more the other civil partner has been continually absent from the applicant, and
(b) the applicant has no reason to believe that the other civil partner has been living within that time,
is evidence that the other civil partner is dead until the contrary is proved.
(1) An application for a separation order may be made to the court by either or both civil partners.
(1A) An application under subsection (1) must be accompanied by—
(a) if the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, or
(b) if the application is by both civil partners, a statement by them that they seek to be separated from one another.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The court dealing with an application under subsection (1) must make a separation order.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If either civil partner dies intestate as respects all or any of his or her real or personal property while—
(a) a separation order is in force, and
(b) the separation is continuing,
the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.
(1) Any person may apply to the High Court or the family court for one or more of the following declarations in relation to a civil partnership specified in the application—
(a) a declaration that the civil partnership was at its inception a valid civil partnership;
(b) a declaration that the civil partnership subsisted on a date specified in the application;
(c) a declaration that the civil partnership did not subsist on a date so specified;
(d) a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;
(e) a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.
(2) Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.
59 General provisions as to making and effect of declarations
(1) Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.
(2) Any declaration under section 58 binds Her Majesty and all other persons.
(3) The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.
(4) No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.
(5) No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.
(6) Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.
60 The Attorney General and proceedings for declarations
(1) On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
(2) The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—
(a) intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and
(b) argue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.
(3) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.
(1) Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.
(2) Rules of court may make provision—
(a) as to the information required to be given by any applicant for a declaration under section 58;
(b) requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.
(3) No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.
(4) The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.
(5) An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.
(1) Rules of court may make provision with respect to—
(a) the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,
(b) the dismissal from such proceedings of any parties so joined, and
(c) the persons who are to be parties to proceedings on an application under section 58.
(2) Rules of court made under this section may make different provision for different cases.
(3) In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.
65 Contribution by civil partner to property improvement
(1) This section applies if—
(a) a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and
(b) the contribution is of a substantial nature.
(2) The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—
(a) as may have been then agreed, or
(b) in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).
(3) Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.
(1) In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—
(a) the High Court, or
(b) the family court.
(2) On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .