CONTENTS
|
PART 1 |
| INTRODUCTION |
| Section | |
| 1 | Civil partnership |
PART 2 |
| CIVIL PARTNERSHIP: ENGLAND AND WALES |
| CHAPTER 1 |
| REGISTRATION |
| Formation, eligibility and parental etc. consent |
| 2 | Formation of civil partnership by registration |
| 3 | Eligibility |
| 4 | Parental etc. consent where proposed civil partner under 18 |
Registration procedure: general |
| 5 | Types of pre-registration procedure |
| 6 | Place of registration |
| 7 | The civil partnership document |
The standard procedure |
| 8 | Notice of proposed civil partnership and declaration |
| 9 | Power to require evidence of name etc. |
| 10 | Proposed civil partnership to be publicised |
| 11 | Meaning of "the waiting period" |
| 12 | Power to shorten the waiting period |
| 13 | Objection to proposed civil partnership |
| 14 | Issue of civil partnership schedule |
| 15 | Appeal against refusal to issue civil partnership schedule |
| 16 | Frivolous objections and representations: liability for costs etc. |
| 17 | Period during which registration may take place |
The procedures for house-bound and detained persons |
| 18 | House-bound persons |
| 19 | Detained persons |
Modified procedures for certain non-residents |
| 20 | Modified procedures for certain non-residents |
The special procedure |
| 21 | Notice of proposed civil partnership |
| 22 | Evidence to be produced |
| 23 | Application to be reported to Registrar General |
| 24 | Objection to issue of Registrar General's licence |
| 25 | Issue of Registrar General's licence |
| 26 | Frivolous objections: liability for costs |
| 27 | Period during which registration may take place |
Supplementary |
| 28 | Registration authorities |
| 29 | Civil partnership registrars |
| 30 | The Registrar General and the register |
| 31 | Offences relating to civil partnership schedule |
| 32 | Offences relating to Registrar General's licence |
| 33 | Offences relating to the recording of civil partnerships |
| 34 | Fees |
| 35 | Power to assimilate provisions relating to civil registration |
| 36 | Regulations and orders |
CHAPTER 2 |
| DISSOLUTION, NULLITY AND OTHER PROCEEDINGS |
| Introduction |
| 37 | Powers to make orders and effect of orders |
| 38 | The period before conditional orders may be made final |
| 39 | Intervention of the Queen's Proctor |
| 40 | Proceedings before order has been made final |
| 41 | Time bar on applications for dissolution orders |
| 42 | Attempts at reconciliation of civil partners |
| 43 | Consideration by the court of certain agreements or arrangements |
Dissolution of civil partnership |
| 44 | Dissolution of civil partnership which has broken down irretrievably |
| 45 | Supplemental provisions as to facts raising presumption of breakdown |
| 46 | Dissolution order not precluded by previous separation order etc. |
| 47 | Refusal of dissolution in 5 year separation cases on ground of grave hardship |
| 48 | Proceedings before order made final: protection for respondent in separation cases |
Nullity |
| 49 | Grounds on which civil partnership is void |
| 50 | Grounds on which civil partnership is voidable |
| 51 | Bars to relief where civil partnership is voidable |
| 52 | Proof of certain matters not necessary to validity of civil partnership |
| 53 | Power to validate civil partnership |
| 54 | Validity of civil partnerships registered outside England and Wales |
Presumption of death orders |
| 55 | Presumption of death orders |
Separation orders |
| 56 | Separation orders |
| 57 | Effect of separation order |
Declarations |
| 58 | Declarations |
| 59 | General provisions as to making and effect of declarations |
| 60 | The Attorney General and proceedings for declarations |
| 61 | Supplementary provisions as to declarations |
General provisions |
| 62 | Relief for respondent in dissolution proceedings |
| 63 | Restrictions on making of orders affecting children |
| 64 | Parties to proceedings under this Chapter |
CHAPTER 3 |
| PROPERTY AND FINANCIAL ARRANGEMENTS |
| 65 | Contribution by civil partner to property improvement |
| 66 | Disputes between civil partners about property |
| 67 | Applications under section 66 where property not in possession etc. |
| 68 | Applications under section 66 by former civil partners |
| 69 | Actions in tort between civil partners |
| 70 | Assurance policy by civil partner for benefit of other civil partner etc. |
| 71 | Wills, administration of estates and family provision |
| 72 | Financial relief for civil partners and children of family |
CHAPTER 4 |
| CIVIL PARTNERSHIP AGREEMENTS |
| 73 | Civil partnership agreements unenforceable |
| 74 | Property where civil partnership agreement is terminated |
CHAPTER 5 |
| CHILDREN |
| 75 | Parental responsibility, children of the family and relatives |
| 76 | Guardianship |
| 77 | Entitlement to apply for residence or contact order |
| 78 | Financial provision for children |
| 79 | Adoption |
CHAPTER 6 |
| MISCELLANEOUS |
| 80 | False statements etc. with reference to civil partnerships |
| 81 | Housing and tenancies |
| 82 | Family homes and domestic violence |
| 83 | Fatal accidents claims |
| 84 | Evidence |
PART 3 |
| CIVIL PARTNERSHIP: SCOTLAND |
| CHAPTER 1 |
| FORMATION AND ELIGIBILITY |
| 85 | Formation of civil partnership by registration |
| 86 | Eligibility |
CHAPTER 2 |
| REGISTRATION |
| 87 | Appointment of authorised registrars |
| 88 | Notice of proposed civil partnership |
| 89 | Civil partnership notice book |
| 90 | Publicisation |
| 91 | Early registration |
| 92 | Objections to registration |
| 93 | Place of registration |
| 94 | The civil partnership schedule |
| 95 | Further provision as to registration |
| 96 | Civil partnership with former spouse |
| 97 | Certificates of no impediment for Part 2 purposes |
| 98 | Application of certain sections of 1965 Act to civil partnership register |
| 99 | Correction of errors in civil partnership register |
| 100 | Offences |
CHAPTER 3 |
| OCCUPANCY RIGHTS AND TENANCIES |
| Occupancy rights |
| 101 | Occupancy rights |
| 102 | Occupancy: subsidiary and consequential rights |
| 103 | Regulation by court of rights of occupancy of family home |
| 104 | Exclusion orders |
| 105 | Duration of orders under sections 103 and 104 |
| 106 | Continued exercise of occupancy rights after dealing |
| 107 | Dispensation with civil partner's consent to dealing |
| 108 | Interests of heritable creditors |
| 109 | Provisions where both civil partners have title |
| 110 | Rights of occupancy in relation to division and sale |
| 111 | Adjudication |
Transfer of tenancy |
| 112 | Transfer of tenancy |
CHAPTER 4 |
| INTERDICTS |
| 113 | Civil partners: competency of interdict |
| 114 | Attachment of powers of arrest to relevant interdicts |
| 115 | Police powers after arrest |
| 116 | Procedure after arrest |
CHAPTER 5 |
| DISSOLUTION, SEPARATION AND NULLITY |
| Dissolution and separation |
| 117 | Dissolution |
| 118 | Encouragement of reconciliation |
| 119 | Effect of resumption of cohabitation |
| 120 | Separation |
| 121 | Dissolution following on decree of separation |
| 122 | Registration of dissolution of civil partnership |
Nullity |
| 123 | Nullity |
| 124 | Validity of civil partnerships registered outside Scotland |
Financial provision after overseas proceedings |
| 125 | Financial provision after overseas dissolution or annulment |
CHAPTER 6 |
| MISCELLANEOUS AND INTERPRETATION |
| Miscellaneous |
| 126 | Regulations |
| 127 | Attachment |
| 128 | Promise or agreement to enter into civil partnership |
| 129 | Lord Advocate as party to action for nullity or dissolution of civil partnership |
| 130 | Civil partner of accused a competent witness |
| 131 | Succession: legal rights arising by virtue of civil partnership |
| 132 | Assurance policies |
| 133 | Council Tax: liability of civil partners |
| 134 | General provisions as to fees |
Interpretation |
| 135 | Interpretation of this Part |
| 136 | The expression "relative" in the 1965 Act |
PART 4 |
| CIVIL PARTNERSHIP: NORTHERN IRELAND |
| CHAPTER 1 |
| REGISTRATION |
| Formation and eligibility |
| 137 | Formation of civil partnership by registration |
| 138 | Eligibility |
Preliminaries to registration |
| 139 | Notice of proposed civil partnership |
| 140 | Civil partnership notice book and list of intended civil partnerships |
| 141 | Power to require evidence of name etc. |
| 142 | Objections |
| 143 | Civil partnership schedule |
| 144 | Place of registration |
Young persons |
| 145 | Parental etc. consent where proposed civil partner under 18 |
Supplementary |
| 146 | Validity of registration |
| 147 | Corrections and cancellations |
| 148 | Interpreters |
| 149 | Detained persons |
| 150 | Certificates of no impediment for Part 2 purposes |
| 151 | Registration districts and registration authorities |
| 152 | Registrars and other staff |
| 153 | Records and documents to be sent to Registrar General |
| 154 | Annual report |
| 155 | Searches |
| 156 | Proof of civil partnership for purposes of certain statutory provisions |
| 157 | Fees |
| 158 | Offences |
| 159 | Regulations |
| 160 | Interpretation |
CHAPTER 2 |
| DISSOLUTION, NULLITY AND OTHER PROCEEDINGS |
| Introduction |
| 161 | Powers to make orders and effect of orders |
| 162 | The period before conditional orders may be made final |
| 163 | Intervention by the Crown Solicitor |
| 164 | Proceedings before order has been made final |
| 165 | Time bar on applications for dissolution orders |
| 166 | Attempts at reconciliation of civil partners |
| 167 | Consideration by the court of certain agreements or arrangements |
Dissolution of civil partnership |
| 168 | Dissolution of civil partnership which has broken down irretrievably |
| 169 | Supplemental provisions as to facts raising presumption of breakdown |
| 170 | Dissolution order not precluded by previous separation order etc. |
| 171 | Refusal of dissolution in 5 year separation cases on ground of grave hardship |
| 172 | Proceedings before order made final: protection for respondent in separation cases |
Nullity |
| 173 | Grounds on which civil partnership is void |
| 174 | Grounds on which civil partnership is voidable |
| 175 | Bars to relief where civil partnership is voidable |
| 176 | Proof of certain matters not necessary to validity of civil partnership |
| 177 | Validity of civil partnerships registered outside Northern Ireland |
Presumption of death orders |
| 178 | Presumption of death orders |
Separation orders |
| 179 | Separation orders |
| 180 | Effect of separation order |
Declarations |
| 181 | Declarations |
| 182 | General provisions as to making and effect of declarations |
| 183 | The Attorney General and proceedings for declarations |
| 184 | Supplementary provisions as to declarations |
General provisions |
| 185 | Relief for respondent in dissolution proceedings |
| 186 | Restrictions on making of orders affecting children |
| 187 | Parties to proceedings under this Chapter |
The court |
| 188 | The court |
| 189 | Appeals |
| 190 | Transfer of proceedings |
CHAPTER 3 |
| PROPERTY AND FINANCIAL ARRANGEMENTS |
| 191 | Disputes between civil partners about property |
| 192 | Applications under section 191 where property not in possession etc. |
| 193 | Applications under section 191 by former civil partners |
| 194 | Assurance policy by civil partner for benefit of other civil partner etc. |
| 195 | Wills, administration of estates and family provision |
| 196 | Financial relief for civil partners and children of family |
CHAPTER 4 |
| CIVIL PARTNERSHIP AGREEMENTS |
| 197 | Civil partnership agreements unenforceable |
| 198 | Property where civil partnership agreement is terminated |
CHAPTER 5 |
| CHILDREN |
| 199 | Parental responsibility, children of the family and relatives |
| 200 | Guardianship |
| 201 | Entitlement to apply for residence or contact order |
| 202 | Financial provision for children |
| 203 | Adoption |
CHAPTER 6 |
| MISCELLANEOUS |
| 204 | False statements etc. with reference to civil partnerships |
| 205 | Housing and tenancies |
| 206 | Family homes and domestic violence |
| 207 | Fatal accidents claims |
| 208 | Evidence |
| 209 | Restriction on publicity of reports of proceedings |
PART 5 |
| CIVIL PARTNERSHIP FORMED OR DISSOLVED ABROAD ETC. |
| CHAPTER 1 |
| REGISTRATION OUTSIDE UK UNDER ORDER IN COUNCIL |
| 210 | Registration at British consulates etc. |
| 211 | Registration by armed forces personnel |
CHAPTER 2 |
| OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS |
| 212 | Meaning of "overseas relationship" |
| 213 | Specified relationships |
| 214 | The general conditions |
| 215 | Overseas relationships treated as civil partnerships: the general rule |
| 216 | The same-sex requirement |
| 217 | Person domiciled in a part of the United Kingdom |
| 218 | The public policy exception |
CHAPTER 3 |
| DISSOLUTION ETC.: JURISDICTION AND RECOGNITION |
| Introduction |
| 219 | Power to make provision corresponding to EC Regulation 2201/2003 |
Jurisdiction of courts in England and Wales |
| 220 | Meaning of "the court" |
| 221 | Proceedings for dissolution, separation or nullity order |
| 222 | Proceedings for presumption of death order |
| 223 | Proceedings for dissolution, nullity or separation order: supplementary |
| 224 | Applications for declarations as to validity etc. |
Jurisdiction of Scottish courts |
| 225 | Jurisdiction of Scottish courts |
| 226 | Sisting of proceedings |
| 227 | Scottish ancillary and collateral orders |
Jurisdiction of courts in Northern Ireland |
| 228 | Meaning of "the court" |
| 229 | Proceedings for dissolution, separation or nullity order |
| 230 | Proceedings for presumption of death order |
| 231 | Proceedings for dissolution, nullity or separation order: supplementary |
| 232 | Applications for declarations as to validity etc. |
Recognition of dissolution, annulment and separation |
| 233 | Effect of dissolution, annulment or separation obtained in the UK |
| 234 | Recognition in the UK of overseas dissolution, annulment or separation |
| 235 | Grounds for recognition |
| 236 | Refusal of recognition |
| 237 | Supplementary provisions relating to recognition of dissolution etc. |
| 238 | Non-recognition elsewhere of dissolution or annulment |
CHAPTER 4 |
| MISCELLANEOUS AND SUPPLEMENTARY |
| 239 | Commanding officers' certificates for Part 2 purposes |
| 240 | Certificates of no impediment to overseas relationships |
| 241 | Transmission of certificates of registration of overseas relationships |
| 242 | Power to make provision relating to certain Commonwealth forces |
| 243 | Fees |
| 244 | Orders in Council: supplementary |
| 245 | Interpretation |
PART 6 |
| RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP |
| 246 | Interpretation of statutory references to stepchildren etc. |
| 247 | Provisions to which section 246 applies: Acts of Parliament etc. |
| 248 | Provisions to which section 246 applies: Northern Ireland |
PART 7 |
| MISCELLANEOUS |
| 249 | Immigration control and formation of civil partnerships |
| 250 | Gender recognition where applicant a civil partner |
| 251 | Discrimination against civil partners in employment field |
| 252 | Discrimination against civil partners in employment field: Northern Ireland |
| 253 | Civil partners to have unlimited insurable interest in each other |
| 254 | Social security, child support and tax credits |
| 255 | Power to amend enactments relating to pensions |
| 256 | Amendment of certain enactments relating to pensions |
| 257 | Amendment of certain enactments relating to the armed forces |
PART 8 |
| SUPPLEMENTARY |
| 258 | Regulations and orders |
| 259 | Power to make further provision in connection with civil partnership |
| 260 | Community obligations and civil partners |
| 261 | Minor and consequential amendments, repeals and revocations |
| 262 | Extent |
| 263 | Commencement |
| 264 | Short title |
| |
| | Schedule 1 | - | Prohibited degrees of relationship: England and Wales | | Part 1 | - | The prohibitions | | Part 2 | - | Special provisions relating to qualified prohibitions | | Schedule 2 | - | Civil partnerships of persons under 18: England and Wales | | Part 1 | - | Appropriate persons | | Part 2 | - | Obtaining consent: general | | Part 3 | - | Obtaining consent: special procedure | | Part 4 | - | Provisions relating to the court | | Schedule 3 | - | Registration by former spouses one of whom has changed sex | | Schedule 4 | - | Wills, administration of estates and family provision | | Part 1 | - | Wills | | Part 2 | - | Administration of estates and family provision | | Schedule 5 | - | Financial relief in the High Court or a county court etc. | | Part 1 | - | Financial provision in connection with dissolution, nullity or separation | | Part 2 | - | Property adjustment on or after dissolution, nullity or separation | | Part 3 | - | Sale of property orders | | Part 4 | - | Pension sharing orders on or after dissolution or nullity order | | Part 5 | - | Matters to which court is to have regard under Parts 1 to 4 | | Part 6 | - | Making of Part 1 orders having regard to pension benefits | | Part 7 | - | Pension protection fund compensation etc. | | Part 8 | - | Maintenance pending outcome of dissolution, nullity or separation proceedings | | Part 9 | - | Failure to maintain: financial provision (and interim orders) | | Part 10 | - | Commencement of certain proceedings and duration of certain orders | | Part 11 | - | Variation, discharge etc. of certain orders for financial relief | | Part 12 | - | Arrears and repayments | | Part 13 | - | Consent orders and maintenance agreements | | Part 14 | - | Miscellaneous and supplementary | | Schedule 6 | - | Financial relief in magistrates' courts etc. | | Part 1 | - | Failure to maintain etc.: financial provision | | Part 2 | - | Orders for agreed financial provision | | Part 3 | - | Orders of court where civil partners living apart by agreement | | Part 4 | - | Interim orders | | Part 5 | - | Commencement and duration of orders under Parts 1, 2 and 3 | | Part 6 | - | Variation etc. of orders | | Part 7 | - | Arrears and repayments | | Part 8 | - | Supplementary | | Schedule 7 | - | Financial relief in England and Wales after overseas dissolution etc. of a civil partnership | | Part 1 | - | Financial relief | | Part 2 | - | Steps to prevent avoidance prior to application for leave under paragraph 4 | | Part 3 | - | Supplementary | | Schedule 8 | - | Housing and tenancies | | Schedule 9 | - | Family homes and domestic violence | | Part 1 | - | Amendments of the Family Law Act 1996 (c. 27) | | Part 2 | - | Consequential amendments | | Part 3 | - | Transitional provision | | Schedule 10 | - | Forbidden degrees of relationship: Scotland | | Schedule 11 | - | Financial provision in Scotland after overseas proceedings | | Part 1 | - | Introductory | | Part 2 | - | Circumstances in which court may entertain application for financial provision | | Part 3 | - | Disposal of applications | | Part 4 | - | The expression "order for financial provision" | | Schedule 12 | - | Prohibited degrees of relationship: Northern Ireland | | Schedule 13 | - | Civil partnerships of persons under 18: Northern Ireland | | Part 1 | - | Appropriate persons | | Part 2 | - | Dispensing with consent | | Part 3 | - | Recording consents and orders | | Schedule 14 | - | Wills, administration of estates and family provision: Northern Ireland | | Part 1 | - | Wills | | Part 2 | - | Administration of estates and family provision | | Schedule 15 | - | Financial relief in the High Court or a county court etc.: Northern Ireland | | Part 1 | - | Financial provision in connection with dissolution, nullity or separation | | Part 2 | - | Property adjustment on or after dissolution, nullity or separation | | Part 3 | - | Pension sharing orders on or after dissolution or nullity order | | Part 4 | - | Matters to which court is to have regard under Parts 1 to 3 | | Part 5 | - | Making of Part 1 orders having regard to pension benefits | | Part 6 | - | Pension protection fund compensation etc. | | Part 7 | - | Maintenance pending outcome of dissolution, nullity or separation proceedings | | Part 8 | - | Failure to maintain: financial provision (and interim orders) | | Part 9 | - | Commencement of certain proceedings and duration of certain orders | | Part 10 | - | Variation, discharge etc. of certain orders for financial relief | | Part 11 | - | Arrears and repayments | | Part 12 | - | Consent orders and maintenance agreements | | Part 13 | - | Miscellaneous and supplementary | | Schedule 16 | - | Financial relief in court of summary jurisdiction etc.: Northern Ireland | | Part 1 | - | Failure to maintain etc.: financial provision | | Part 2 | - | Orders for agreed financial provision | | Part 3 | - | Orders of court where civil partners living apart by agreement | | Part 4 | - | Interim orders | | Part 5 | - | Commencement and duration of orders under Parts 1, 2 and 3 | | Part 6 | - | Variation etc. of orders | | Part 7 | - | Arrears and repayments | | Part 8 | - | Supplementary | | Schedule 17 | - | Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership | | Part 1 | - | Financial relief | | Part 2 | - | Steps to prevent avoidance prior to application for leave under paragraph 4 | | Part 3 | - | Supplementary | | Schedule 18 | - | Housing and tenancies: Northern Ireland | | Schedule 19 | - | Family homes and domestic violence: Northern Ireland | | Part 1 | - | Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6)) | | Part 2 | - | Consequential amendments | | Part 3 | - | Transitional provision | | Schedule 20 | - | Meaning of overseas relationship: specified relationships | | Schedule 21 | - | References to stepchildren etc. in existing Acts | | Schedule 22 | - | References to stepchildren etc. in existing Northern Ireland legislation | | Schedule 23 | - | Immigration control and formation of civil partnerships | | Part 1 | - | Introduction | | Part 2 | - | England and Wales | | Part 3 | - | Scotland | | Part 4 | - | Northern Ireland | | Part 5 | - | Regulations | | Schedule 24 | - | Social security, child support and tax credits | | Part 1 | - | Amendments of the Child Support Act 1991 (c. 48) | | Part 2 | - | Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) | | Part 3 | - | Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4) | | Part 4 | - | Amendments of the Social Security Administration Act 1992 (c. 5) | | Part 5 | - | Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) | | Part 6 | - | Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) | | Part 7 | - | Amendments of the Jobseekers Act 1995 (c. 18) | | Part 8 | - | Amendments of the Child Support Act 1995 (c. 34) | | Part 9 | - | Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) | | Part 10 | - | Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) | | Part 11 | - | Amendments of the Social Security Act 1998 (c. 14) | | Part 12 | - | Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) | | Part 13 | - | Amendments of the State Pension Credit Act 2002 (c. 16) | | Part 14 | - | Amendments of the Tax Credits Act 2002 (c. 21) | | Part 15 | - | Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) | | Schedule 25 | - | Amendment of certain enactments relating to pensions | | Schedule 26 | - | Amendment of certain enactments relating to the armed forces | | Schedule 27 | - | Minor and consequential amendments: general | | Schedule 28 | - | Consequential amendments: Scotland | | Part 1 | - | Amendments of the Succession (Scotland) Act 1964 (c. 41) | | Part 2 | - | Amendments of the Family Law (Scotland) Act 1985 (c. 37) | | Part 3 | - | Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66) | | Part 4 | - | Miscellaneous amendments | | Schedule 29 | - | Minor and consequential amendments: Northern Ireland | | Schedule 30 | - | Repeals and revocations |
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