| Civil Partnership Act 2004 |
| 2004 Chapter 33 - continued |
| PART 4, CIVIL PARTNERSHIP: NORTHERN IRELAND - continued |
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| back to previous text |
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| | CHAPTER 4 |
| | CIVIL PARTNERSHIP AGREEMENTS |
| 197 | Civil partnership agreements unenforceable
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| | (1) A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights.
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| | (2) No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement.
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| | (3) In this section and section 198 "civil partnership agreement" means an agreement between two people-
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| | (a) to register as civil partners of each other- |
| | (i) in Northern Ireland (under Part 4),
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| | (ii) in England and Wales (under Part 2),
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| | (iii) in Scotland (under Part 3), or
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| | (iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
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| | (b) to enter into an overseas relationship. |
| | (4) This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.
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| 198 | Property where civil partnership agreement is terminated
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| | (1) This section applies if a civil partnership agreement is terminated.
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| | (2) Sections 191 and 192 (disputes between civil partners about property) apply to any dispute between, or claim by, one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
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| | (3) An application made under section 191 or 192 by virtue of subsection (2) must be made within 3 years of the termination of the agreement.
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| | (4) A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
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