Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(b) is property in respect of which an order could (apart from this section) have been made under section 191,

the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 191.

(6) Any power of the court which is exercisable on an application under section 191 is exercisable in relation to an application made under that section as extended by this section.

193 Applications under section 191 by former civil partners

(1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 191 (or under that section as extended by section 192) and references in those sections to a civil partner are to be read accordingly.

(2) An application under subsection (1) must--

(a) where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and

(b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.

194 Assurance policy by civil partner for benefit of other civil partner etc.

Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 (c. 23 (N.I.)) (money payable under policy of life assurance or endowment not to form part of the estate of the insured) applies in relation to a policy of life assurance or endowment--

(a) effected by a civil partner on his own life, and

(b) expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,

as it applies in relation to a policy of life assurance or endowment effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.

195 Wills, administration of estates and family provision

Schedule 14 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.

196 Financial relief for civil partners and children of family

(1) Schedule 15 makes provision for financial relief in connection with civil partnerships that corresponds to the provision made for financial relief in connection with marriages by Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).

(2) Any rule of law under which any provision of Part 3 of the 1978 Order is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 15.

(3) Schedule 16 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)).

(4) Schedule 17 makes provision for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.

Chapter 4 Civil partnership agreements

197 Civil partnership agreements unenforceable

(1) A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights.

(2) No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement.

(3) In this section and section 198 "civil partnership agreement" means an agreement between two people--

(a) to register as civil partners of each other--

(i) in Northern Ireland (under Part 4),

(ii) in England and Wales (under Part 2),

(iii) in Scotland (under Part 3), or

(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

(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.

198 Property where civil partnership agreement is terminated

(1) This section applies if a civil partnership agreement is terminated.

(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.

(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.

(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.

Chapter 5 Children

199 Parental responsibility, children of the family and relatives

(1) Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) ("the 1995 Order") as follows.

(2) In Article 2(2) (interpretation), for the definition of "child of the family" in relation to the parties to a marriage, substitute--

" "child of the family", in relation to parties to a marriage, or to two people who are civil partners of each other, means--

(a) a child of both of them, and

(b) any other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family. "

(3) In the definition of "relative" in Article 2(2), for "by affinity)" substitute "by marriage or civil partnership)".

(4) In Article 7(1C) (acquisition of parental responsibility by step-parent), after "is married to" insert ", or a civil partner of,".

200 Guardianship

In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert--

" (8) An appointment under paragraph (1) or (2) of Article 160 (including one made in an unrevoked will) is revoked if--

(a) the civil partnership of the person who made the appointment is dissolved or annulled, and

(b) the person appointed is his former civil partner.

(9) Paragraph (8) is subject to a contrary intention appearing from the appointment.

(10) In paragraph (8) "dissolved or annulled" means--

(a) dissolved by a dissolution order or annulled by a nullity order under Part 4 of the Civil Partnership Act 2004, or

(b) dissolved or annulled in any country or territory outside Northern Ireland by a dissolution or annulment which is entitled to recognition in Northern Ireland by virtue of Chapter 3 of Part 5 of that Act. "

201 Entitlement to apply for residence or contact order

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; " .

202 Financial provision for children

(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".

203 Adoption

(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";

(8) In Article 54A (Adoption Contact Register), in paragraph (13)(a), for "or marriage" substitute ", marriage or civil partnership".

Chapter 6 Miscellaneous

204 False statements etc. with reference to civil partnerships

(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;

(3) In paragraph (2), after "paragraph (1)" insert "or (1A)".

(4) In the heading to Article 8, after "marriage" insert "or civil partnership".

205 Housing and tenancies

Schedule 18 amends certain enactments relating to housing and tenancies.

206 Family homes and domestic violence

Schedule 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.

207 Fatal accidents claims

(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".

208 Evidence

(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.

209 Restriction on publicity of reports of proceedings

Section 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,

(d) under Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule.

Part 5 Civil partnership formed or dissolved abroad etc.

Chapter 1 Registration outside UK under Order in Council

210 Registration at British consulates etc.

(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 prescribed officer of Her Majesty's Diplomatic Service,

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) An 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), 230(c) and 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).

211 Registration by armed forces personnel

(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

(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), 230(c) and 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

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.

Chapter 2 Overseas relationships treated as civil partnerships

212 Meaning of "overseas relationship"

(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) who under the relevant law are of the same sex at the time when they do so, and

(ii) neither of whom is already a civil partner or lawfully married.

(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).

213 Specified relationships

(1) A specified relationship is a relationship which is specified for the purposes of section 212 by Schedule 20.

(2) The Secretary of State may by order amend Schedule 20 by--

(a) adding a relationship,

(b) amending the description of a relationship, or

(3) No order may be made under this section without the consent of the Scottish Ministers and the Department of Finance and Personnel.

(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 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 is subject to annulment in pursuance of a resolution of either House of Parliament.

214 The general conditions

The 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

(i) treated as a couple either generally or for specified purposes, or

(ii) treated as married.

215 Overseas relationships treated as civil partnerships: the general rule

(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 subsection (3), 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.

(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;

(6) This section is subject to sections 216, 217 and 218.

216 The same-sex requirement

(1) Two people are not to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, at the critical time, they were not of the same sex under United Kingdom law.

(2) But if a full gender recognition certificate is issued under the 2004 Act to a person who has registered an overseas relationship which is within subsection (4), after the issue of the certificate the relationship is no longer prevented from being treated as a civil partnership on the ground that, at the critical time, the parties were not of the same sex.

(3) However, subsection (2) does not apply to an overseas relationship which is within subsection (4) if either of the parties has formed a subsequent civil partnership or lawful marriage.

(4) An overseas relationship is within this subsection if (and only if), at the time mentioned in section 215(2)--

(a) one of the parties ("A") was regarded under the relevant law as having changed gender (but was not regarded under United Kingdom law as having done so), and

(b) the other party was (under United Kingdom law) of the gender to which A had changed under the relevant law.

(5) In this section--

"the critical time" means the time determined in accordance with section 215(2) or (as the case may be) (3);
"the 2004 Act" means the Gender Recognition Act 2004 (c. 7);
"United Kingdom law" means any enactment or rule of law applying in England and Wales, Scotland and Northern Ireland.

(6) Nothing in this section prevents the exercise of any enforceable Community right.

217 Person domiciled in a part of the United Kingdom

(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 16, 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.

218 The public policy exception

Two 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.

Chapter 3 Dissolution etc.: jurisdiction and recognition

Introduction

219 Power to make provision corresponding to EC Regulation 2201/2003

(1) The Lord Chancellor may by regulations make provision--

(a) as to the jurisdiction of courts in England and Wales or 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 a member State,

(ii) is a national of a member State, or

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