Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(whether or not in the foreseeable future).

(5) The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(h) of Schedule 5 (regard to be had to benefits that cease to be acquirable), include--

(a) any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring, and

(b) any PPF compensation which, because of the making of the dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

(6) The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 22(2) of Schedule 5.

(7) The court, in exercising its powers under paragraph 9 against a civil partner ("A") in favour of a child of the family who is not A's child, must also have regard to the matters mentioned in paragraph 22(3) of Schedule 5.

(8) Where an order has been made by a court outside England and Wales for--

(a) the making of payments, or

(b) the transfer of property,

by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with.

(9) In this paragraph--

(a) "pension arrangement" has the same meaning as in Part 4 of Schedule 5,

(b) references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not, and

Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales

11 (1) Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales.

(2) The court may make under paragraph 9 any one or more of the following orders (but no other)--

(a) an order that one of the civil partners shall pay to the other a specified lump sum;

(b) an order that one of the civil partners shall pay to a child of the family, or to a specified person for the benefit of a child of the family, a specified lump sum;

(c) an order that one of the civil partners shall transfer that civil partner's interest in the dwelling-house, or a specified part of that interest--

(i) to the other,

(ii) to a child of the family, or

(iii) to a specified person for the benefit of a child of the family;

(d) an order that a settlement of the interest of one of the civil partners in the dwelling-house, or a specified part of that interest, be made to the satisfaction of the court for the benefit of any one or more of--

(i) the other civil partner and the children of the family, or

(ii) either or any of them;

(e) an order varying for the benefit of any one or more of--

(i) the civil partners and the children of the family, or

(ii) either or any of them,

a relevant settlement so far as that settlement relates to an interest in the dwelling-house;

(f) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement so far as that interest is an interest in the dwelling-house;

(g) an order for the sale of the interest of one of the civil partners in the dwelling-house.

(3) Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in sub-paragraph (5).

(4) Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5).

(5) That amount is--

(a) if the interest of the paying civil partner in the dwelling-house is sold in pursuance of an order made under sub-paragraph (2)(g), the amount of the proceeds of sale of that interest after deducting from those proceeds any costs incurred in the sale of that interest;

(b) if that interest is not so sold, the amount which in the opinion of the court represents the value of that interest.

(6) Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons--

(a) the reference in sub-paragraph (2)(g) to the interest of one of the civil partners shall be construed as including a reference to the interest of that other person, or the interest of those other persons, in the dwelling-house, and

(b) the reference in sub-paragraph (5)(a) to the amount of the proceeds of a sale ordered under sub-paragraph (2)(g) shall be construed as a reference to that part of those proceeds which is attributable to the interest of that civil partner in the dwelling-house.

(7) In sub-paragraph (2)--

"relevant settlement" means a settlement made, during the subsistence of the civil partnership or in anticipation of its formation, on the civil partners, including one made by will or codicil;
"specified" means specified in the order.

Consent orders under paragraph 9

12 (1) On an application for a consent order under paragraph 9, the court may make an order in the terms agreed on the basis only of the prescribed information furnished with the application.

(2) Sub-paragraph (1) does not apply if the court has reason to think that there are other circumstances into which it ought to inquire.

(3) Sub-paragraph (1) applies to an application for a consent order varying or discharging an order under paragraph 9 as it applies to an application for such an order.

(4) Sub-paragraph (1) applies despite paragraph 10.

(5) In this paragraph--

"consent order", in relation to an application for an order, means an order in the terms applied for to which the respondent agrees;
"prescribed" means prescribed by rules of court.

Orders for transfers of tenancies of dwelling-houses

13 (1) This paragraph applies if--

(a) an application is made by one of the civil partners for an order under this paragraph, and

(b) one of the civil partners is entitled, either in his own right or jointly with the other civil partner, to occupy a dwelling-house in England or Wales by virtue of a tenancy which is a relevant tenancy within the meaning of Schedule 7 to the Family Law Act 1996 (c. 27).

(2) The court may make in relation to that dwelling-house any order which it could make under Part 2 of that Schedule (order transferring tenancy or switching statutory tenants) if it had power to make a property adjustment order under Part 2 of Schedule 5 to this Act with respect to the civil partnership.

(3) The provisions of paragraphs 10, 11 and 14(1) of Schedule 7 to the Family Law Act 1996 (payments by transferee, pre-transfer liabilities and right of landlord to be heard) apply in relation to any order under this paragraph as they apply to any order under Part 2 of that Schedule.

Application to orders under paragraphs 5 and 9 of provisions of Schedule 5

14 (1) The following provisions of Schedule 5 apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule--

(a) paragraph 3(1) to (3) and (7) (lump sums);

(b) paragraph 11(2) to (4), 12(2), 13 and 14 (orders for sale);

(d) paragraphs 25 and 26 (orders under Part 1 relating to pensions);

(e) paragraphs 31 to 37 (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);

(f) paragraphs 47(1) to (4) and (6) and 49 (duration of orders);

(g) paragraphs 50 to 54 and 57 to 62, except paragraph 50(1)(g) (variation etc. of orders);

(h) paragraphs 63 to 65 (arrears and repayments);

(i) paragraphs 76 to 79 (drafting of instruments, bankruptcy, mental disorder, and pension-sharing appeals).

(2) Sub-paragraph (1)(d) does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales.

(3) Paragraph 27 of Schedule 5 (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) above as it applies to an order made under Part 1 of Schedule 5 by virtue of paragraph 25 or 26 of that Schedule.

(4) The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 28(1) to (3) of Schedule 5 (supplementary provision about orders relating to pensions under Part 1 of that Schedule).

(5) The power to make regulations under this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Avoidance of transactions designed to defeat claims under paragraphs 5 and 9

15 (1) Sub-paragraphs (2) and (3) apply where one of the civil partners ("A") is granted leave under paragraph 4 to make an application for an order under paragraph 9.

(2) If the court is satisfied, on application by A, that the other civil partner ("B") is, with the intention of defeating a claim by A, about to--

(a) make any disposition, or

(b) transfer out of the jurisdiction, or otherwise deal with, any property,

it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.

(3) If the court is satisfied, on application by A--

(a) that the other civil partner ("B") has, with the intention of defeating a claim by A, made a reviewable disposition, and

(b) that, if the disposition were set aside--

(i) financial relief under paragraph 5 or 9, or

(ii) different financial relief under paragraph 5 or 9,

would be granted to A,

it may make an order setting aside the disposition.

(4) If--

(a) an order under paragraph 5 or 9 has been made by the court at the instance of one of the civil partners ("A"), and

(b) the court is satisfied, on application by A, that the other civil partner ("B") has, with the intention of defeating a claim by A, made a reviewable disposition,

the court may make an order setting aside the disposition.

(5) Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned.

(6) Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).

(7) For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a "reviewable disposition" (whether made before or after the commencement of A's application under that sub-paragraph).

(8) A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A's claim.

(9) A reference in this paragraph to defeating a claim by one of the civil partners is a reference to--

(a) preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that civil partner, or

(b) frustrating or impeding the enforcement of any order which might be, or has been, made under paragraph 5 or 9 at the instance of that civil partner.

Presumptions for the purposes of paragraph 15

16 (1) Sub-paragraph (3) applies where--

(a) an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to--

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(2) Sub-paragraph (3) also applies where--

(a) an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and

(b) the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

(3) It shall be presumed, unless the contrary is shown, that the person who--

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant's claim.

(4) A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).

Part 2 Steps to prevent avoidance prior to application for leave under paragraph 4

Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9

17 (1) If it appears to the court, on application by one of the persons ("A") who formed a civil partnership--

(a) that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,

(b) that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually resident in England and Wales for the period of one year, and

(i) make any disposition, or

(ii) transfer out of the jurisdiction, or otherwise deal with, any property,

the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c).

(2) Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.

(3) Sub-paragraph (4) applies where--

(a) an application is made under sub-paragraph (1) with respect to--

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(4) It shall be presumed, unless the contrary is shown, that the person who--

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant's claim.

(5) A reference in this paragraph to defeating a person's claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.

Part 3 Supplementary

Paragraphs 15 to 17: meaning of "disposition" and saving

18 (1) In paragraphs 15 to 17 "disposition" does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.

(2) The provisions of paragraphs 15 to 17 are without prejudice to any power of the High Court to grant injunctions under section 37 of the Supreme Court Act 1981 (c. 54).

Interpretation of Schedule

19 In this Schedule--

"the court" means the High Court or, where a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court;
"dwelling-house" includes--
(a)
any building, or part of a building, which is occupied as a dwelling, and
(b)
any yard, garden, garage or outhouse belonging to, and occupied with, the dwelling-house;
"overseas country" has the meaning given by paragraph 1(3).

Section 81

SCHEDULE 8 Housing and tenancies

Law of Property Act 1925 (c. 20)

1 (1) Amend section 149(6) (which includes provision for a lease determinable on marriage of the lessee to take effect as a lease for 90 years determinable by notice after the lessee's marriage) as follows.

(2) After "or on the marriage of the lessee," insert "or on the formation of a civil partnership between the lessee and another person,".

(3) For "after the death or marriage (as the case may be) of the original lessee, or of the survivor of the original lessees," substitute "after (as the case may be) the death or marriage of, or the formation of a civil partnership by, the original lessee or the survivor of the original lessees,".

Landlord and Tenant Act 1954 (c. 56)

2 In paragraph 1(e) of Schedule 3 (grounds for possession: premises required as residence for landlord or family member), for the words from "as a residence" to "spouse, and" substitute " as a residence for--

(i) himself,

(ii) any son or daughter of his over eighteen years of age,

(iii) his father or mother, or

(iv) the father, or mother, of his spouse or civil partner,

and " .

Leasehold Reform Act 1967 (c. 88)

3 In section 1(1ZC)(c) (which refers to section 149(6) of the Law of Property Act 1925), after "terminable after a death or marriage" insert "or the formation of a civil partnership".

4 In section 1B (which refers to a tenancy granted so as to become terminable by notice after a death or marriage), for "a death or marriage" substitute "a death, a marriage or the formation of a civil partnership".

5 (1) Amend section 3(1) (meaning of "long tenancy") as follows.

(2) In the words describing section 149(6) of the Law of Property Act 1925, after "terminable after a death or marriage" insert "or the formation of a civil partnership".

(3) In the proviso (exclusion of certain tenancies terminable by notice after death or marriage)--

(a) for "a death or marriage" substitute "a death, a marriage or the formation of a civil partnership", and

(b) in paragraph (a), after "marriage of" insert ", or the formation of a civil partnership by,".

6 (1) Amend section 7 (rights of members of family succeeding to tenancy on death) as follows.

(2) In subsection (7) ("family member"), for "wife or husband" (in each place) substitute "spouse or civil partner".

(3) In subsection (8) (surviving spouse's rights on intestacy)--

(a) in paragraph (a), for "wife or husband" substitute "spouse or civil partner", and

(b) in paragraph (b), for "husband or wife" substitute "spouse or civil partner".

7 In section 18(3) (members of landlord's family whose residential rights exclude enfranchisement or extension), for "wife or husband" (in each place) substitute "spouse or civil partner".

Caravan Sites Act 1968 (c. 52)

8 In section 3(2) ("occupier" includes surviving spouse of deceased occupier), for "or widower" (in each place) substitute ", widower or surviving civil partner".

Rent (Agriculture) Act 1976 (c. 80)

9 (1) Amend section 3 (protected occupiers by succession) as follows.

(2) For subsection (2) (succession by surviving spouse) substitute--

" (2) Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier's death then, after the original occupier's death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house. "

(3) In subsection (3) (succession by other family members)--

(a) for "surviving spouse" substitute "surviving partner",

(b) for "his" (in each place) substitute "the original occupier's", and

(4) After subsection (3) insert--

" (3A) In subsections (2) and (3) above "surviving partner" means surviving spouse or surviving civil partner. "

10 (1) Amend section 4 (statutory tenants and tenancies) as follows.

(2) For subsection (3) (surviving spouse's statutory tenancy) substitute--

" (3) If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier's death then, after the original occupier's death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence. "

(3) In subsection (4) (statutory tenancy for other family members)--

(a) for "surviving spouse" substitute "surviving partner",

(b) for "his" (in each place) substitute "the original occupier's", and

(4) For subsection (5A) (references to original occupier's spouse include person living with occupier as his or her wife or husband) substitute--

" (5ZA) In subsections (3) and (4) above "surviving partner" means surviving spouse or surviving civil partner.

(5A) For the purposes of subsection (3) above--

(a) a person who was living with the original occupier as his or her husband or wife shall be treated as the spouse of the original occupier, and

(b) a person who was living with the original occupier as if they were civil partners shall be treated as the civil partner of the original occupier,

and, subject to subsection (5B) below, "surviving spouse" and "surviving civil partner" in subsection (5ZA) above shall be construed accordingly. "

11 In section 31(3)(c) (power of Secretary of State and National Assembly for Wales to require information about occupiers of housing accommodation associated with agricultural or forestry land), after "who has been married to" insert ", or has been the civil partner of,".

12 In paragraph 1 of Case 9 in Part 1 of Schedule 4 (discretionary grounds for possession: dwelling required as residence for member of landlord's family), after "husband" (in each place) insert "or civil partner".

Rent Act 1977 (c. 42)

13 (1) In Part 1 of Schedule 1 (statutory tenants by succession), amend paragraph 2 (succession by surviving spouse) as follows.

(2) In sub-paragraph (1), after "surviving spouse" insert ", or surviving civil partner,".

(3) For sub-paragraph (2) substitute--

" (2) For the purposes of this paragraph--

(a) a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant, and

(b) a person who was living with the original tenant as if they were civil partners shall be treated as the civil partner of the original tenant. "

(4) In sub-paragraph (3), for the words after "the county court" substitute "shall for the purposes of this paragraph be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the original tenant) as the surviving spouse or the surviving civil partner."

14 In Schedule 15 (grounds for possession), in Case 9 in Part 1 (dwelling required as residence for landlord or member of his family), for "wife or husband" substitute "spouse or civil partner".

Protection from Eviction Act 1977 (c. 43)

15 In section 4(2)(b) (special provisions for agricultural employees: "occupier" includes surviving spouse of former tenant), for "widow or widower" (in each place) substitute "surviving spouse or surviving civil partner".

Housing Act 1980 (c. 51)

16 In section 54(2) (protected shorthold tenancy etc. may not be assigned except in pursuance of certain orders), after paragraph (c) insert " , or

(d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.). "

17 In section 76(3) (which amends provisions of the Rent (Agriculture) Act 1976 replaced by this Schedule), for "sections 3(2) and (3)(a) and 4(3) and (4)(a)" substitute "sections 3(3)(a) and 4(4)(a)".

Housing Act 1985 (c. 68)

18 In sections 39(2)(b) and 160(2)(b) (meaning of "qualifying person" in definition of "exempted disposal"), after "the spouse or a former spouse" insert ", or the civil partner or a former civil partner,".

19 In section 39(3) (disposals exempt if in pursuance of certain orders), after paragraph (d) insert " , or

(e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.). "

20 In section 87(a) (entitlement of tenant's spouse to succeed to secure tenancy), after "spouse" insert "or civil partner".

21 (1) Amend section 88 (cases where secure tenant is a successor) as follows.

(2) In subsection (1)(d), for "(2) and (3)" substitute "(2) to (3)".

(3) After subsection (2) insert--

" (2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.) is a successor only if the other civil partner was a successor. "

22 (1) Amend section 89 (succession to periodic secured tenancy) as follows.

(2) In subsection (2)(a) (tenant's spouse is preferred successor), after "spouse" insert "or civil partner".

(3) In subsection (3)(a), after "parents)" in sub-paragraph (iii) insert " , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.) " .

23 In section 90(3)(a) (secure tenancy for term certain does not cease to be secure tenancy if vested under certain orders), after sub-paragraph (iii) insert--

" (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), or " .

24 In section 91(3)(b) (assignments not prohibited if in pursuance of certain orders), after "parents)" in sub-paragraph (iii) insert " , or

25 In section 99B(2)(e) (subsection applies to assignees in pursuance of certain orders), after "parents)" in sub-paragraph (iii) insert " , or

26 In section 101(3)(c) (assignees in pursuance of certain orders are qualifying successors), after "parents)" in sub-paragraph (iii) insert " , or

27 (1) Amend sections 113 and 186 (meaning of "member of a person's family" in Parts 3 and 4) as follows.

(2) In subsection (1)(a)--

(a) after "spouse" insert "or civil partner", and

(b) after "live together as husband and wife" insert "or as if they were civil partners".

(3) In subsection (2)(a), after "a relationship by marriage" insert "or civil partnership".

28 In section 123(2)(a) (family members with whom right to buy may be exercised), after "is his spouse" insert ", is his civil partner".

29 In section 130(3) (persons whose receipt of discount results in reduction of subsequent discount)--

(a) in paragraph (b), after "spouse" insert ", or civil partner," and

(b) in paragraph (c), after "deceased spouse" insert ", or deceased civil partner,".

30 In section 160(3) (right to buy: disposals in pursuance of certain orders are exempted), after paragraph (d) insert " , or

31 In section 171B(4)(b) (persons who become tenants in pursuance of certain orders are qualifying successors), after sub-paragraph (iv) insert " or

(v) an order under Part 2 of Schedule 5, or a property adjustment order under paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), " .

32 In section 554(2A) (grant by registered social landlords to former owner-occupier of defective dwelling), for paragraph (b) substitute--

" (b) is the spouse or civil partner, or a former spouse or former civil partner, or the surviving spouse or surviving civil partner, of a person falling within paragraph (a); or " .

33 In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court considers possession reasonable), in ground 2A (violence by member of a couple)--

(a) for "a married couple or" substitute "a married couple, a couple who are civil partners of each other," and

(b) after "as husband or wife" insert "or a couple living together as if they were civil partners".

34 In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy and discount)--

(a) after "deceased spouse" in paragraph (c) of each of those paragraphs insert ", or deceased civil partner," and

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