Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(9) For subsection (13)(a) and (b) substitute--

" (a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and

(b) as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section). "

(10) In the heading to section 35, after "former spouse" insert "or former civil partner".

7 In section 36 (one cohabitant or former cohabitant with no existing right to occupy), for subsection (13)(a) and (b) substitute--

" (a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and

(b) as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section). "

8 (1) Amend section 37 (neither spouse entitled to occupy) as follows.

(2) After subsection (1) insert--

" (1A) This section also applies if--

(a) one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but

(b) neither of them is entitled to remain in occupation--

(i) by virtue of a beneficial estate or interest or contract; or

(ii) by virtue of any enactment giving him the right to remain in occupation. "

(3) In subsection (3)(b), for "spouses" substitute "parties".

(4) In the heading to section 37, after "spouse" insert "or civil partner".

9 In section 42 (non-molestation orders), after subsection (4) insert--

" (4ZA) If a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) is terminated, no application under this section may be made by virtue of section 62(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated. "

10 (1) In section 44 (evidence of agreement to marry), after subsection (2) insert--

" (3) Subject to subsection (4), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004).

(4) Subsection (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by--

(a) a gift by one party to the agreement to the other as a token of the agreement, or

(b) a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony. "

(2) In the heading to section 44, after "marry" insert "or form a civil partnership".

11 In section 49 (variation and discharge of orders), in subsection (3)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights are, under section 31,", and

(b) for "the other spouse" (in each place) substitute "A".

12 (1) Amend section 54 (dwelling-house subject to mortgage) as follows.

(2) In subsections (3)(a) and (4), for "matrimonial home rights" substitute "home rights".

(3) In subsection (5), after "spouse, former spouse" insert ", civil partner, former civil partner".

13 (1) Amend section 62 (meaning of "cohabitants", "relevant child" and "associated persons") as follows.

(2) In subsection (1)--

(a) in paragraph (a), for "two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship;" substitute "two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners;", and

(b) in paragraph (b), after "have subsequently married each other" insert "or become civil partners of each other".

(3) After subsection (3)(a) insert--

" (aa) they are or have been civil partners of each other; " .

(4) After subsection (3)(e) insert--

" (eza) they have entered into a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated); " .

14 (1) Amend section 63 (interpretation of Part 4) as follows.

(2) In subsection (1), after the definition of "health" insert--

" "home rights" has the meaning given by section 30; " .

(3) Omit the definition of "matrimonial home rights" in that subsection.

(4) In the definition of relative in that subsection--

(a) in paragraphs (a) and (b), for "spouse or former spouse" substitute "spouse, former spouse, civil partner or former civil partner",

(b) in paragraph (b), for "by affinity)" substitute "by marriage or civil partnership)", and

(5) After subsection (2)(i) insert--

" (j) Schedules 5 to 7 to the Civil Partnership Act 2004. "

15 (1) Amend Schedule 4 (provisions supplementary to sections 30 and 31) as follows.

(2) In paragraph 2, after "spouse" (in both places) insert "or civil partner".

(3) In paragraph 3(1) and (3), after "spouse" insert "or civil partner".

(4) In paragraph 4(1), for "spouse's matrimonial home rights" substitute "spouse's or civil partner's home rights".

(5) For paragraphs 4(1)(a) to (c) substitute--

" (a) in the case of a marriage--

(i) by the production of a certificate or other sufficient evidence, that either spouse is dead,

(ii) by the production of an official copy of a decree or order of a court, that the marriage has been terminated otherwise than by death, or

(iii) by the production of an order of the court, that the spouse's home rights constituting the charge have been terminated by the order, and

(b) in the case of a civil partnership--

(i) by the production of a certificate or other sufficient evidence, that either civil partner is dead,

(ii) by the production of an official copy of an order or decree of a court, that the civil partnership has been terminated otherwise than by death, or

(iii) by the production of an order of the court, that the civil partner's home rights constituting the charge have been terminated by the order. "

(6) In paragraph 4(2)--

(a) in paragraph (a)--

(i) after "marriage" insert "or civil partnership", and

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

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

(7) In paragraph 4(3), after "spouse" insert "or civil partner".

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

(9) In paragraph 5(1), for "spouse entitled to matrimonial home rights" substitute "spouse or civil partner entitled to home rights".

(10) In paragraph 5(2)--

(a) for "matrimonial home rights" substitute "home rights", and

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

(11) In the heading to paragraph 5, for "matrimonial home rights" substitute "home rights".

(12) In paragraph 6, after "spouse" (in both places) insert "or civil partner".

16 (1) Amend Schedule 7 (transfer of certain tenancies on divorce etc. or on separation of cohabitants) as follows.

(2) In paragraph 1, before the definition of "cohabitant" insert--

" "civil partner", except in paragraph 2, includes (where the context requires) former civil partner; " .

(3) In paragraph 2(1), after "spouse" (in both places) insert "or civil partner".

(4) For paragraph 2(2) substitute--

" (2) The court may make a Part II order--

(a) on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or

(b) at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership. "

(5) Omit "or" at the end of paragraph 4(a) and insert--

" (aa) in the case of civil partners, a civil partnership home; or " .

(6) In paragraph 5(a), after "spouses" insert ", civil partners".

(7) In paragraph 6--

(a) after "spouse" (in the first place) insert ", a civil partner", and

(b) after "spouse" (in the second place) insert ", civil partner".

(8) In paragraph 7(1) and (2), after "spouse" (in each place) insert ", civil partner".

(9) For paragraph 7(3) to (4) substitute--

" (3) If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of Part 4 of the Housing Act 1985--

(a) his former spouse (or, in the case of judicial separation, his spouse),

(b) his former civil partner (or, if a separation order is in force, his civil partner), or

is to be deemed also to be a successor within the meaning of that Part.

(3A) If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of section 132 of the Housing Act 1996--

(a) his former spouse (or, in the case of judicial separation, his spouse),

(b) his former civil partner (or, if a separation order is in force, his civil partner), or

is to be deemed also to be a successor within the meaning of that section.

(4) If the spouse, civil partner or cohabitant so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy--

(a) his former spouse (or, in the case of judicial separation, his spouse),

(b) his former civil partner (or, if a separation order is in force, his civil partner), or

is to be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section. "

(10) In paragraph 7(5)(a), after "spouse" insert ", civil partner".

(11) Omit paragraph 7(6).

(12) In paragraph 8(1) and (2)(a) and (b), after "spouse" insert ", civil partner".

(13) In paragraph 8(3), after "surviving spouse" insert "or surviving civil partner".

(14) In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both places), after "spouse" insert ", civil partner".

(15) In paragraph 11(1), after "spouses" insert ", civil partners".

(16) In paragraph 11(2), after "spouse" insert ", civil partner".

(17) For paragraph 12 and the heading preceding it, substitute--

" Date when order made between spouses or civil partners takes effect

12 The date specified in a Part II order as the date on which the order is to take effect must not be earlier than--

(a) in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute;

(b) in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final. "

(18) For paragraph 13 and the heading preceding it substitute--

" Effect of remarriage or subsequent civil partnership

13 (1) If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order.

(2) If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order.

(3) In sub-paragraphs (1) and (2)--

(a) the references to remarrying and marrying include references to cases where the marriage is by law void or voidable, and

(b) the references to forming a civil partnership include references to cases where the civil partnership is by law void or voidable. "

(19) In paragraph 15(1)--

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

(b) for "spouse's matrimonial home rights" substitute "spouse's or civil partner's home rights".

(20) In paragraph 15(2), after "spouse" insert ", civil partner".

Part 2 Consequential amendments

Land Compensation Act 1973 (c. 26)

17 (1) Amend section 29A (spouses having statutory rights of occupation) as follows.

(2) In subsection (1)--

(a) for "one spouse ("A")" substitute "one spouse or civil partner ("A")", and

(b) for "the other spouse ("B") acquires matrimonial home rights" substitute "the other spouse or civil partner ("B") acquires home rights".

(3) In subsection (2) for "matrimonial home rights" substitute "home rights".

(4) In the heading to section 29A, after "spouses" insert "and civil partners".

Housing Act 1985 (c. 68)

18 (1) Amend section 85 (extended discretion of court in certain proceedings for possession) as follows.

(2) In subsection (5)--

(a) in paragraph (a) for "tenant's spouse or former spouse, having matrimonial home rights" substitute "tenant's spouse or former spouse, or civil partner or former civil partner, having home rights",

(b) after "the spouse or former spouse" insert ", or the civil partner or former civil partner,", and

(3) In subsection (5A)--

(a) in paragraph (a), for "former spouse of the tenant" substitute "former spouse or former civil partner of the tenant", and

(b) in paragraph (b) and in the words following paragraph (c) after "former spouse," insert "former civil partner,".

19 In section 99B (persons qualifying for compensation) in subsection (2)(f), after "spouse, former spouse," insert "civil partner, former civil partner,".

20 In section 101 (rent not to be increased on account of tenant's improvements) in subsection (3)(d), after "spouse, former spouse," insert "civil partner, former civil partner,".

Insolvency Act 1986 (c. 45)

21 (1) Amend section 336 (rights of occupation etc. of bankrupt's spouse) as follows.

(2) In subsection (1), for "matrimonial home rights" substitute "home rights".

(3) In subsection (2)--

(a) for "a spouse's matrimonial home rights" substitute "a spouse's or civil partner's home rights", and

(b) after "the other spouse" (in each place) insert "or civil partner".

(4) In subsection (4)(b) and (c) after "spouse or former spouse" insert "or civil partner or former civil partner".

(5) In the heading to section 336 after "spouse" insert "or civil partner".

22 (1) Amend section 337 (rights of occupation of bankrupt) as follows.

(2) In subsection (2), for "spouse (if any) has matrimonial home rights" substitute "spouse or civil partner (if any) has home rights".

(3) In subsection (3)--

(a) in paragraph (a), for "matrimonial home rights" substitute "home rights", and

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

Housing Act 1988 (c. 50)

23 (1) Amend section 9 (extended discretion of court in possession claims) as follows.

(2) In subsection (5)--

(a) for "tenant's spouse or former spouse, having matrimonial home rights" substitute "tenant's spouse or former spouse, or civil partner or former civil partner, having home rights",

(b) after "the spouse or former spouse" insert ", or the civil partner or former civil partner", and

(3) In subsection (5A)--

(a) for "former spouse of the tenant" substitute "former spouse or former civil partner of the tenant",

(b) for "cohabitant, former cohabitant or former spouse" (in both places) substitute "former spouse, former civil partner, cohabitant or former cohabitant".

Commonhold and Leasehold Reform Act 2002 (c. 15)

24 (1) Amend section 61 (matrimonial rights) as follows.

(2) For "matrimonial home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (matrimonial home))" substitute "home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (rights in respect of matrimonial or civil partnership home))".

(3) In the heading to section 61 for "Matrimonial" substitute "Home".

Part 3 Transitional provision

25 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)--

(a) to rights of occupation under, or within the meaning of, the Matrimonial Homes Act 1983 (c. 19), or

(b) to matrimonial home rights under, or within the meaning of, Part 4 of the Family Law Act 1996 (c. 27),

is to be construed, so far as is required for continuing the effect of the enactment, instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, Part 4 of the 1996 Act as amended by this Schedule.

(2) Any reference (however expressed) in Part 4 of the 1996 Act or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, Part 4 of the 1996 Act is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, the 1983 Act and to matrimonial home rights under, or within the meaning of, Part 4 of the 1996 Act without the amendments made by this Schedule.

Section 86

SCHEDULE 10 Forbidden degrees of relationship: Scotland

Column 1	Column 2
1.--Relationships by consanguinity
Father	Mother
Son	Daughter
Father's father	Father's mother
Mother's father	Mother's mother
Son's son	Son's daughter
Daughter's son	Daughter's daughter
Brother	Sister
Father's brother	Father's sister
Mother's brother	Mother's sister
Brother's son	Brother's daughter
Sister's son	Sister's daughter
Father's father's father	Father's father's mother
Father's mother's father	Father's mother's mother
Mother's father's father	Mother's father's mother
Mother's mother's father	Mother's mother's mother
Son's son's son	Son's son's daughter
Son's daughter's son	Son's daughter's daughter
Daughter's son's son	Daughter's son's daughter
Daughter's daughter's son	Daughter's daughter's daughter

2.--Relationships by affinity
Son of former wife	Daughter of former husband
Son of former civil partner	Daughter of former civil partner
Former husband of mother	Former wife of father
Former civil partner of father	Former civil partner of mother
Former husband of father's mother	Former wife of father's father
Former civil partner of father's father	Former civil partner of father's mother
Former husband of mother's mother	Former wife of mother's father
Former civil partner of mother's father	Former civil partner of mother's mother
Son of son of former wife	Daughter of son of former husband
Son of son of former civil partner	Daughter of son of former civil partner
Son of daughter of former wife	Daughter of daughter of former husband
Son of daughter of former civil partner	Daughter of daughter of former civil partner

3.--Further relationships by affinity
Father of former wife	Mother of former husband
Father of former civil partner	Mother of former civil partner
Former husband of daughter	Former wife of son
Former civil partner of son	Former civil partner of daughter

Section 125

SCHEDULE 11 Financial provision in Scotland after overseas proceedings

Part 1 Introductory

1 (1) This Schedule applies where--

(a) a civil partnership has been dissolved or annulled in a country or territory outside the British Islands by means of judicial or other proceedings (here the "overseas proceedings"), and

(b) the dissolution or annulment (here the "overseas determination") is entitled to be recognised as valid in Scotland.

(2) This Schedule applies even if the date of the overseas determination is earlier than the date on which this Schedule comes into force.

Part 2 Circumstances in which court may entertain application for financial provision

2 (1) Subject to sub-paragraph (4), if the jurisdictional requirements and the conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied, the court may entertain an application by one of the former civil partners or former ostensible civil partners, (here "A") for an order for financial provision.

(2) The jurisdictional requirements are--

(a) that A is domiciled or habitually resident in Scotland when the application is made,

(b) that the other former civil partner, or former ostensible civil partner, (here "B")--

(i) is domiciled or habitually resident in Scotland when the application is made,

(ii) was domiciled or habitually resident in Scotland when A and B last lived together in civil partnership, or

(iii) when the application is made is an owner or tenant of, or has a beneficial interest in, property in Scotland which has at some time been a family home of A and B, and

(i) A or B is habitually resident in the sheriffdom, or

(ii) property mentioned in sub-paragraph (2)(b)(iii) is wholly or partially in the sheriffdom.

(3) The conditions are that--

(a) B initiated the overseas proceedings,

(b) the application is made within 5 years after the overseas determination takes effect,

(d) A and B are alive when the application is made, and

(e) (taking Part 3 of this Act to have been in force) a court in Scotland would have had jurisdiction to entertain an action for dissolution or annulment of the civil partnership, if such an action had been brought immediately before the overseas determination took effect.

(4) Where the jurisdiction of the court to entertain proceedings under this Schedule would fall to be determined by reference to the jurisdictional requirements imposed by virtue of Part 1 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) (implementation of certain European conventions) or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, then--

(a) satisfaction of the jurisdictional requirements set out in sub-paragraph (2) does not obviate the need to satisfy those so imposed, and

(b) satisfaction of those so imposed obviates the need to satisfy those set out in sub-paragraph (2).

Part 3 Disposal of applications

3 (1) Subject to sub-paragraphs (2) to (5), Scots law applies in relation to an application made under paragraph 2 as it would apply were the application made in an action in Scotland for, as the case may be, dissolution or annulment of a civil partnership.

(2) In disposing of an application made under paragraph 2 the court must exercise its powers so as to place A and B, in so far as it is reasonable and practicable to do so, in the financial position in which they would have been had that application been disposed of, in such an action in Scotland, on the date when the overseas determination took effect.

(3) In determining what is reasonable and practicable for the purposes of sub-paragraph (2), the court must have regard in particular to--

(a) A and B's respective resources, both present and foreseeable, at the date the application is disposed of,

(b) any order made by a foreign court in or in connection with the overseas proceedings, being an order--

(i) for the making of financial provision, in whatever form, by A for B or by B for A, or

(ii) for the transfer of property from A to B or from B to A.

(4) Subject to sub-paragraph (5), the court may make an order for an interim award of a periodical allowance where--

(a) it appears from A's averments that in the disposal of the application an order for financial provision is likely to be made, and

(b) the court considers that such an interim award is necessary to avoid hardship to A.

(5) Where but for paragraph 2(2)(b)(iii) the court would not have jurisdiction to entertain the application, the court may make no order for financial provision other than an order--

(a) relating to the former family home or its furniture and plenishings, or

(b) that B must pay A a capital sum not exceeding the value of B's interest in the former family home and its furniture and plenishings.

Part 4 The expression "order for financial provision"

4 In this Schedule, "order for financial provision" means any one or more of the orders specified in section 8(1) of the Family Law (Scotland) Act 1985 (c. 37) or an order under section 111.

Section 138(2)

SCHEDULE 12 Prohibited degrees of relationship: Northern Ireland

Absolute prohibitions

1 (1) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.

Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent's sibling
Sibling
Sibling's child

(2) In the list "sibling" means a brother, sister, half-brother or half-sister.

Qualified prohibitions

2 (1) Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless--

(a) both of them have reached 21 at the time when they register as civil partners of each other, and

(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
Former spouse of parent
Grandchild of former civil partner
Grandchild of former spouse

(2) "Child of the family", in relation to another person, means a person who--

(a) has lived in the same household as that other person, and

(b) has been treated by that other person as a child of his family.

3 Two people are within prohibited degrees of relationship if one falls within column 1 of the table below in relation to the other, unless--

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