Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(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 Northern Ireland by virtue of a tenancy which is a tenancy mentioned in Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)).

(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 15 to this Act with respect to the civil partnership.

(3) The provisions of paragraphs 9, 10 and 13(1) of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (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 15

14 (1) The following provisions of Schedule 15 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) paragraphs 12, 13 and 14(2) to (4) (pension sharing);

(d) paragraphs 26 to 32 (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);

(e) paragraphs 42(1) to (4) and (6) and 44 (duration of orders);

(f) paragraphs 45 to 47, and 50 to 55, except paragraph 45(1)(g) (variation etc. of orders);

(g) paragraphs 56 to 58 (arrears and repayments);

(h) paragraphs 71 to 74 (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 Northern Ireland.

(3) Paragraph 22 of Schedule 15 (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) as it applies to an order made under Part 1 of Schedule 15 by virtue of paragraph 20 or 21 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 23(1) to (3) of Schedule 15 (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 rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(6) Regulations under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

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 Northern Ireland 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 court to grant injunctions under section 91 of the Judicature (Northern Ireland) Act 1978 (c. 23).

Interpretation of Schedule

19 In this Schedule--

"the court" means the High 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 205

SCHEDULE 18 Housing and tenancies: Northern Ireland

Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))

1 In Article 14 (extended discretion of court), in paragraph (2), after "spouse" (in both places) insert "or civil partner".

2 (1) Amend Schedule 1 (statutory tenants by succession) as follows.

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

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

3 In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house required as residence for landlord or member of his family), in paragraph (d), for "wife or husband" substitute "spouse or civil partner".

Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))

4 (1) Amend Article 2A (meaning of member of a person's family) as follows.

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

Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

5 (1) In Article 24 (interpretation), amend paragraph (3) (meaning of member of another's family) as follows.

(2) After "spouse" insert ", civil partner".

(3) After "marriage" insert "or civil partnership".

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

6 (1) Amend Article 26 (succession on death of tenant) as follows.

(2) In paragraph (2)(a), after "spouse" insert "or civil partner".

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

(4) In paragraph (4), for "paragraph (4A)" substitute "paragraphs (4A) and (4B)".

(5) After paragraph (4A) insert--

" (4B) A tenant to whom the tenancy was assigned in pursuance of an order under any of the following provisions of the Civil Partnership Act 2004--

(a) Part 2 of Schedule 15; or

(b) paragraph 9(2) or (3) of Schedule 17,

is a successor only if the other civil partner was a successor. "

7 In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) insert--

" (aa) the assignment is made in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or " .

8 In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) insert--

" (aa) the vesting or other disposal is in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or " .

9 In Article 94 (subletting or assignment), in paragraph (2), after "1978" insert "or Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004".

10 In Schedule 3 (grounds for possession of dwelling-houses let under secure tenancies), in Ground 2A--

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

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

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

11 (1) Amend Article 3 (meaning of a person's family) as follows.

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

12 In Article 13 (persons qualified to succeed tenant under an introductory tenancy), in paragraph (a), after "spouse" insert "or civil partner".

13 Article 14 (cases where tenant is a successor), in paragraph (2), after sub-paragraph (c) insert--

" (d) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), " .

14 (1) Amend Article 15 (persons qualified to succeed tenant under an introductory tenancy) as follows.

(2) In paragraph (2)(a), after "spouse" insert "or civil partner".

(3) In paragraph (3)(a), after head (iv) insert--

" (v) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), " .

15 Article 16 (assignment in general prohibited), in paragraph (2)(a), after head (iv) insert--

16 In Article 28 (interpretation of Part 3), in the definition of "partner"--

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

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

Section 206

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))

1 (1) Amend Article 2 (interpretation) as follows.

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

" "home rights" has the meaning given by Article 4; " .

(3) In the definition of "matrimonial charge" in that paragraph, after "matrimonial" insert "or civil partnership".

(4) Omit the definition of "matrimonial home rights" in that paragraph.

(5) In the definition of "relative" in that paragraph--

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

(b) after "were married to each other" insert "or were civil partners of each other".

(6) After paragraph (3)(g) insert--

" (h) the Civil Partnership Act 2004. "

(7) In paragraph (7), after "matrimonial" insert "or civil partnership".

2 (1) Amend Article 3 (meaning of "cohabitees", "relevant child" and "associated persons") as follows.

(2) For paragraph (1)(a) substitute--

" (a) "cohabitees" are 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; " .

(3) In paragraph (1)(b), after "have subsequently married each other" insert "or become civil partners of each other".

(4) After paragraph (3)(a) insert--

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

(5) After paragraph (3)(e) insert--

" (eza) they have entered into a civil partnership agreement (as defined by section 197 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated); " .

3 (1) Amend Article 4 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

(2) In paragraph (1)--

(a) in sub-paragraph (a)--

(i) after "one spouse" insert "or civil partner ("A")", and

(ii) for "that spouse" substitute "A",

(b) in sub-paragraph (b), after "other spouse" insert "or civil partner ("B")".

(3) In paragraph (2)--

(a) for "the spouse not so entitled" substitute "B",

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

(4) In paragraph (3)--

(a) for "a spouse" and for "that spouse" substitute "B", and

(b) for "the other spouse" (in both places) substitute "A".

(5) In paragraph (4)--

(a) for "A spouse's" substitute "B's",

(b) in sub-paragraph (a), for "by the other spouse as the other spouse's" substitute "by A as A's", and

(i) for "the spouse occupies the dwelling-house as that spouse's" substitute "B occupies the dwelling-house as B's", and

(ii) for "by the other spouse as the other spouse's" substitute "by A as A's".

(6) In paragraph (5)--

(a) for "a spouse ("the first spouse")" substitute "B", and

(b) in sub-paragraph (b), for "the other spouse ("the second spouse")" substitute "A",

(d) for "the first spouse" substitute "B".

(7) In paragraph (6)--

(a) for "a spouse" substitute "B", and

(b) for "the other spouse" (in both places) substitute "A".

(8) In paragraph (7), for the words from first "which" to the end substitute " which--

(a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

(b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs. "

(9) In paragraph (8)--

(a) for "A spouse's matrimonial home rights" substitute "B's home rights",

(b) in sub-paragraph (a), after "marriage" insert "or civil partnership", and

(10) In paragraph (9)--

(a) for "a spouse" substitute "a person",

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

(11) In the heading to Article 4, for "matrimonial home where one spouse" substitute "home where one spouse or civil partner" and, in the preceding cross-heading, after "matrimonial" insert "or civil partnership".

4 (1) Amend Article 5 (effect of matrimonial home rights as charge on dwelling-house) as follows.

(2) In paragraph (1), for "marriage, one spouse" substitute "marriage or civil partnership, A".

(3) In paragraph (2), for "The other spouse's matrimonial home rights" substitute "B's home rights".

(4) In paragraph (3)--

(a) in sub-paragraph (a), for "the spouse so entitled" substitute "A", and

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

(5) In paragraph (4)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights",

(b) for "the other spouse" substitute "A", and

(6) In paragraph (5), for "the other spouse" substitute "A".

(7) In paragraph (6), for "the spouses" substitute "A and B".

(8) In paragraph (7)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights",

(b) in sub-paragraph (a), for "the other spouse" substitute "A", and

(9) In paragraph (8)--

(a) in sub-paragraph (a), for "a spouse's matrimonial home rights" substitute "B's home rights", and

(b) for "the other spouse" (in both places) substitute "A".

(10) In the heading to Article 5, for "matrimonial home rights" substitute "home rights".

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