Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so--

(a) at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,

(b) in the absence of a civil partnership registrar,

(d) even though the civil partnership is void under section 49(b) or (c).

(3) A person guilty of an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).

(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

32 Offences relating to Registrar General's licence

(1) A person commits an offence if--

(a) he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;

(b) he gives a certificate as provided for by section 22(3), knowing that the certificate is false.

(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General's licence by proposed civil partners knowing that he does so--

(a) at a place other than the place specified in the licence,

(b) in the absence of a civil partnership registrar,

(d) even though the civil partnership is void under section 49(b) or (c).

(3) A person guilty of an offence under subsection (1) or (2) is liable--

(a) on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

33 Offences relating to the recording of civil partnerships

(1) A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.

(2) A civil partnership registrar guilty of an offence under subsection (1) is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

(b) on summary conviction, to a fine not exceeding the statutory maximum;

and on conviction shall cease to be a civil partnership registrar.

(3) A person commits an offence if--

(a) under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but

(b) he refuses or without reasonable cause omits to do so.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) or (c).

(6) A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(7) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General's licence, knowing that the civil partnership is void under section 49(b) or (c).

(8) A person guilty of an offence under subsection (7) is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(9) A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.

34 Fees

(1) The Chancellor of the Exchequer may by order provide for fees, of such amounts as may be specified in the order, to be payable to such persons as may be prescribed by the order in respect of--

(a) the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;

(b) the making of an application under section 12(1) (application to reduce waiting period);

(d) the attendance of the civil partnership registrar when two people sign the civil partnership document;

(e) such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.

(2) The Registrar General may remit the fee for the issue of his licence in whole or in part in any case where it appears to him that the payment of the fee would cause hardship to the proposed civil partners.

35 Power to assimilate provisions relating to civil registration

(1) The Chancellor of the Exchequer may by order make--

(a) such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made (whether or not under an order under section 1 of the Regulatory Reform Act 2001 (c. 6)) in relation to civil marriage in England and Wales, and

(b) such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).

(2) "Civil marriage" means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

(3) "Amendment" includes repeal or revocation.

(4) "Subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30).

36 Regulations and orders

(1) Regulations may make provision supplementing the provisions of this Chapter.

(2) Regulations may in particular make provision--

(a) relating to the use of Welsh in documents and records relating to civil partnerships;

(b) with respect to the retention of documents relating to civil partnerships;

(d) prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;

(e) for the issue by the Registrar General of guidance supplementing any provision made by the regulations.

(f) for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.

(3) In this Chapter "regulations" means regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.

(4) Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.

(5) A statutory instrument containing an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) No order may be made under section 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Chapter 2 Dissolution, nullity and other proceedings

Introduction

37 Powers to make orders and effect of orders

(1) The court may, in accordance with this Chapter--

(a) make an order (a "dissolution order") which dissolves a civil partnership on the ground that it has broken down irretrievably;

(b) make an order (a "nullity order") which annuls a civil partnership which is void or voidable;

(c) make an order (a "presumption of death order") which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;

(d) make an order (a "separation order") which provides for the separation of the civil partners.

(2) Every dissolution, nullity or presumption of death order--

(a) is, in the first instance, a conditional order, and

(b) may not be made final before the end of the prescribed period (see section 38);

and any reference in this Chapter to a conditional order is to be read accordingly.

(3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.

(4) In this Chapter, other than in sections 58 to 61, "the court" means--

(a) the High Court, or

(b) if a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court.

(5) This Chapter is subject to sections 219 to 224 (jurisdiction of the court).

38 The period before conditional orders may be made final

(1) Subject to subsections (2) to (4), the prescribed period for the purposes of section 37(2)(b) is--

(a) 6 weeks from the making of the conditional order, or

(b) if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.

(2) The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of section 37(2)(b).

(3) But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.

(4) In a particular case the court dealing with the case may by order shorten the prescribed period.

(5) The power to make an order under subsection (2) is exercisable by statutory instrument.

(6) An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

39 Intervention of the Queen's Proctor

(1) This section applies if an application has been made for a dissolution, nullity or presumption of death order.

(2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen's Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.

(3) If any person at any time--

(a) during the progress of the proceedings, or

(b) before the conditional order is made final,

gives information to the Queen's Proctor on any matter material to the due decision of the case, the Queen's Proctor may take such steps as the Attorney General considers necessary or expedient.

(4) If the Queen's Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to--

(a) the payment by other parties to the proceedings of the costs incurred by him in doing so, or

(b) the payment by the Queen's Proctor of any costs incurred by any of those parties because of his doing so.

(5) The Queen's Proctor is entitled to charge as part of the expenses of his office--

(a) the costs of any proceedings under subsection (2);

(b) if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;

40 Proceedings before order has been made final

(1) This section applies if--

(a) a conditional order has been made, and

(b) the Queen's Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

(2) This section also applies if--

(a) a conditional order has been made,

(b) 3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,

(d) the other civil partner makes an application to the court under this subsection.

(3) The court may--

(a) make the order final,

(b) rescind the order,

(d) otherwise deal with the case as it thinks fit.

(4) Subsection (3)(a)--

(a) applies despite section 37(2) (period before conditional orders may be made final), but

(b) is subject to section 48(4) (protection for respondent in separation cases) and section 63 (restrictions on making of orders affecting children).

41 Time bar on applications for dissolution orders

(1) No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.

(2) Nothing in this section prevents the making of an application based on matters which occurred before the end of the 1 year period.

42 Attempts at reconciliation of civil partners

(1) This section applies in relation to cases where an application is made for a dissolution or separation order.

(2) Rules of court must make provision for requiring the solicitor acting for the applicant to certify whether he has--

(a) discussed with the applicant the possibility of a reconciliation with the other civil partner, and

(b) given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.

(3) If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.

(4) The power to adjourn under subsection (3) is additional to any other power of adjournment.

43 Consideration by the court of certain agreements or arrangements

(1) This section applies in relation to cases where--

(a) proceedings for a dissolution or separation order are contemplated or have begun, and

(b) an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.

(2) Rules of court may make provision for enabling--

(a) the civil partners, or either of them, to refer the agreement or arrangement to the court, and

(b) the court--

(i) to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and

(ii) to give such directions, if any, in the matter as it thinks fit.

Dissolution of civil partnership

44 Dissolution of civil partnership which has broken down irretrievably

(1) Subject to section 41, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.

(2) On an application for a dissolution order the court must inquire, so far as it reasonably can, into--

(a) the facts alleged by the applicant, and

(b) any facts alleged by the respondent.

(3) The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).

(4) But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.

(5) The facts referred to in subsections (3) and (4) are--

(a) that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

(b) that--

(i) the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application ("2 years' separation"), and

(ii) the respondent consents to a dissolution order being made;

(c) that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application ("5 years' separation");

(d) that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.

45 Supplemental provisions as to facts raising presumption of breakdown

(1) Subsection (2) applies if--

(a) in any proceedings for a dissolution order the applicant alleges, in reliance on section 44(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but

(b) after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.

(2) The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 44(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.

(3) Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 44(5)(b), that the respondent consents to a dissolution order being made.

(4) Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand--

(a) the consequences to him of consenting to the making of the order, and

(b) the steps which he must take to indicate his consent.

(5) For the purposes of section 44(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.

(6) In considering for the purposes of section 44(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of--

(a) any one period not exceeding 6 months, or

(b) any two or more periods not exceeding 6 months in all,

during which the civil partners resumed living with each other.

(7) But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.

(8) For the purposes of section 44(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.

46 Dissolution order not precluded by previous separation order etc.

(1) Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership--

(a) a separation order;

(b) an order under Schedule 6 (financial relief in magistrates' courts etc.);

(d) an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).

(2) Nothing prevents--

(a) either civil partner from applying for a dissolution order, or

(b) the court from making a dissolution order,

on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).

(3) On the application for the dissolution order, the court--

(a) may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but

(b) must not make the dissolution order without receiving evidence from the applicant.

(4) If--

(a) the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,

(b) there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and

(c) the civil partners have not resumed living together and the separation order has been continuously in force since it was made,

the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.

(5) For the purposes of section 44(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force--

(a) an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or

(b) an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.

47 Refusal of dissolution in 5 year separation cases on ground of grave hardship

(1) The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that--

(a) the dissolution of the civil partnership will result in grave financial or other hardship to him, and

(b) it would in all the circumstances be wrong to dissolve the civil partnership.

(2) Subsection (3) applies if--

(a) the making of a dissolution order is opposed under this section,

(b) the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 44(5), and

(3) The court must--

(a) consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and

(b) if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.

(4) "Hardship" includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.

48 Proceedings before order made final: protection for respondent in separation cases

(1) The court may, on an application made by the respondent, rescind a conditional dissolution order if--

(a) it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent's consent to a dissolution order being made,

(b) it made no such finding as to any other fact mentioned in section 44(5), and

(c) it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.

(2) Subsections (3) to (5) apply if--

(a) the respondent to an application for a dissolution order in which the applicant alleged--

(i) 2 years' separation coupled with the respondent's consent to a dissolution order being made, or

(ii) 5 years' separation,

has applied to the court for consideration under subsection (3) of his financial position after the dissolution of the civil partnership, and

(b) the court--

(i) has made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, and

(ii) has made no such finding as to any other fact mentioned in section 44(5).

(3) The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including--

(a) the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and

(b) the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.

(4) Subject to subsection (5), the court must not make the order final unless it is satisfied that--

(a) the applicant should not be required to make any financial provision for the respondent, or

(b) the financial provision made by the applicant for the respondent is--

(i) reasonable and fair, or

(ii) the best that can be made in the circumstances.

(5) The court may if it thinks fit make the order final if--

(a) it appears that there are circumstances making it desirable that the order should be made final without delay, and

(b) it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.

Nullity

49 Grounds on which civil partnership is void

Where two people register as civil partners of each other in England and Wales, the civil partnership is void if--

(a) at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3),

(b) at the time when they do so they both know--

(i) that due notice of proposed civil partnership has not been given,

(ii) that the civil partnership document has not been duly issued,

(iii) that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),

(iv) that the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, or

(v) that a civil partnership registrar is not present, or

(c) the civil partnership document is void under paragraph 6(5) of Schedule 2 (civil partnership between child and another person forbidden).

50 Grounds on which civil partnership is voidable

(1) Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if--

(a) either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

(b) at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

(d) an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;

(e) the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.

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