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PART 2 continued CHAPTER 2 continued
(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
(c) apart from this section, the court would make a dissolution order.
(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.
(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.
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).
(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;
(c) at the time of its formation, the respondent was pregnant by some person other than the applicant;
(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.
(2) In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).
(1) The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—
(a) that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and
(b) that it would be unjust to the respondent to make the order.
(2) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—
(a) it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or
(b) leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).
(3) A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—
(a) is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and
(b) considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
(4) An application for leave under subsection (3) may be made after the end of the 3 year period.
(5) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.
(6) Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.
(1) Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—
(a) that any person whose consent to the civil partnership was required by section 4 (parental etc. consent) had given his consent, or
(b) that the civil partnership registrar was designated as such by the registration authority in whose area the registration took place;
and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.
(2) Subsection (1)(a) is subject to section 49(c) (civil partnership void if forbidden).
(1) Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).
(2) An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).
(3) The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.
(4) The Lord Chancellor must—
(a) consider all objections to the order sent to him in writing during that month, and
(b) if it appears to him necessary, direct a local inquiry into the validity of any such objections.
(5) An order under subsection (1) is subject to special parliamentary procedure.
(1) Where two people register as civil partners of each other in Scotland, the civil partnership is—
(a) void, if it would be void in Scotland under section 123, and
(b) voidable, if the circumstances fall within section 50(1)(d).
(2) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—
(a) void, if it would be void in Northern Ireland under section 173, and
(b) voidable, if the circumstances fall within any paragraph of section 50(1).
(3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—
(a) section 210 (registration at British consulates etc.), or
(b) section 211 (registration by armed forces personnel),
(“the relevant section”).
(4) The civil partnership is—
(a) void, if—
(i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or
(ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and
(b) voidable, if—
(i) the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or
(ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).
(5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.
(6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.
(7) The civil partnership is void if—
(a) the relationship is not an overseas relationship, or
(b) (even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.
(8) The civil partnership is voidable if—
(a) the overseas relationship is voidable under the relevant law,
(b) the circumstances fall within section 50(1)(d), or
(c) where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).
(9) Section 51 applies for the purposes of—
(a) subsections (1)(b), (2)(b) and (4)(b),
(b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and
(c) subsection (8)(b) and (c).
(10) In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).
(11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.
(1) The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.
(2) In any proceedings under this section the fact that—
(a) for a period of 7 years or more the other civil partner has been continually absent from the applicant, and
(b) the applicant has no reason to believe that the other civil partner has been living within that time,
is evidence that the other civil partner is dead until the contrary is proved.
(1) An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) exists.
(2) On an application for a separation 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,
but whether the civil partnership has broken down irretrievably is irrelevant.
(3) If the court is satisfied on the evidence of any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) it must, subject to section 63, make a separation order.
(4) Section 45 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.
If either civil partner dies intestate as respects all or any of his or her real or personal property while—
(a) a separation order is in force, and
(b) the separation is continuing,
the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.
(1) Any person may apply to the High Court or a county court for one or more of the following declarations in relation to a civil partnership specified in the application—
(a) a declaration that the civil partnership was at its inception a valid civil partnership;
(b) a declaration that the civil partnership subsisted on a date specified in the application;
(c) a declaration that the civil partnership did not subsist on a date so specified;
(d) a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;
(e) a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.
(2) Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.
(1) Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.
(2) Any declaration under section 58 binds Her Majesty and all other persons.
(3) The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.
(4) No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.
(5) No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.
(6) Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.
(1) On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
(2) The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—
(a) intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and
(b) argue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.
(3) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.
(1) Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.
(2) Rules of court may make provision—
(a) as to the information required to be given by any applicant for a declaration under section 58;
(b) requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.
(3) No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.
(4) The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.
(5) An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.
(1) If in any proceedings for a dissolution order the respondent alleges and proves any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) the court may give to the respondent the relief to which he would have been entitled if he had made an application seeking that relief.
(2) When applying subsection (1), treat—
(a) the respondent as the applicant, and
(b) the applicant as the respondent,
for the purposes of section 44(5).
(1) In any proceedings for a dissolution, nullity or separation order, the court must consider—
(a) whether there are any children of the family to whom this section applies, and
(b) if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children Act 1989 (c. 41) with respect to any of them.
(2) If, in the case of any child to whom this section applies, it appears to the court that—
(a) the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1989 Act with respect to any such child,
(b) it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and
(c) there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,
it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.
(3) This section applies to—
(a) any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and
(b) any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.
(1) Rules of court may make provision with respect to—
(a) the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,
(b) the dismissal from such proceedings of any parties so joined, and
(c) the persons who are to be parties to proceedings on an application under section 58.
(2) Rules of court made under this section may make different provision for different cases.
(3) In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.
(1) This section applies if—
(a) a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and
(b) the contribution is of a substantial nature.
(2) The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—
(a) as may have been then agreed, or
(b) in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).
(3) Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.
(1) In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—
(a) the High Court, or
(b) such county court as may be prescribed by rules of court.
(2) On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).
(3) Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.
(1) The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—
(a) money to which, or to a share of which, A was beneficially entitled, or
(b) property (other than money) to which, or to an interest in which, A was beneficially entitled,
and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.
(2) For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—
(a) because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or
(b) for any other reason.
(3) Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—
(a) has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and
(b) has not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.
(4) The power of the court to make orders under section 66 includes power to order B to pay to A—
(a) in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, or
(b) in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.
(5) If it appears to the court that there is any property which—
(a) represents the whole or part of the money or property, and
(b) is property in respect of which an order could (apart from this section) have been made under section 66,
the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.
(6) Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.
(1) This section applies where a civil partnership has been dissolved or annulled.
(2) Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).
(3) The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.
(1) This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.
(2) The court may stay the proceedings if it appears—
(a) that no substantial benefit would accrue to either civil partner from the continuation of the proceedings, or
(b) that the question or questions in issue could more conveniently be disposed of on an application under section 66.
(3) Without prejudice to subsection (2)(b), the court may in such an action—
(a) exercise any power which could be exercised on an application under section 66, or
(b) give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—
(a) effected by a civil partner on his own life, and
(b) expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,
as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
Civil Partnership Act 2004