Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
104

(b)
the two people concerned registered as civil partners of each other in
England and Wales and it appears to the court to be in the interests of
justice to assume jurisdiction in the case.
Jurisdiction of Scottish courts
217
Jurisdiction of Scottish courts
5
(1)
The Court of Session has jurisdiction to entertain an action for the dissolution
of a civil partnership or for separation of civil partners if (and only if)—
(a)
the court has jurisdiction under section 211 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 211
regulations and either civil partner is domiciled in Scotland on the date
10
when the proceedings are begun, or
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in Scotland,
(ii)
no court has, or is recognised as having, jurisdiction under
15
section 211 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(2)
The sheriff has jurisdiction to entertain an action for the dissolution of a civil
partnership or for separation of civil partners if (and only if) the requirements
20
of paragraph (a) or (b) of subsection (1) are met and either civil partner—
(a)
was resident in the sheriffdom for a period of 40 days ending with the
date when the action is begun, or
(b)
had been resident in the sheriffdom for a period of not less than 40 days
ending not more than 40 days before that date and has no known
25
residence in Scotland at that date.
(3)
The Court of Session has jurisdiction to entertain an action for declarator of
nullity of a civil partnership if (and only if)—
(a)
the Court has jurisdiction under section 211 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 211
30
regulations and either of the ostensible civil partners—
(i)
is domiciled in Scotland on the date when the proceedings are
begun, or
(ii)
died before that date and either was at death domiciled in
Scotland or had been habitually resident in Scotland
35
throughout the period of 1 year ending with the date of death,
or
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in Scotland,
40
(ii)
no court has, or is recognised as having, jurisdiction under
section 211 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(4)
At any time when proceedings are pending in respect of which a court has
45
jurisdiction by virtue of any of subsections (1) to (3) (or this subsection) it also
has jurisdiction to entertain other proceedings, in respect of the same civil

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
105

partnership (or ostensible civil partnership), for dissolution, separation or (but
only where the court is the Court of Session) declarator of nullity, even though
that jurisdiction would not be exercisable under any of subsections (1) to (3).
218
Sisting of proceedings
(1)
Rules of court may make provision in relation to civil partnerships
5
corresponding to the provision made in relation to marriages by Schedule 3 to
the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish
consistorial actions).
(2)
The rules may in particular make provision—
(a)
for the provision of information by the pursuer and by any other person
10
who has entered appearance in an action where proceedings relating to
the same civil partnership (or ostensible civil partnership) are
continuing in another jurisdiction, and
(b)
for an action to be sisted where there are concurrent proceedings
elsewhere in respect of the same civil partnership (or ostensible civil
15
partnership).
219
Scottish ancillary and collateral orders
(1)
This section applies where after the commencement of this Act an application
is competently made to the Court of Session or the sheriff for the making, or the
variation or recall, of an order which is ancillary or collateral to an action for—
20
(a)
the dissolution of a civil partnership,
(b)
the separation of civil partners, or
(c)
declarator of nullity of a civil partnership.
(2)
And the section applies whether the application is made in the same
proceedings or in other proceedings and whether it is made before or after the
25
pronouncement of a final decree in the action.
(3)
If the court has or, as the case may be, had jurisdiction to entertain the action,
it has jurisdiction to entertain the application unless—
(a)
jurisdiction to entertain the action was under section 211 regulations,
and
30
(b)
to make, vary or recall the order to which the application relates would
contravene the regulations.
(4)
Where the Court of Session has jurisdiction by virtue of this section to entertain
an application for the variation or recall, as respects any person, of an order
made by it and the order is one to which section 8 (variation and recall by the
35
sheriff of certain orders made by the Court of Session) of the Law Reform
(Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the
purposes of any application under that section for the variation or recall of the
order in so far as it relates to the person, the sheriff (as defined in that section)
has jurisdiction to exercise the power conferred on him by that section.
40
(5)
The reference in subsection (1) to an order which is ancillary or collateral is to
an order relating to children, aliment, financial provision or expenses.

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
106

Jurisdiction of courts in Northern Ireland
220
Meaning of “the court”
In sections 221 to 224 “the court” has the meaning given by section 183.
221
Proceedings for dissolution, separation or nullity order
(1)
The court has jurisdiction to entertain proceedings for a dissolution order or a
5
separation order if (and only if)—
(a)
the court has jurisdiction under section 211 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 211
regulations and either civil partner is domiciled in Northern Ireland on
the date when the proceedings are begun, or
10
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in Northern Ireland,
(ii)
no court has, or is recognised as having, jurisdiction under
section 211 regulations, and
15
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(2)
The court has jurisdiction to entertain proceedings for a nullity order if (and
only if)—
(a)
the court has jurisdiction under section 211 regulations,
20
(b)
no court has, or is recognised as having, jurisdiction under section 211
regulations and either civil partner—
(i)
is domiciled in Northern Ireland on the date when the
proceedings are begun, or
(ii)
died before that date and either was at death domiciled in
25
Northern Ireland or had been habitually resident in Northern
Ireland throughout the period of 1 year ending with the date of
death, or
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
30
other in Northern Ireland,
(ii)
no court has, or is recognised as having, jurisdiction under
section 211 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
35
(3)
At any time when proceedings are pending in respect of which the court has
jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also
has jurisdiction to entertain other proceedings, in respect of the same civil
partnership, for a dissolution, separation or nullity order, even though that
jurisdiction would not be exercisable under subsection (1) or (2).
40
222
Proceedings for presumption of death order
The High Court has jurisdiction to entertain proceedings for a presumption of
death order if (and only if)—
(a)
the applicant is domiciled in Northern Ireland on the date when the
proceedings are begun,
45

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
107

(b)
the applicant was habitually resident in Northern Ireland throughout
the period of 1 year ending with that date, or
(c)
the two people concerned registered as civil partners of each other in
Northern Ireland and it appears to the High Court to be in the interests
of justice to assume jurisdiction in the case.
5
223
Proceedings for dissolution, nullity or separation order: supplementary
(1)
Rules of court may make provision in relation to civil partnerships
corresponding to the provision made in relation to marriages by Schedule 1 to
the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.
15)).
10
(2)
The rules may in particular make provision—
(a)
for the provision of information by applicants and respondents in
proceedings for dissolution, nullity or separation orders where
proceedings relating to the same civil partnership are continuing in
another jurisdiction, and
15
(b)
for proceedings before the court to be stayed by the court where there
are concurrent proceedings elsewhere in respect of the same civil
partnership.
224
Applications for declarations as to validity etc.
The court has jurisdiction to entertain an application under section 176 if (and
20
only if)—
(a)
either of the civil partners in the civil partnership to which the
application relates—
(i)
is domiciled in Northern Ireland on the date of the application,
(ii)
has been habitually resident in Northern Ireland throughout the
25
period of 1 year ending with that date, or
(iii)
died before that date and either was at death domiciled in
Northern Ireland or had been habitually resident in Northern
Ireland throughout the period of 1 year ending with the date of
death, or
30
(b)
the two people concerned registered as civil partners of each other in
Northern Ireland and it appears to the court to be in the interests of
justice to assume jurisdiction in the case.
Recognition of dissolution, annulment and separation
225
Effect of dissolution, annulment or separation obtained in the UK
35
(1)
No dissolution or annulment of a civil partnership obtained in one part of the
United Kingdom is effective in any part of the United Kingdom unless
obtained from a court of civil jurisdiction.
(2)
Subject to subsections (3) and (4), the validity of a dissolution or annulment of
a civil partnership or a legal separation of civil partners which has been
40
obtained from a court of civil jurisdiction in one part of the United Kingdom is
to be recognised throughout the United Kingdom.
(3)
Recognition of the validity of a dissolution, annulment or legal separation
obtained from a court of civil jurisdiction in one part of the United Kingdom

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
108

may be refused in any other part if the dissolution, annulment or separation
was obtained at a time when it was irreconcilable with a decision determining
the question of the subsistence or validity of the civil partnership—
(a)
previously given by a court of civil jurisdiction in the other part, or
(b)
previously given by a court elsewhere and recognised or entitled to be
5
recognised in the other part.
(4)
Recognition of the validity of a dissolution or legal separation obtained from a
court of civil jurisdiction in one part of the United Kingdom may be refused in
any other part if the dissolution or separation was obtained at a time when,
according to the law of the other part, there was no subsisting civil partnership.
10
226
Recognition in the UK of overseas dissolution, annulment or separation
(1)
Subject to subsection (2), the validity of an overseas dissolution, annulment or
legal separation is to be recognised in the United Kingdom if, and only if, it is
entitled to recognition by virtue of sections 227 to 229.
(2)
This section and sections 227 to 229 do not apply to an overseas dissolution,
15
annulment or legal separation as regards which provision as to recognition is
made by section 211 regulations.
(3)
For the purposes of subsections (1) and (2) and sections 227 to 229, an overseas
dissolution, annulment or legal separation is a dissolution or annulment of a
civil partnership or a legal separation of civil partners which has been obtained
20
outside the United Kingdom.
227
Grounds for recognition
(1)
The validity of an overseas dissolution, annulment or legal separation obtained
by means of proceedings is to be recognised if—
(a)
the dissolution, annulment or legal separation is effective under the law
25
of the country in which it was obtained, and
(b)
at the relevant date either civil partner—
(i)
was habitually resident in the country in which the dissolution,
annulment or legal separation was obtained,
(ii)
was domiciled in that country, or
30
(iii)
was a national of that country.
(2)
The validity of an overseas dissolution, annulment or legal separation obtained
otherwise than by means of proceedings is to be recognised if—
(a)
the dissolution, annulment or legal separation is effective under the law
of the country in which it was obtained,
35
(b)
at the relevant date—
(i)
each civil partner was domiciled in that country, or
(ii)
either civil partner was domiciled in that country and the other
was domiciled in a country under whose law the dissolution,
annulment or legal separation is recognised as valid, and
40
(c)
neither civil partner was habitually resident in the United Kingdom
throughout the period of 1 year immediately preceding that date.
(3)
In this section “the relevant date” means—

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
109

(a)
in the case of an overseas dissolution, annulment or legal separation
obtained by means of proceedings, the date of the commencement of
the proceedings;
(b)
in the case of an overseas dissolution, annulment or legal separation
obtained otherwise than by means of proceedings, the date on which it
5
was obtained.
(4)
Where in the case of an overseas annulment the relevant date fell after the
death of either civil partner, any reference in subsection (1) or (2) to that date is
to be read in relation to that civil partner as a reference to the date of death.
228
Refusal of recognition
10
(1)
Recognition of the validity of an overseas dissolution, annulment or legal
separation may be refused in any part of the United Kingdom if the
dissolution, annulment or separation was obtained at a time when it was
irreconcilable with a decision determining the question of the subsistence or
validity of the civil partnership—
15
(a)
previously given by a court of civil jurisdiction in that part of the
United Kingdom, or
(b)
previously given by a court elsewhere and recognised or entitled to be
recognised in that part of the United Kingdom.
(2)
Recognition of the validity of an overseas dissolution or legal separation may
20
be refused in any part of the United Kingdom if the dissolution or separation
was obtained at a time when, according to the law of that part of the United
Kingdom, there was no subsisting civil partnership.
(3)
Recognition of the validity of an overseas dissolution, annulment or legal
separation may be refused if—
25
(a)
in the case of a dissolution, annulment or legal separation obtained by
means of proceedings, it was obtained—
(i)
without such steps having been taken for giving notice of the
proceedings to a civil partner as, having regard to the nature of
the proceedings and all the circumstances, should reasonably
30
have been taken, or
(ii)
without a civil partner having been given (for any reason other
than lack of notice) such opportunity to take part in the
proceedings as, having regard to those matters, he should
reasonably have been given, or
35
(b)
in the case of a dissolution, annulment or legal separation obtained
otherwise than by means of proceedings—
(i)
there is no official document certifying that the dissolution,
annulment or legal separation is effective under the law of the
country in which it was obtained, or
40
(ii)
where either civil partner was domiciled in another country at
the relevant date, there is no official document certifying that
the dissolution, annulment or legal separation is recognised as
valid under the law of that other country, or
(c)
in either case, recognition of the dissolution, annulment or legal
45
separation would be manifestly contrary to public policy.
(4)
In this section—

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
110


“official”, in relation to a document certifying that a dissolution,
annulment or legal separation is effective, or is recognised as valid,
under the law of any country, means issued by a person or body
appointed or recognised for the purpose under that law;

“the relevant date” has the same meaning as in section 227.
5
229
Supplementary provisions relating to recognition of dissolution etc.
(1)
For the purposes of sections 227 and 228, a civil partner is to be treated as
domiciled in a country if he was domiciled in that country—
(a)
according to the law of that country in family matters, or
(b)
according to the law of the part of the United Kingdom in which the
10
question of recognition arises.
(2)
The Lord Chancellor or the Scottish Ministers may by regulations make
provision—
(a)
with respect to recognition of the validity of an overseas annulment in
cases where there are cross-proceedings;
15
(b)
with respect to cases where a legal separation is converted under the
law of the country in which it is obtained into a dissolution which is
effective under the law of that country;
(c)
with respect to proof of findings of fact made in proceedings in any
country outside the United Kingdom;
20
(d)
applying sections 227 and 228 with modifications in relation to any
country whose territories have different systems of law in force in
matters of dissolution, annulment or legal separation.
(3)
The power to make regulations under subsection (2) is exercisable by statutory
instrument.
25
(4)
A statutory instrument containing such regulations—
(a)
if made by the Lord Chancellor, is subject to annulment in pursuance of
a resolution of either House of Parliament;
(b)
if made by the Scottish Ministers, is subject to annulment in pursuance
of a resolution of the Scottish Parliament.
30
(5)
In this section (except subsection (4)) and sections 225 to 228 and 230—

“annulment” includes any order annulling a civil partnership, however
expressed;

“part of the United Kingdom” means England and Wales, Scotland or
Northern Ireland;
35

“proceedings” means judicial or other proceedings.
(6)
Nothing in this Chapter is to be read as requiring the recognition of any finding
of fault made in proceedings for dissolution, annulment or legal separation or
of any maintenance, custody or other ancillary order made in any such
proceedings.
40
230
Non-recognition of overseas dissolution etc. not a bar
(1)
This section applies where, in any part of the United Kingdom—
(a)
a dissolution or annulment of a civil partnership has been granted by a
court of civil jurisdiction, or