Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 12 — Financial provision in Scotland after overseas proceedings
Part 2 — Circumstances in which court may entertain application for financial provision
230

3.—Further relationships by affinity

Father of former civil partner
Mother of former civil partner

Former husband of daughter
Former wife of son

Former civil partner of son
Former civil partner of daughter

Schedule 12
5
Section 122

Financial provision in Scotland after overseas proceedings
Part 1
Introductory
1     (1)
This Schedule applies where—
(a)
a civil partnership has been dissolved or annulled in a country or
10
territory outside the British Islands by means of judicial or other
proceedings (here the “overseas proceedings”), and
(b)
the dissolution or annulment (here the “overseas determination”) is
entitled to be recognised as valid in Scotland.
      (2)
This Schedule applies even if the date of the overseas determination is earlier
15
than the date on which this Schedule comes into force.
Part 2
Circumstances in which court may entertain application for financial
provision
2     (1)
Subject to sub-paragraph (4), if the jurisdictional requirements and the
20
conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied,
the court may entertain an application by one of the former civil partners or
former ostensible civil partners, (here “A”) for an order for financial
provision.
      (2)
The jurisdictional requirements are—
25
(a)
that A is domiciled or habitually resident in Scotland when the
application is made,
(b)
that the other former civil partner, or former ostensible civil partner,
(here “B”)—
(i)
is domiciled or habitually resident in Scotland when the
30
application is made,
(ii)
was domiciled or habitually resident in Scotland when A and
B last lived together in civil partnership, or
(iii)
when the application is made is an owner or tenant of, or has
a beneficial interest in, property in Scotland which has at
35
some time been a family home of A and B, and
(c)
where the court is the sheriff, that when the application is made
either—
(i)
A or B is habitually resident in the sheriffdom, or

Civil Partnership Bill [HL]
Schedule 12 — Financial provision in Scotland after overseas proceedings
Part 3 — Disposal of applications
231

(ii)
property mentioned in sub-paragraph (2)(b)(iii) is wholly or
partially in the sheriffdom.
      (3)
The conditions are that—
(a)
B initiated the overseas proceedings,
(b)
the application is made within 5 years after the overseas
5
determination takes effect,
(c)
the civil partnership (or ostensible civil partnership) had a
substantial connection with Scotland,
(d)
A and B are alive when the application is made, and
(e)
(taking Part 3 of this Act to have been in force) a court in Scotland
10
would have had jurisdiction to entertain an action for dissolution or
annulment of the civil partnership, if such an action had been
brought immediately before the overseas determination took effect.
      (4)
Where the jurisdiction of the court to entertain proceedings under this
Schedule would fall to be determined by reference to the jurisdictional
15
requirements imposed by virtue of Part 1 of the Civil Jurisdiction and
Judgments Act 1982 (c. 27) (implementation of certain European
conventions) or by virtue of Council Regulation (EC) No. 44/2001 of 22nd
December 2000 on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters, then—
20
(a)
satisfaction of the jurisdictional requirements set out in sub-
paragraph (2) does not obviate the need to satisfy those so imposed,
and
(b)
satisfaction of those so imposed obviates the need to satisfy those set
out in sub-paragraph (2).
25
Part 3
Disposal of applications
3     (1)
Subject to sub-paragraphs (2) to (5), Scots law applies in relation to an
application made under paragraph 2 as it would apply were the application
made in an action in Scotland for, as the case may be, dissolution or
30
annulment of a civil partnership.
      (2)
In disposing of an application made under paragraph 2 the court must
exercise its powers so as to place A and B, in so far as it is reasonable and
practicable to do so, in the financial position in which they would have been
had that application been disposed of, in such an action in Scotland, on the
35
date when the overseas determination took effect.
      (3)
In determining what is reasonable and practicable for the purposes of sub-
paragraph (2), the court must have regard in particular to—
(a)
A and B’s respective resources, both present and foreseeable, at the
date the application is disposed of,
40
(b)
any order made by a foreign court in or in connection with the
overseas proceedings, being an order—
(i)
for the making of financial provision, in whatever form, by A
for B or by B for A, or
(ii)
for the transfer of property from A to B or from B to A.
45
      (4)
Subject to sub-paragraph (5), the court may make an order for an interim
award of a periodical allowance where—

Civil Partnership Bill [HL]
Schedule 13 — Prohibited degrees of relationship: Northern Ireland
232

(a)
it appears from A’s averments that in the disposal of the application
an order for financial provision is likely to be made, and
(b)
the court considers that such an interim award is necessary to avoid
hardship to A.
      (5)
Where but for paragraph 2(2)(b)(iii) the court would not have jurisdiction to
5
entertain the application, the court may make no order for financial
provision other than an order—
(a)
relating to the former family home or its furniture and plenishings,
or
(b)
that B must pay A a capital sum not exceeding the value of B’s
10
interest in the former family home and its furniture and plenishings.
Part 4
The expression “order for financial provision”
4
In this Schedule, “order for financial provision” means any one or more of
the orders specified in section 8(1) of the Family Law (Scotland) Act 1985
15
(c. 37) or an order under section 107.
Schedule 13
Section 134(3)

Prohibited degrees of relationship: Northern Ireland
Absolute prohibitions
1     (1)
Two people are within prohibited degrees of relationship if one falls within
20
the list below in relation to the other.

Adoptive child

Adoptive parent

Child

Former adoptive child

25

Former adoptive parent

Grandparent

Grandchild

Parent

Parent’s sibling

30

Sibling

Sibling’s child

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

Civil Partnership Bill [HL]
Schedule 13 — Prohibited degrees of relationship: Northern Ireland
233

Qualified prohibitions
2     (1)
Two people are within prohibited degrees of relationship if one of them falls
within the list below in relation to the other, unless—
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
5
(b)
the younger has not at any time before reaching 18 been a child of the
family in relation to the other.

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

10

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

15
      (2)
“Child of the family”, in relation to another person, means a person who—
(a)
has lived in the same household as that other person, and
(b)
has been treated by that other person as a child of his family.
3
Two people are within prohibited degrees of relationship if one falls within
column 1 of the table below in relation to the other, unless—
20
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
(b)
the persons who fall within column 2 are dead.

Relationship
Relevant deaths

Former civil partner of child
The child

25

The child’s other parent

Former spouse of child
The child

The child’s other parent

Parent of former civil partner
The former civil partner

The former civil partner’s other

30

parent

Parent of former spouse
The former spouse

The former spouse’s other

parent