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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings

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(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

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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.

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(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.

52      

Proof of certain matters not necessary to validity of civil partnership

15

(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 5 (parental etc. consent) had given his consent, or

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(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).

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53      

Power to validate civil partnership

(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

30

from any liability under section 32(2), 33(2) or 34(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—

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(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.

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Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings

26

 

54      

Validity of civil partnerships registered outside England and Wales

(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 120, and

(b)   

voidable, if the circumstances fall within section 50(1)(d).

5

(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 by virtue of provision

made under section 149, and

(b)   

voidable, if it would be voidable there by virtue of such provision.

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(3)   

Subsection (4) applies where two people register as civil partners of each other

under an Order in Council under—

(a)   

section 202 (registration at British consulates etc.), or

(b)   

section 203 (registration by armed forces personnel),

   

(“the relevant section”).

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(4)   

The civil partnership is—

(a)   

void, if—

(i)   

it would have been void under section 49 or subsection (1)(a) or

(2)(a) if it had been registered in the appropriate part of the

United Kingdom,

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(ii)   

the condition in subsection (2)(a) of the relevant section is not

met, or

(iii)   

a requirement prescribed for the purposes of this paragraph by

an Order in Council under the relevant section is not complied

with, and

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(b)   

voidable, if it would be voidable under section 50 or subsection (1)(b)

or (2)(b) if it had been registered in the appropriate part of the United

Kingdom.

(5)   

The appropriate part of the United Kingdom is the part by virtue of which

(under subsection (2)(b) of the relevant section) the two people concerned were

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eligible to register as civil partners of each other.

(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

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(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,

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(b)   

the circumstances fall within section 50(1)(d), or

(c)   

where either of the parties was domiciled in England and Wales 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—

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(a)   

subsections (1)(b), (4)(b) and (8)(b) and (c),

 

 

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings

27

 

(b)   

subsection (2)(b), in so far as it makes a civil partnership voidable by

reference to circumstances falling within section 50(1), and

(c)   

subsection (8)(a), in so far as applicable in accordance with the relevant

law.

(10)   

For the purposes of subsections (6) to (9)—

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(a)   

“the relevant law” means the law of the country or territory where the

overseas relationship was registered (including its rules of private

international law), and

(b)   

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

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relationship.

Presumption of death orders

55      

Presumption of death orders

(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

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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

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been living within that time,

   

is evidence that the other civil partner is dead until the contrary is proved.

Separation orders

56      

Separation orders

(1)   

An application for a separation order may be made to the court by either civil

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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

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(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.

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(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.

 

 

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings

28

 

57      

Effect of separation order

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,

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the property as respects which he or she died intestate devolves as if the other

civil partner had then been dead.

Declarations

58      

Declarations

(1)   

Any person may apply to the High Court or a county court for one or more of

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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

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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

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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

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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.

59      

General provisions as to making and effect of declarations

(1)   

Where on an application for a declaration under section 58 the truth of the

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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,

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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.

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(6)   

Nothing in this section affects the powers of any court to make a nullity order

in respect of a civil partnership.

 

 

 
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