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Dissolution of civil partnership |
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164 | Dissolution of civil partnership which has broken down irretrievably |
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(1) | Subject to section 161, an application for a dissolution order may be made to |
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the court by either civil partner on the ground that the civil partnership has |
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broken down irretrievably. |
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(2) | On an application for a dissolution order the court must inquire, so far as it |
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(a) | the facts alleged by the applicant, and |
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(b) | any facts alleged by the respondent. |
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(3) | The court hearing an application for a dissolution order must not hold that the |
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civil partnership has broken down irretrievably unless the applicant satisfies |
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the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d). |
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(4) | But if the court is satisfied of any of those facts, it must make a dissolution |
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order unless it is satisfied on all the evidence that the civil partnership has not |
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broken down irretrievably. |
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(5) | The facts referred to in subsections (3) and (4) are— |
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(a) | that the respondent has behaved in such a way that the applicant |
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cannot reasonably be expected to live with the respondent; |
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(i) | the applicant and the respondent have lived apart for a |
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continuous period of at least 2 years immediately preceding the |
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making of the application (“2 years’ separation”), and |
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(ii) | the respondent consents to a dissolution order being made; |
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(c) | that the applicant and the respondent have lived apart for a continuous |
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period of at least 5 years immediately preceding the making of the |
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application (“5 years’ separation”); |
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(d) | that the respondent has deserted the applicant for a continuous period |
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of at least 2 years immediately preceding the making of the application. |
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(6) | The court must not make a dissolution order without considering the oral |
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testimony of the applicant unless for special reasons it orders that such |
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testimony be dispensed with. |
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165 | Supplemental provisions as to facts raising presumption of breakdown |
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(1) | Subsection (2) applies if— |
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(a) | in any proceedings for a dissolution order the applicant alleges, in |
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reliance on section 164(5)(a), that the respondent has behaved in such a |
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way that the applicant cannot reasonably be expected to live with the |
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(b) | after the date of the occurrence of the final incident relied on by the |
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applicant and held by the court to support his allegation, the applicant |
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and the respondent have lived together for a period (or periods) which |
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does not, or which taken together do not, exceed 6 months. |
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(2) | The fact that the applicant and respondent have lived together as mentioned in |
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subsection (1)(b) must be disregarded in determining, for the purposes of |
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section 164(5)(a), whether the applicant cannot reasonably be expected to live |
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(3) | Subsection (4) applies in relation to cases where the applicant alleges, in |
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reliance on section 164(5)(b), that the respondent consents to a dissolution |
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(4) | Rules of court must make provision for the purpose of ensuring that the |
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respondent has been given such information as will enable him to |
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(a) | the consequences to him of consenting to the order, and |
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(b) | the steps which he must take to indicate his consent. |
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(5) | For the purposes of section 164(5)(d) the court may treat a period of desertion |
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as having continued at a time when the deserting civil partner was incapable |
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of continuing the necessary intention, if the evidence before the court is such |
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that, had he not been so incapable, the court would have inferred that the |
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desertion continued at that time. |
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(6) | In considering for the purposes of section 164(5) whether the period for which |
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the civil partners have lived apart or the period for which the respondent has |
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deserted the applicant has been continuous, no account is to be taken of— |
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(a) | any one period not exceeding 6 months, or |
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(b) | any two or more periods not exceeding 6 months in all, |
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| during which the civil partners resumed living together. |
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(7) | But no period during which the civil partners have lived with each other |
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counts as part of the period during which the civil partners have lived apart or |
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as part of the period of desertion. |
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(8) | For the purposes of section 164(5)(b) and (c) and this section civil partners are |
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to be treated as living apart unless they are living with each other in the same |
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household, and references in this section to civil partners living with each other |
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are to be read as references to their living with each other in the same |
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166 | Dissolution order not precluded by previous separation order etc. |
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(1) | Subsections (2) and (3) apply if any of the following orders has been made in |
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relation to a civil partnership— |
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(b) | an order under Schedule 17 (financial relief in court of summary |
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(c) | an occupation order under Article 11 of the Family Homes and |
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Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. |
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(d) | an order under Article 15 of that Order (orders where neither civil |
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partner entitled to occupy the home). |
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(a) | either civil partner from applying for a dissolution order, or |
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(b) | the court from making a dissolution order, |
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| on the same facts, or substantially the same facts, as those proved in support of |
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the making of the order referred to in subsection (1). |
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(3) | On the application for the dissolution order, the court— |
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(a) | may treat the order referred to in subsection (1) as sufficient proof of |
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any desertion or other fact by reference to which it was made, but |
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(b) | must not make the dissolution order without receiving evidence from |
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(a) | the application for the dissolution order follows a separation order or |
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any order requiring the civil partners to live apart, |
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(b) | there was a period of desertion immediately preceding the institution |
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of the proceedings for the separation order, and |
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(c) | the civil partners have not resumed living together and the separation |
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order has been continuously in force since it was made, |
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| the period of desertion is to be treated for the purposes of the application for |
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the dissolution order as if it had immediately preceded the making of the |
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(5) | For the purposes of section 164(5)(d) the court may treat as a period during |
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which the respondent has deserted the applicant any period during which |
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(a) | an injunction granted by the High Court or a county court which |
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excludes the respondent from the civil partnership home, or |
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(b) | an order under Article 11 or 15 of the Family Homes and Domestic |
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Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) which |
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prohibits the respondent from occupying a dwelling-house in which |
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the applicant and the respondent have, or at any time have had, a civil |
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167 | Refusal of dissolution in 5 year separation cases on ground of grave hardship |
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(1) | The respondent to an application for a dissolution order in which the applicant |
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alleges 5 years’ separation may oppose the making of an order on the ground |
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(a) | the dissolution of the civil partnership will result in grave financial or |
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other hardship to him, and |
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(b) | it would in all the circumstances be wrong to dissolve the civil |
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(2) | Subsection (3) applies if— |
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(a) | the making of a dissolution order is opposed under this section, |
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(b) | the court finds that the applicant is entitled to rely in support of his |
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application on the fact of 5 years’ separation and makes no such finding |
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as to any other fact mentioned in section 164(5), and |
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(c) | apart from this section, the court would make a dissolution order. |
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(a) | consider all the circumstances, including the conduct of the civil |
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partners and the interests of the civil partners and of any children or |
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other persons concerned, and |
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(b) | if it is of the opinion that the ground mentioned in subsection (1) is |
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made out, dismiss the application for the dissolution order. |
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(4) | “Hardship” includes the loss of the chance of acquiring any benefit which the |
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respondent might acquire if the civil partnership were not dissolved. |
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168 | Proceedings before order made final: protection for respondent in separation |
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(1) | The court may, on an application made by the respondent, rescind a |
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conditional dissolution order if— |
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(a) | it made the order on the basis of a finding that the applicant was |
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entitled to rely on the fact of 2 years’ separation coupled with the |
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respondent’s consent to a dissolution order being made, |
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(b) | it made no such finding as to any other fact mentioned in section 164(5), |
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(c) | it is satisfied that the applicant misled the respondent (whether |
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intentionally or unintentionally) about any matter which the |
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respondent took into account in deciding to give his consent. |
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(2) | Subsections (3) to (5) apply if— |
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(a) | the respondent to an application for a dissolution order in which the |
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(i) | 2 years’ separation coupled with the respondent’s consent to a |
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dissolution order being made, or |
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(ii) | 5 years’ separation, |
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| has applied to the court for consideration under subsection (3) of his |
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financial position after the dissolution of the civil partnership, and |
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(i) | has made a conditional dissolution order on the basis of a |
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finding that the applicant was entitled to rely in support of his |
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application on the fact of 2 years’ or 5 years’ separation, and |
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(ii) | has made no such finding as to any other fact mentioned in |
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(3) | The court hearing an application by the respondent under subsection (2) must |
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consider all the circumstances, including— |
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(a) | the age, health, conduct, earning capacity, financial resources and |
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financial obligations of each of the parties, and |
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(b) | the financial position of the respondent as, having regard to the |
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dissolution, it is likely to be after the death of the applicant should the |
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(4) | The court must not make the order final unless it has, by order, declared that it |
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(a) | the applicant should not be required to make any financial provision |
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(b) | the financial provision made by the applicant for the respondent is— |
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(i) | reasonable and fair, or |
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(ii) | the best that can be made in the circumstances, or |
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(c) | there are circumstances making it desirable that the order should be |
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made final without delay. |
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(5) | The court must not make an order declaring that it is satisfied as mentioned in |
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subsection (4)(c) unless it has obtained a satisfactory undertaking from the |
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applicant that he will bring the question of financial provision for the |
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respondent before the court within a specified time. |
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(6) | Subsection (7) applies if, following an application under subsection (2) which |
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is not withdrawn, the court makes the order final without making an order |
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(7) | The final order is voidable at the instance of the respondent or of the court but |
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no person is entitled to challenge the validity of the order after it is made final |
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on the ground that subsections (4) and (5) were not satisfied. |
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(8) | If the court refuses to make an order under subsection (4), it must, on an |
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application by the applicant, make an order declaring that it is not satisfied as |
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mentioned in that subsection. |
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169 | Grounds on which civil partnership is void |
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Where two people register as civil partners of each other in Northern Ireland, |
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the civil partnership is void if— |
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(a) | at the time when they do so, they are not eligible to register as civil |
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partners of each other under Chapter 1 (see section 134), or |
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(b) | at the time when they do so they both know— |
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(i) | that due notice of proposed civil partnership has not been |
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(ii) | that the civil partnership schedule has not been duly issued, |
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(iii) | that the place of registration is a place other than that specified |
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in the civil partnership schedule, or |
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(iv) | that a registrar is not present. |
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170 | Grounds on which civil partnership is voidable |
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(1) | Where two people register as civil partners of each other in Northern Ireland, |
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the civil partnership is voidable if— |
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(a) | either of them did not validly consent to its formation (whether as a |
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result of duress, mistake, unsoundness of mind or otherwise); |
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(b) | at the time of its formation either of them, though capable of giving a |
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valid consent, was suffering (whether continuously or intermittently) |
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from mental disorder of such a kind or to such an extent as to be |
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unfitted for civil partnership; |
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(c) | at the time of its formation, the respondent was pregnant by some |
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person other than the applicant; |
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(d) | an interim gender recognition certificate under the Gender Recognition |
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Act 2004 (c. 7) has, after the time of its formation, been issued to either |
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(e) | the respondent is a person whose gender at the time of its formation |
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had become the acquired gender under the 2004 Act. |
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(2) | In this section and section 171 “mental disorder” has the same meaning as in |
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the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). |
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171 | Bars to relief where civil partnership is voidable |
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(1) | The court must not make a nullity order on the ground that a civil partnership |
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is voidable if the respondent satisfies the court— |
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(a) | that the applicant, with knowledge that it was open to him to obtain a |
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nullity order, conducted himself in relation to the respondent in such a |
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way as to lead the respondent reasonably to believe that he would not |
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(b) | that it would be unjust to the respondent to make the order. |
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(2) | Without prejudice to subsection (1), the court must not make a nullity order by |
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virtue of section 170(1)(a), (b), (c) or (e) unless— |
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(a) | it is satisfied that proceedings were instituted within 3 years from the |
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date of the formation of the civil partnership, or |
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(b) | leave for the institution of proceedings after the end of that 3 year |
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period has been granted under subsection (3). |
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(3) | A judge of the court may, on an application made to him, grant leave for the |
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institution of proceedings if he— |
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(a) | is satisfied that the applicant has at some time during the 3 year period |
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suffered from mental disorder, and |
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(b) | considers that in all the circumstances of the case it would be just to |
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grant leave for the institution of proceedings. |
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(4) | An application for leave under subsection (3) may be made after the end of the |
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(5) | Without prejudice to subsection (1), the court must not make a nullity order by |
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virtue of section 170(1)(d) unless it is satisfied that proceedings were instituted |
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within the period of 6 months from the date of issue of the interim gender |
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(6) | Without prejudice to subsections (1) and (2), the court must not make a nullity |
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order by virtue of section 170(1)(c) or (e) unless it is satisfied that the applicant |
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was at the time of the formation of the civil partnership ignorant of the facts |
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172 | Proof of certain matters not necessary to validity of civil partnership |
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Where two people have registered as civil partners of each other in Northern |
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Ireland, it is not necessary in support of the civil partnership to give any |
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(a) | that any person whose consent to the civil partnership was required by |
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section 141 (parental etc. consent) had given his consent; |
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(b) | that the registrar was properly appointed under section 148; |
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and no evidence is to be given to prove the contrary in any proceedings |
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touching the validity of the civil partnership. |
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Presumption of death orders |
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173 | Presumption of death orders |
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(1) | The High Court may, on an application made by a civil partner, make a |
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presumption of death order if it is satisfied that reasonable grounds exist for |
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supposing that the other civil partner is dead. |
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(2) | In any proceedings under this section the fact that— |
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(a) | for a period of 7 years or more the other civil partner has been |
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continually absent from the applicant, and |
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(b) | the applicant has no reason to believe that the other civil partner has |
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been living within that time, |
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| is evidence that the other civil partner is dead until the contrary is proved. |
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(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 164(5)(a), |
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(2) | On an application for a separation order the court must inquire, so far as it |
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(a) | the facts alleged by the applicant, and |
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(b) | any facts alleged by the respondent, |
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| but whether the civil partnership has broken down irretrievably is irrelevant. |
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(3) | If the court is satisfied on the evidence of any such fact as is mentioned in |
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section 164(5)(a), (b), (c) or (d) it must, subject to section 181, make a separation |
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(4) | Section 165 (supplemental provisions as to facts raising presumption of |
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breakdown) applies for the purposes of an application for a separation order |
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alleging any such fact as it applies in relation to an application for a dissolution |
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order alleging that fact. |
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175 | Effect of separation order |
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If either civil partner dies intestate as respects all or any of his or her real or |
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(a) | a separation order is in force, and |
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(b) | the separation order is continuing, |
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the property as respects which he or she died intestate devolves as if the other |
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civil partner had then been dead. |
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(1) | Any person may apply to the court for one or more of the following |
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declarations in relation to a civil partnership specified in the application— |
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(a) | a declaration that the civil partnership was at its inception a valid civil |
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(b) | a declaration that the civil partnership subsisted on a date specified in |
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(c) | a declaration that the civil partnership did not subsist on a date so |
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(d) | a declaration that the validity of a dissolution, annulment or legal |
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separation obtained in any country outside Northern Ireland in respect |
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of the civil partnership is entitled to recognition in Northern Ireland; |
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