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
106

(3)
The regulations may in particular make provision corresponding to that made
by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation
to jurisdiction and the recognition and enforcement of judgments in
matrimonial matters.
(4)
The regulations may provide that for the purposes of this Part and the
5
regulations “member State” means—
(a)
all member States with the exception of such member States as are
specified in the regulations, or
(b)
such member States as are specified in the regulations.
(5)
Regulations under subsection (1) are to be made by statutory instrument and
10
may only be made if a draft has been laid before and approved by resolution
of each House of Parliament.
(6)
Regulations under subsection (2) are to be made by statutory instrument and
may only be made if a draft has been laid before and approved by resolution
of the Scottish Parliament.
15
(7)
In this Part “section 219 regulations” means regulations made under this
section.
Jurisdiction of courts in England and Wales
220
Meaning of “the court”
In sections 221 to 224 “the court” means—
20
(a)
the High Court, or
(b)
if a county court has jurisdiction by virtue of Part 5 of the Matrimonial
and Family Proceedings Act 1984 (c. 42), a county court.
221
Proceedings for dissolution, separation or nullity order
(1)
The court has jurisdiction to entertain proceedings for a dissolution order or a
25
separation order if (and only if)—
(a)
the court has jurisdiction under section 219 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 219
regulations and either civil partner is domiciled in England and Wales
on the date when the proceedings are begun, or
30
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in England or Wales,
(ii)
no court has, or is recognised as having, jurisdiction under
section 219 regulations, and
35
(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 219 regulations,
40
(b)
no court has, or is recognised as having, jurisdiction under section 219
regulations and either civil partner—
(i)
is domiciled in England and Wales on the date when the
proceedings are begun, or

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

(ii)
died before that date and either was at death domiciled in
England and Wales or had been habitually resident in England
and Wales throughout the period of 1 year ending with the date
of death, or
(c)
the following conditions are met—
5
(i)
the two people concerned registered as civil partners of each
other in England or Wales,
(ii)
no court has, or is recognised as having, jurisdiction under
section 219 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
10
jurisdiction in the case.
(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
15
jurisdiction would not be exercisable under subsection (1) or (2).
222
Proceedings for presumption of death order
The court has jurisdiction to entertain proceedings for a presumption of death
order if (and only if)—
(a)
the applicant is domiciled in England and Wales on the date when the
20
proceedings are begun,
(b)
the applicant was habitually resident in England and Wales throughout
the period of 1 year ending with that date, or
(c)
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
25
justice to assume jurisdiction in the case.
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 Domicile and Matrimonial Proceedings Act 1973 (c. 45).
30
(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
35
(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 58 if (and
40
only if)—
(a)
either of the civil partners in the civil partnership to which the
application relates—
(i)
is domiciled in England and Wales on the date of the
application,
45

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

(ii)
has been habitually resident in England and Wales throughout
the period of 1 year ending with that date, or
(iii)
died before that date and either was at death domiciled in
England and Wales or had been habitually resident in England
and Wales throughout the period of 1 year ending with the date
5
of death, or
(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
10
225
Jurisdiction of Scottish courts
(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 219 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 219
15
regulations and either civil partner is domiciled in Scotland on the date
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,
20
(ii)
no court has, or is recognised as having, jurisdiction under
section 219 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
25
partnership or for separation of civil partners if (and only if) the requirements
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
30
ending not more than 40 days before that date and has no known
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 219 regulations,
35
(b)
no court has, or is recognised as having, jurisdiction under section 219
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
40
Scotland or had been habitually resident in Scotland
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
45
other in Scotland,

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

(ii)
no court has, or is recognised as having, jurisdiction under
section 219 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
5
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
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).
10
226
Sisting of proceedings
(1)
Rules of court may make provision in relation to civil partnerships
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).
15
(2)
The rules may in particular make provision—
(a)
for the provision of information by the pursuer and by any other person
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
20
(b)
for an action to be sisted where there are concurrent proceedings
elsewhere in respect of the same civil partnership (or ostensible civil
partnership).
227
Scottish ancillary and collateral orders
(1)
This section applies where after the commencement of this Act an application
25
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—
(a)
the dissolution of a civil partnership,
(b)
the separation of civil partners, or
(c)
declarator of nullity of a civil partnership.
30
(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
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—
35
(a)
jurisdiction to entertain the action was under section 219 regulations,
and
(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
40
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
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
45

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

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.
(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.
Jurisdiction of courts in Northern Ireland
5
228
Meaning of “the court”
In sections 229 to 232 “the court” has the meaning given by section 188.
229
Proceedings for dissolution, separation or nullity order
(1)
The court has jurisdiction to entertain proceedings for a dissolution order or a
separation order if (and only if)—
10
(a)
the court has jurisdiction under section 219 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 219
regulations and either civil partner is domiciled in Northern Ireland on
the date when the proceedings are begun, or
(c)
the following conditions are met—
15
(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 219 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
20
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 219 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 219
25
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
Northern Ireland or had been habitually resident in Northern
30
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
other in Northern Ireland,
35
(ii)
no court has, or is recognised as having, jurisdiction under
section 219 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(3)
At any time when proceedings are pending in respect of which the court has
40
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).