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
111

230
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,
5
(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.
10
231
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)).
15
(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
20
(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.
232
Applications for declarations as to validity etc.
The court has jurisdiction to entertain an application under section 181 if (and
25
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
30
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
35
(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
233
Effect of dissolution, annulment or separation obtained in the UK
40
(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.

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
112

(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
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
5
obtained from a court of civil jurisdiction in one part of the United Kingdom
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
10
(b)
previously given by a court elsewhere and recognised or entitled to be
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,
15
according to the law of the other part, there was no subsisting civil partnership.
234
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 235 to 237.
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(2)
This section and sections 235 to 237 do not apply to an overseas dissolution,
annulment or legal separation as regards which provision as to recognition is
made by section 219 regulations.
(3)
For the purposes of subsections (1) and (2) and sections 235 to 237, an overseas
dissolution, annulment or legal separation is a dissolution or annulment of a
25
civil partnership or a legal separation of civil partners which has been obtained
outside the United Kingdom.
235
Grounds for recognition
(1)
The validity of an overseas dissolution, annulment or legal separation obtained
by means of proceedings is to be recognised if—
30
(a)
the dissolution, annulment or legal separation is effective under the law
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,
35
(ii)
was domiciled in that country, or
(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
40
of the country in which it was obtained,
(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,
45
annulment or legal separation is recognised as valid, and

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
113

(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—
(a)
in the case of an overseas dissolution, annulment or legal separation
obtained by means of proceedings, the date of the commencement of
5
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
was obtained.
(4)
Where in the case of an overseas annulment the relevant date fell after the
10
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.
236
Refusal of recognition
(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
15
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 that part of the
United Kingdom, or
20
(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
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
25
Kingdom, there was no subsisting civil partnership.
(3)
Recognition of the validity of an overseas dissolution, annulment or legal
separation may be refused if—
(a)
in the case of a dissolution, annulment or legal separation obtained by
means of proceedings, it was obtained—
30
(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
have been taken, or
(ii)
without a civil partner having been given (for any reason other
35
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
(b)
in the case of a dissolution, annulment or legal separation obtained
otherwise than by means of proceedings—
40
(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
(ii)
where either civil partner was domiciled in another country at
the relevant date, there is no official document certifying that
45
the dissolution, annulment or legal separation is recognised as
valid under the law of that other country, or

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
114

(c)
in either case, recognition of the dissolution, annulment or legal
separation would be manifestly contrary to public policy.
(4)
In this section—

“official”, in relation to a document certifying that a dissolution,
annulment or legal separation is effective, or is recognised as valid,
5
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 235.
237
Supplementary provisions relating to recognition of dissolution etc.
(1)
For the purposes of sections 235 and 236, a civil partner is to be treated as
10
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
question of recognition arises.
(2)
The Lord Chancellor or the Scottish Ministers may by regulations make
15
provision—
(a)
applying sections 235 and 236 and subsection (1) with modifications in
relation to any country whose territories have different systems of law
in force in matters of dissolution, annulment or legal separation;
(b)
applying sections 235 and 236 with modifications in relation to—
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(i)
an overseas dissolution, annulment or legal separation in the
case of an overseas relationship (or an apparent or alleged
overseas relationship);
(ii)
any case where a civil partner is domiciled in a country or
territory whose law does not recognise legal relationships
25
between two people of the same sex;
(c)
with respect to recognition of the validity of an overseas dissolution,
annulment or legal separation in cases where there are cross-
proceedings;
(d)
with respect to cases where a legal separation is converted under the
30
law of the country or territory in which it is obtained into a dissolution
which is effective under the law of that country or territory;
(e)
with respect to proof of findings of fact made in proceedings in any
country or territory outside the United Kingdom.
(3)
The power to make regulations under subsection (2) is exercisable by statutory
35
instrument.
(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
40
of a resolution of the Scottish Parliament.
(5)
In this section (except subsection (4)) and sections 233 to 236 and 238—

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

“part of the United Kingdom” means England and Wales, Scotland or
45
Northern Ireland;

“proceedings” means judicial or other proceedings.

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 4 — Miscellaneous and supplementary
115

(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.
238
Non-recognition of overseas dissolution etc. not a bar
5
(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
(b)
the validity of a dissolution or annulment of a civil partnership is
recognised by virtue of this Chapter.
10
(2)
The fact that the dissolution or annulment would not be recognised outside the
United Kingdom does not—
(a)
preclude either party from forming a subsequent civil partnership or
marriage in that part of the United Kingdom, or
(b)
cause the subsequent civil partnership or marriage of either party
15
(wherever it takes place) to be treated as invalid in that part.
Chapter 4
Miscellaneous and supplementary
239
Commanding officers’ certificates for Part 2 purposes
(1)
Her Majesty may by Order in Council make provision in relation to cases
20
where—
(a)
two people wish to register as civil partners of each other in England
and Wales (under Chapter 1 of Part 2), and
(b)
one of them (“A”) is a member of Her Majesty’s forces serving outside
the United Kingdom and the other is resident in England and Wales,
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for the issue by A’s commanding officer to A of a certificate of no impediment.
(2)
The Order may provide for the issue of the certificate to be subject to the giving
of such notice and the making of such declarations as may be prescribed.
(3)
A certificate of no impediment is a certificate that no legal impediment to the
formation of the civil partnership has been shown to the commanding officer
30
issuing the certificate to exist.
(4)
“Commanding officer”—
(a)
in relation to a person subject to military law, means the officer who
would be that person’s commanding officer for the purposes of section
82 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) if he were charged with an
35
offence;
(b)
in relation to a person subject to air-force law, means the officer who
would be that person’s commanding officer for the purposes of section
82 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) if he were charged with
an offence;
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(c)
in relation to a person subject to the Naval Discipline Act 1957 (c. 53),
means the officer in command of the ship or naval establishment to
which he belongs.