|
| |
| |
(a) | two people wish to register as civil partners of each other in England |
| |
| |
(b) | one of them (“A”) is a member of Her Majesty’s forces who is serving |
| |
outside the United Kingdom and the other (“B”) resides in England |
| |
| 5 |
(5) | A is not required to give a notice of proposed civil partnership to a |
| |
registration authority in England or Wales in order to register in England or |
| |
Wales as B’s civil partner. |
| |
(6) | B may give a notice of proposed civil partnership and make the necessary |
| |
declaration without regard to the requirement that would otherwise apply |
| 10 |
that A must reside in England or Wales. |
| |
(7) | If, on giving such notice, B makes an election under this paragraph, Chapter |
| |
1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the |
| |
further modifications in sub-paragraph (8). |
| |
(8) | The further modifications are that— |
| 15 |
(a) | the civil partnership schedule is not to be issued by a registration |
| |
authority unless A or B produces to that registration authority a |
| |
certificate of no impediment issued to A under the relevant |
| |
| |
(b) | the applicable period is the period of one month beginning with the |
| 20 |
day on which B’s notice is given; |
| |
(c) | section 31 applies as if in subsections (1)(a) and (2)(c) for “each |
| |
notice” there were substituted “B’s notice”. |
| |
(9) | “The relevant provision” means— |
| |
(a) | if A resides in Scotland, section 97; |
| 25 |
(b) | if A resides in Northern Ireland, section 150; |
| |
(c) | if A is a member of Her Majesty’s forces who is serving outside the |
| |
United Kingdom, section 239. |
| |
(10) | “Her Majesty’s forces” has the same meaning as in the Army Act 1955 |
| |
| 30 |
| |
| |
Wills, administration of estates and family provision |
| |
| |
| |
1 | Amend the Wills Act 1837 (c. 26) as follows. |
| 35 |
2 | After section 18A insert— |
| |
“18B | Will to be revoked by civil partnership |
| |
(1) | Subject to subsections (2) to (6), a will is revoked by the formation of |
| |
a civil partnership between the testator and another person. |
| |
(2) | A disposition in a will in exercise of a power of appointment takes |
| 40 |
effect despite the formation of a subsequent civil partnership |
| |
between the testator and another person unless the property so |
| |
| |
| |
|
| |
| |
appointed would in default of appointment pass to the testator’s |
| |
personal representatives. |
| |
(3) | If it appears from a will— |
| |
(a) | that at the time it was made the testator was expecting to |
| |
form a civil partnership with a particular person, and |
| 5 |
(b) | that he intended that the will should not be revoked by the |
| |
formation of the civil partnership, |
| |
| the will is not revoked by its formation. |
| |
(4) | Subsections (5) and (6) apply if it appears from a will— |
| |
(a) | that at the time it was made the testator was expecting to |
| 10 |
form a civil partnership with a particular person, and |
| |
(b) | that he intended that a disposition in the will should not be |
| |
revoked by the formation of the civil partnership. |
| |
(5) | The disposition takes effect despite the formation of the civil |
| |
| 15 |
(6) | Any other disposition in the will also takes effect, unless it appears |
| |
from the will that the testator intended the disposition to be revoked |
| |
by the formation of the civil partnership. |
| |
18C | Effect of dissolution or annulment of civil partnership on wills |
| |
(1) | This section applies if, after a testator has made a will— |
| 20 |
(a) | a court of civil jurisdiction in England and Wales dissolves |
| |
his civil partnership or makes a nullity order in respect of it, |
| |
| |
(b) | his civil partnership is dissolved or annulled and the |
| |
dissolution or annulment is entitled to recognition in |
| 25 |
England and Wales by virtue of Chapter 3 of Part 5 of the |
| |
Civil Partnership Act 2004. |
| |
(2) | Except in so far as a contrary intention appears by the will— |
| |
(a) | provisions of the will appointing executors or trustees or |
| |
conferring a power of appointment, if they appoint or confer |
| 30 |
the power on the former civil partner, take effect as if the |
| |
former civil partner had died on the date on which the civil |
| |
partnership is dissolved or annulled, and |
| |
(b) | any property which, or an interest in which, is devised or |
| |
bequeathed to the former civil partner shall pass as if the |
| 35 |
former civil partner had died on that date. |
| |
(3) | Subsection (2)(b) does not affect any right of the former civil partner |
| |
to apply for financial provision under the Inheritance (Provision for |
| |
Family and Dependants) Act 1975.” |
| |
3 | The following provisions— |
| 40 |
(a) | section 15 of the Wills Act 1837 (c. 26) (avoidance of gifts to attesting |
| |
witnesses and their spouses), and |
| |
(b) | section 1 of the Wills Act 1968 (c. 28) (restriction of operation of |
| |
| |
| apply in relation to the attestation of a will by a person to whose civil partner |
| 45 |
there is given or made any such disposition as is described in section 15 of |
| |
| |
| |
|
| |
| |
the 1837 Act as they apply in relation to a person to whose spouse there is |
| |
given or made any such disposition. |
| |
4 | In section 16 of the 1837 Act, after “wife or husband” insert “or civil partner”. |
| |
5 | Except where a contrary intention is shown, it is presumed that if a |
| |
| 5 |
(a) | devises or bequeaths property to his civil partner in terms which in |
| |
themselves would give an absolute interest to the civil partner, but |
| |
(b) | by the same instrument purports to give his issue an interest in the |
| |
| |
| the gift to the civil partner is absolute despite the purported gift to the issue. |
| 10 |
| |
Administration of estates and family provision |
| |
Public Trustee Act 1906 (c. 55) |
| |
6 | In section 6(1), after “widower, widow” (in both places) insert “, surviving |
| |
| 15 |
Administration of Estates Act 1925 (c. 23) |
| |
7 | In section 46 (succession to real and personal estate on intestacy), for |
| |
“husband or wife” (in each place) substitute “spouse or civil partner”. |
| |
8 (1) | Amend section 47(1) (meaning of “the statutory trusts”) as follows. |
| |
(2) | In paragraph (i), after “or marry under that age” (in the first place) insert “or |
| 20 |
form a civil partnership under that age”. |
| |
(3) | In that paragraph, after “or marry” (in the second place) insert “, or form a |
| |
| |
(4) | In paragraph (ii), after “marries” insert “, or forms a civil partnership,”. |
| |
9 | In section 47A, in subsection (1) and in the proviso to subsection (5), for |
| 25 |
“husband or wife” substitute “spouse or civil partner”. |
| |
10 | In section 48(2), for “husband or wife” (in each place) substitute “spouse or |
| |
| |
11 | In section 51(3) (devolution of certain estates vested in infant who dies |
| |
without having married and without issue), after “without having been |
| 30 |
married” insert “or having formed a civil partnership,”. |
| |
12 | In section 55(1)(xviii) (which defines “valuable consideration” as including |
| |
marriage), after “includes marriage,” insert “and formation of a civil |
| |
| |
Intestates’ Estates Act 1952 (c. 64) |
| 35 |
13 (1) | Amend section 5 and Schedule 2 (rights of surviving spouse as respects the |
| |
matrimonial home) as follows. |
| |
(2) | For “husband or wife” (in each place) substitute “spouse or civil partner”. |
| |
(3) | In section 5, after “matrimonial” insert “or civil partnership”. |
| |
(4) | In the heading of each— |
| 40 |
| |
| |
|
| |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | after “matrimonial” insert “or civil partnership”. |
| |
Family Provision Act 1966 (c. 35) |
| |
14 | In section 1(1) (fixed net sum payable to surviving spouse of person dying |
| |
intestate), for “husband or wife” substitute “spouse or civil partner”. |
| 5 |
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) |
| |
15 (1) | Amend section 1 (application for financial provision from deceased person’s |
| |
| |
(2) | For subsection (1)(a) and (b) (application may be made by spouse or by |
| |
former spouse who has not remarried) substitute— |
| 10 |
“(a) | the spouse or civil partner of the deceased; |
| |
(b) | a former spouse or former civil partner of the deceased, but |
| |
not one who has formed a subsequent marriage or civil |
| |
| |
(3) | In subsection (1)(ba) (application may be made by person living as husband |
| 15 |
or wife of the deceased), after “subsection (1A)” insert “or (1B)”. |
| |
(4) | In subsection (1)(d) (application may be made by child of the family), after |
| |
“marriage” (in each place) insert “or civil partnership”. |
| |
(5) | After subsection (1A) insert— |
| |
“(1B) | This subsection applies to a person if for the whole of the period of |
| 20 |
two years ending immediately before the date when the deceased |
| |
died the person was living— |
| |
(a) | in the same household as the deceased, and |
| |
(b) | as the civil partner of the deceased.” |
| |
(6) | In subsection (2) (meaning of “reasonable financial provision”), after |
| 25 |
| |
“(aa) | in the case of an application made by virtue of subsection |
| |
(1)(a) above by the civil partner of the deceased (except |
| |
where, at the date of death, a separation order under Chapter |
| |
2 of Part 2 of the Civil Partnership Act 2004 was in force in |
| 30 |
relation to the civil partnership and the separation was |
| |
continuing), means such financial provision as it would be |
| |
reasonable in all the circumstances of the case for a civil |
| |
partner to receive, whether or not that provision is required |
| |
for his or her maintenance;”. |
| 35 |
16 | In section 2(1) (orders which may be made on an application), after |
| |
| |
“(g) | an order varying any settlement made— |
| |
(i) | during the subsistence of a civil partnership formed |
| |
| 40 |
(ii) | in anticipation of the formation of a civil partnership |
| |
| |
| on the civil partners (including such a settlement made by |
| |
will), the variation being for the benefit of the surviving civil |
| |
partner, or any child of both the civil partners, or any person |
| 45 |
| |
| |
|
| |
| |
who was treated by the deceased as a child of the family in |
| |
relation to that civil partnership.” |
| |
17 (1) | Amend section 3(2) (application by spouse or former spouse: matters to |
| |
which court is to have regard) as follows. |
| |
(2) | For the words from the beginning to “1(1)(b) of this Act” substitute— |
| 5 |
| “This subsection applies, without prejudice to the generality of |
| |
paragraph (g) of subsection (1) above, where an application for an |
| |
order under section 2 of this Act is made by virtue of section 1(1)(a) |
| |
| |
(3) | The words from “the court shall, in addition” to the end of paragraph (b) |
| 10 |
shall become a second sentence of the subsection and, in paragraph (a) of the |
| |
sentence so formed, after “duration of the marriage” insert “or civil |
| |
| |
(4) | The words from “in the case of an application by the wife or husband” to the |
| |
end shall become a third sentence of the subsection. |
| 15 |
(5) | At the end insert the following sentence— |
| |
| “In the case of an application by the civil partner of the deceased, the |
| |
court shall also, unless at the date of the death a separation order |
| |
under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in |
| |
force and the separation was continuing, have regard to the |
| 20 |
provision which the applicant might reasonably have expected to |
| |
receive if on the day on which the deceased died the civil |
| |
partnership, instead of being terminated by death, had been |
| |
terminated by a dissolution order.” |
| |
18 | In section 3(2A) (application by person living as husband or wife of |
| 25 |
deceased: matters to which court is to have regard), in paragraph (a), after |
| |
“wife” insert “or civil partner”. |
| |
19 | In section 6(3) and (10) (variation etc. of orders which cease on occurrence of |
| |
specified event other than remarriage of former spouse), for “(other than the |
| |
remarriage of a former wife or former husband)” substitute “(other than the |
| 30 |
formation of a subsequent marriage or civil partnership by a former spouse |
| |
or former civil partner)”. |
| |
20 | After section 14 insert— |
| |
“14A | Provision as to cases where no financial relief was granted in |
| |
proceedings for the dissolution etc. of a civil partnership |
| 35 |
(1) | Subsection (2) below applies where— |
| |
(a) | a dissolution order, nullity order, separation order or |
| |
presumption of death order has been made under Chapter 2 |
| |
of Part 2 of the Civil Partnership Act 2004 in relation to a civil |
| |
| 40 |
(b) | one of the civil partners dies within twelve months from the |
| |
date on which the order is made, and |
| |
| |
(i) | an application for a financial provision order under |
| |
Part 1 of Schedule 5 to that Act or a property |
| 45 |
adjustment order under Part 2 of that Schedule has |
| |
not been made by the other civil partner, or |
| |
| |
| |
|
| |
| |
(ii) | such an application has been made but the |
| |
proceedings on the application have not been |
| |
determined at the time of the death of the deceased. |
| |
(2) | If an application for an order under section 2 of this Act is made by |
| |
the surviving civil partner, the court shall, notwithstanding anything |
| 5 |
in section 1 or section 3 of this Act, have power, if it thinks it just to |
| |
do so, to treat the surviving civil partner as if the order mentioned in |
| |
subsection (1)(a) above had not been made. |
| |
(3) | This section shall not apply in relation to a separation order unless at |
| |
the date of the death of the deceased the separation order was in |
| 10 |
force and the separation was continuing.” |
| |
21 | After section 15 insert— |
| |
“15ZA | Restriction imposed in proceedings for the dissolution etc. of a civil |
| |
partnership on application under this Act |
| |
(1) | On making a dissolution order, nullity order, separation order or |
| 15 |
presumption of death order under Chapter 2 of Part 2 of the Civil |
| |
Partnership Act 2004, or at any time after making such an order, the |
| |
court, if it considers it just to do so, may, on the application of either |
| |
of the civil partners, order that the other civil partner shall not on the |
| |
death of the applicant be entitled to apply for an order under section |
| 20 |
| |
(2) | In subsection (1) above “the court” means the High Court or, where |
| |
a county court has jurisdiction by virtue of Part 5 of the Matrimonial |
| |
and Family Proceedings Act 1984, a county court. |
| |
(3) | In the case of a dissolution order, nullity order or presumption of |
| 25 |
death order (“the main order”) an order may be made under |
| |
subsection (1) above before (as well as after) the main order is made |
| |
final, but if made before the main order is made final it shall not take |
| |
effect unless the main order is made final. |
| |
(4) | Where an order under subsection (1) above made in connection with |
| 30 |
a dissolution order, nullity order or presumption of death order has |
| |
come into force with respect to a civil partner, then, on the death of |
| |
the other civil partner, the court shall not entertain any application |
| |
for an order under section 2 of this Act made by the surviving civil |
| |
| 35 |
(5) | Where an order under subsection (1) above made in connection with |
| |
a separation order has come into force with respect to a civil partner, |
| |
then, if the other civil partner dies while the separation order is in |
| |
force and the separation is continuing, the court shall not entertain |
| |
any application for an order under section 2 of this Act made by the |
| 40 |
surviving civil partner.” |
| |
22 | After section 15A insert— |
| |
“15B | Restriction imposed in proceedings under Schedule 7 to the Civil |
| |
Partnership Act 2004 on application under this Act |
| |
(1) | On making an order under paragraph 9 of Schedule 7 to the Civil |
| 45 |
Partnership Act 2004 (orders for financial provision, property |
| |
adjustment and pension-sharing following overseas dissolution etc. |
| |
| |
| |
|
| |
| |
of civil partnership) the court, if it considers it just to do so, may, on |
| |
the application of either of the civil partners, order that the other civil |
| |
partner shall not on the death of the applicant be entitled to apply for |
| |
an order under section 2 of this Act. |
| |
(2) | In subsection (1) above “the court” means the High Court or, where |
| 5 |
a county court has jurisdiction by virtue of Part 5 of the Matrimonial |
| |
and Family Proceedings Act 1984, a county court. |
| |
(3) | Where an order under subsection (1) above has been made with |
| |
respect to one of the civil partners in a case where a civil partnership |
| |
has been dissolved or annulled, then, on the death of the other civil |
| 10 |
partner, the court shall not entertain an application under section 2 |
| |
of this Act made by the surviving civil partner. |
| |
(4) | Where an order under subsection (1) above has been made with |
| |
respect to one of the civil partners in a case where civil partners have |
| |
been legally separated, then, if the other civil partner dies while the |
| 15 |
legal separation is in force, the court shall not entertain an |
| |
application under section 2 of this Act made by the surviving civil |
| |
| |
23 | In section 16(1) (power to vary secured periodical payments orders)— |
| |
(a) | after “the Matrimonial Causes Act 1973” insert “or Schedule 5 to the |
| 20 |
Civil Partnership Act 2004”, and |
| |
(b) | after “that Act” insert “of 1973 or Part 11 of that Schedule”. |
| |
24 | In section 17(4) (meaning of “maintenance agreement”)— |
| |
(a) | for “entered into a marriage” substitute “formed a marriage or civil |
| |
| 25 |
(b) | after “of the parties to that marriage” insert “or of the civil partners”, |
| |
| |
(c) | after “marriage” (in the third and fourth places) insert “or civil |
| |
| |
25 | After section 18 insert— |
| 30 |
“18A | Availability of court’s powers under this Act in applications under |
| |
paragraphs 60 and 73 of Schedule 5 to the Civil Partnership Act 2004 |
| |
| |
(a) | a person against whom a secured periodical payments order |
| |
was made under Schedule 5 to the Civil Partnership Act 2004 |
| 35 |
has died and an application is made under paragraph 60 of |
| |
that Schedule for the variation or discharge of that order or |
| |
for the revival of the operation of any suspended provision of |
| |
| |
(b) | a party to a maintenance agreement within the meaning of |
| 40 |
Part 13 of that Schedule has died, the agreement being one |
| |
which provides for the continuation of payments under the |
| |
agreement after the death of one of the parties, and an |
| |
application is made under paragraph 73 of that Schedule for |
| |
the alteration of the agreement under paragraph 69 of that |
| 45 |
| |
| the court shall have power to direct that the application made under |
| |
paragraph 60 or 73 of that Schedule shall be deemed to have been |
| |
| |
| |
|
