|
| |
|
35 | Power to assimilate provisions relating to civil registration |
| |
(1) | The Chancellor of the Exchequer may by order make— |
| |
(a) | such amendments of this Act as appear to him appropriate for the |
| |
purpose of assimilating any provision connected with the formation or |
| |
recording of civil partnerships in England and Wales to any provision |
| 5 |
made (whether or not under an order under section 1 of the Regulatory |
| |
Reform Act 2001 (c. 6)) in relation to civil marriage in England and |
| |
| |
(b) | such amendments of other enactments and of subordinate legislation as |
| |
appear to him appropriate in consequence of any amendments made |
| 10 |
| |
(2) | “Civil marriage” means marriage solemnised otherwise than according to the |
| |
rites of the Church of England or any other religious usages. |
| |
(3) | “Amendment” includes repeal or revocation. |
| |
(4) | “Subordinate legislation” has the same meaning as in the Interpretation Act |
| 15 |
| |
36 | Regulations and orders |
| |
(1) | Regulations may make provision supplementing the provisions of this |
| |
| |
(2) | Regulations may in particular make provision— |
| 20 |
(a) | relating to the use of Welsh in documents and records relating to civil |
| |
| |
(b) | with respect to the retention of documents relating to civil partnerships; |
| |
(c) | prescribing the duties of civil partnership registrars; |
| |
(d) | prescribing the duties of persons in whose presence any declaration is |
| 25 |
made for the purposes of this Chapter; |
| |
(e) | for the issue by the Registrar General of guidance supplementing any |
| |
provision made by the regulations. |
| |
(f) | for the issue by registration authorities or the Registrar General of |
| |
certified copies of entries in the register and for such copies to be |
| 30 |
| |
(3) | In this Chapter “regulations” means regulations made by the Registrar General |
| |
with the approval of the Chancellor of the Exchequer. |
| |
(4) | Any power to make regulations or an order under this Chapter is exercisable |
| |
| 35 |
(5) | A statutory instrument containing an order under section 34 is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(6) | No order may be made under section 35 unless a draft of the statutory |
| |
instrument containing the order has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| 40 |
|
| |
|
| |
|
| |
Dissolution, nullity and other proceedings |
| |
| |
37 | Powers to make orders and effect of orders |
| |
(1) | The court may, in accordance with this Chapter— |
| 5 |
(a) | make an order (a “dissolution order”) which dissolves a civil |
| |
partnership on the ground that it has broken down irretrievably; |
| |
(b) | make an order (a “nullity order”) which annuls a civil partnership |
| |
which is void or voidable; |
| |
(c) | make an order (a “presumption of death order”) which dissolves a civil |
| 10 |
partnership on the ground that one of the civil partners is presumed to |
| |
| |
(d) | make an order (a “separation order”) which provides for the separation |
| |
| |
(2) | Every dissolution, nullity or presumption of death order— |
| 15 |
(a) | is, in the first instance, a conditional order, and |
| |
(b) | may not be made final before the end of the prescribed period (see |
| |
| |
| and any reference in this Chapter to a conditional order is to be read |
| |
| 20 |
(3) | A nullity order made where a civil partnership is voidable annuls the civil |
| |
partnership only as respects any time after the order has been made final, and |
| |
the civil partnership is to be treated (despite the order) as if it had existed up to |
| |
| |
(4) | In this Chapter, other than in sections 58 to 61, “the court” means— |
| 25 |
| |
(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. |
| |
(5) | This Chapter is subject to sections 219 to 224 (jurisdiction of the court). |
| |
38 | The period before conditional orders may be made final |
| 30 |
(1) | Subject to subsections (2) to (4), the prescribed period for the purposes of |
| |
| |
(a) | 6 weeks from the making of the conditional order, or |
| |
(b) | if the 6 week period would end on a day on which the office or registry |
| |
of the court dealing with the case is closed, the period of 6 weeks |
| 35 |
extended to the end of the first day on which the office or registry is |
| |
| |
(2) | The Lord Chancellor may by order amend this section so as to substitute a |
| |
different definition of the prescribed period for the purposes of section |
| |
| 40 |
(3) | But the Lord Chancellor may not under subsection (2) provide for a period |
| |
longer than 6 months to be the prescribed period. |
| |
|
| |
|
| |
|
(4) | In a particular case the court dealing with the case may by order shorten the |
| |
| |
(5) | The power to make an order under subsection (2) is exercisable by statutory |
| |
| |
(6) | An instrument containing such an order is subject to annulment in pursuance |
| 5 |
of a resolution of either House of Parliament. |
| |
39 | Intervention of the Queen’s Proctor |
| |
(1) | This section applies if an application has been made for a dissolution, nullity |
| |
or presumption of death order. |
| |
(2) | The court may, if it thinks fit, direct that all necessary papers in the matter are |
| 10 |
to be sent to the Queen’s Proctor who must under the directions of the |
| |
Attorney General instruct counsel to argue before the court any question in |
| |
relation to the matter which the court considers it necessary or expedient to |
| |
| |
(3) | If any person at any time— |
| 15 |
(a) | during the progress of the proceedings, or |
| |
(b) | before the conditional order is made final, |
| |
| gives information to the Queen’s Proctor on any matter material to the due |
| |
decision of the case, the Queen’s Proctor may take such steps as the Attorney |
| |
General considers necessary or expedient. |
| 20 |
(4) | If the Queen’s Proctor intervenes or shows cause against the making of the |
| |
conditional order in any proceedings relating to its making, the court may |
| |
make such order as may be just as to— |
| |
(a) | the payment by other parties to the proceedings of the costs incurred by |
| |
| 25 |
(b) | the payment by the Queen’s Proctor of any costs incurred by any of |
| |
those parties because of his doing so. |
| |
(5) | The Queen’s Proctor is entitled to charge as part of the expenses of his office— |
| |
(a) | the costs of any proceedings under subsection (2); |
| |
(b) | if his reasonable costs of intervening or showing cause as mentioned in |
| 30 |
subsection (4) are not fully satisfied by an order under subsection (4)(a), |
| |
the amount of the difference; |
| |
(c) | if the Treasury so directs, any costs which he pays to any parties under |
| |
an order made under subsection (4)(b). |
| |
40 | Proceedings before order has been made final |
| 35 |
(1) | This section applies if— |
| |
(a) | a conditional order has been made, and |
| |
(b) | the Queen’s Proctor, or any person who has not been a party to |
| |
proceedings in which the order was made, shows cause why the order |
| |
should not be made final on the ground that material facts have not |
| 40 |
been brought before the court. |
| |
(2) | This section also applies if— |
| |
(a) | a conditional order has been made, |
| |
|
| |
|
| |
|
(b) | 3 months have elapsed since the earliest date on which an application |
| |
could have been made for the order to be made final, |
| |
(c) | no such application has been made by the civil partner who applied for |
| |
the conditional order, and |
| |
(d) | the other civil partner makes an application to the court under this |
| 5 |
| |
| |
(a) | make the order final, |
| |
| |
(c) | require further inquiry, or |
| 10 |
(d) | otherwise deal with the case as it thinks fit. |
| |
| |
(a) | applies despite section 37(2) (period before conditional orders may be |
| |
| |
(b) | is subject to section 48(4) (protection for respondent in separation cases) |
| 15 |
and section 63 (restrictions on making of orders affecting children). |
| |
41 | Time bar on applications for dissolution orders |
| |
(1) | No application for a dissolution order may be made to the court before the end |
| |
of the period of 1 year from the date of the formation of the civil partnership. |
| |
(2) | Nothing in this section prevents the making of an application based on matters |
| 20 |
which occurred before the end of the 1 year period. |
| |
42 | Attempts at reconciliation of civil partners |
| |
(1) | This section applies in relation to cases where an application is made for a |
| |
dissolution or separation order. |
| |
(2) | Rules of court must make provision for requiring the solicitor acting for the |
| 25 |
applicant to certify whether he has— |
| |
(a) | discussed with the applicant the possibility of a reconciliation with the |
| |
| |
(b) | given the applicant the names and addresses of persons qualified to |
| |
help effect a reconciliation between civil partners who have become |
| 30 |
| |
(3) | If at any stage of proceedings for the order it appears to the court that there is |
| |
a reasonable possibility of a reconciliation between the civil partners, the court |
| |
may adjourn the proceedings for such period as it thinks fit to enable attempts |
| |
to be made to effect a reconciliation between them. |
| 35 |
(4) | The power to adjourn under subsection (3) is additional to any other power of |
| |
| |
43 | Consideration by the court of certain agreements or arrangements |
| |
(1) | This section applies in relation to cases where— |
| |
(a) | proceedings for a dissolution or separation order are contemplated or |
| 40 |
| |
|
| |
|
| |
|
(b) | an agreement or arrangement is made or proposed to be made between |
| |
the civil partners which relates to, arises out of, or is connected with, the |
| |
| |
(2) | Rules of court may make provision for enabling— |
| |
(a) | the civil partners, or either of them, to refer the agreement or |
| 5 |
arrangement to the court, and |
| |
| |
(i) | to express an opinion, if it thinks it desirable to do so, as to the |
| |
reasonableness of the agreement or arrangement, and |
| |
(ii) | to give such directions, if any, in the matter as it thinks fit. |
| 10 |
Dissolution of civil partnership |
| |
44 | Dissolution of civil partnership which has broken down irretrievably |
| |
(1) | Subject to section 41, an application for a dissolution order may be made to the |
| |
court by either civil partner on the ground that the civil partnership has broken |
| |
| 15 |
(2) | On an application for a dissolution order the court must inquire, so far as it |
| |
| |
(a) | the facts alleged by the applicant, and |
| |
(b) | any facts alleged by the respondent. |
| |
(3) | The court hearing an application for a dissolution order must not hold that the |
| 20 |
civil partnership has broken down irretrievably unless the applicant satisfies |
| |
the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d). |
| |
(4) | But if the court is satisfied of any of those facts, it must make a dissolution |
| |
order unless it is satisfied on all the evidence that the civil partnership has not |
| |
broken down irretrievably. |
| 25 |
(5) | The facts referred to in subsections (3) and (4) are— |
| |
(a) | that the respondent has behaved in such a way that the applicant |
| |
cannot reasonably be expected to live with the respondent; |
| |
| |
(i) | the applicant and the respondent have lived apart for a |
| 30 |
continuous period of at least 2 years immediately preceding the |
| |
making of the application (“2 years’ separation”), and |
| |
(ii) | the respondent consents to a dissolution order being made; |
| |
(c) | that the applicant and the respondent have lived apart for a continuous |
| |
period of at least 5 years immediately preceding the making of the |
| 35 |
application (“5 years’ separation”); |
| |
(d) | that the respondent has deserted the applicant for a continuous period |
| |
of at least 2 years immediately preceding the making of the application. |
| |
45 | Supplemental provisions as to facts raising presumption of breakdown |
| |
(1) | Subsection (2) applies if— |
| 40 |
(a) | in any proceedings for a dissolution order the applicant alleges, in |
| |
reliance on section 44(5)(a), that the respondent has behaved in such a |
| |
way that the applicant cannot reasonably be expected to live with the |
| |
| |
|
| |
|
| |
|
(b) | after the date of the occurrence of the final incident relied on by the |
| |
applicant and held by the court to support his allegation, the applicant |
| |
and the respondent have lived together for a period (or periods) which |
| |
does not, or which taken together do not, exceed 6 months. |
| |
(2) | The fact that the applicant and respondent have lived together as mentioned in |
| 5 |
subsection (1)(b) must be disregarded in determining, for the purposes of |
| |
section 44(5)(a), whether the applicant cannot reasonably be expected to live |
| |
| |
(3) | Subsection (4) applies in relation to cases where the applicant alleges, in |
| |
reliance on section 44(5)(b), that the respondent consents to a dissolution order |
| 10 |
| |
(4) | Rules of court must make provision for the purpose of ensuring that the |
| |
respondent has been given such information as will enable him to |
| |
| |
(a) | the consequences to him of consenting to the making of the order, and |
| 15 |
(b) | the steps which he must take to indicate his consent. |
| |
(5) | For the purposes of section 44(5)(d) the court may treat a period of desertion as |
| |
having continued at a time when the deserting civil partner was incapable of |
| |
continuing the necessary intention, if the evidence before the court is such that, |
| |
had he not been so incapable, the court would have inferred that the desertion |
| 20 |
| |
(6) | In considering for the purposes of section 44(5) whether the period for which |
| |
the civil partners have lived apart or the period for which the respondent has |
| |
deserted the applicant has been continuous, no account is to be taken of— |
| |
(a) | any one period not exceeding 6 months, or |
| 25 |
(b) | any two or more periods not exceeding 6 months in all, |
| |
| during which the civil partners resumed living with each other. |
| |
(7) | But no period during which the civil partners have lived with each other |
| |
counts as part of the period during which the civil partners have lived apart or |
| |
as part of the period of desertion. |
| 30 |
(8) | For the purposes of section 44(5)(b) and (c) and this section civil partners are to |
| |
be treated as living apart unless they are living with each other in the same |
| |
household, and references in this section to civil partners living with each other |
| |
are to be read as references to their living with each other in the same |
| |
| 35 |
46 | Dissolution order not precluded by previous separation order etc. |
| |
(1) | Subsections (2) and (3) apply if any of the following orders has been made in |
| |
relation to a civil partnership— |
| |
| |
(b) | an order under Schedule 6 (financial relief in magistrates’ courts etc.); |
| 40 |
(c) | an order under section 33 of the Family Law Act 1996 (c. 27) |
| |
| |
(d) | an order under section 37 of the 1996 Act (orders where neither civil |
| |
partner entitled to occupy the home). |
| |
| 45 |
(a) | either civil partner from applying for a dissolution order, or |
| |
|
| |
|
| |
|
(b) | the court from making a dissolution order, |
| |
| on the same facts, or substantially the same facts, as those proved in support of |
| |
the making of the order referred to in subsection (1). |
| |
(3) | On the application for the dissolution order, the court— |
| |
(a) | may treat the order referred to in subsection (1) as sufficient proof of |
| 5 |
any desertion or other fact by reference to which it was made, but |
| |
(b) | must not make the dissolution order without receiving evidence from |
| |
| |
| |
(a) | the application for the dissolution order follows a separation order or |
| 10 |
any order requiring the civil partners to live apart, |
| |
(b) | there was a period of desertion immediately preceding the institution |
| |
of the proceedings for the separation order, and |
| |
(c) | the civil partners have not resumed living together and the separation |
| |
order has been continuously in force since it was made, |
| 15 |
| the period of desertion is to be treated for the purposes of the application for |
| |
the dissolution order as if it had immediately preceded the making of the |
| |
| |
(5) | For the purposes of section 44(5)(d) the court may treat as a period during |
| |
which the respondent has deserted the applicant any period during which |
| 20 |
| |
(a) | an injunction granted by the High Court or a county court which |
| |
excludes the respondent from the civil partnership home, or |
| |
(b) | an order under section 33 or 37 of the 1996 Act which prohibits the |
| |
respondent from occupying a dwelling-house in which the applicant |
| 25 |
and the respondent have, or at any time have had, a civil partnership |
| |
| |
47 | Refusal of dissolution in 5 year separation cases on grounds of grave hardship |
| |
(1) | The respondent to an application for a dissolution order in which the applicant |
| |
alleges 5 years’ separation may oppose the making of an order on the ground |
| 30 |
| |
(a) | the dissolution of the civil partnership will result in grave financial or |
| |
other hardship to him, and |
| |
(b) | it would in all the circumstances be wrong to dissolve the civil |
| |
| 35 |
(2) | Subsection (3) applies if— |
| |
(a) | the making of a dissolution order is opposed under this section, |
| |
(b) | the court finds that the applicant is entitled to rely in support of his |
| |
application on the fact of 5 years’ separation and makes no such finding |
| |
as to any other fact mentioned in section 44(5), and |
| 40 |
(c) | apart from this section, the court would make a dissolution order. |
| |
| |
(a) | consider all the circumstances, including the conduct of the civil |
| |
partners and the interests of the civil partners and of any children or |
| |
other persons concerned, and |
| 45 |
(b) | if it is of the opinion that the ground mentioned in subsection (1) is |
| |
made out, dismiss the application for the dissolution order. |
| |
|
| |
|