|
| |
|
(4) | “Hardship” includes the loss of the chance of acquiring any benefit which the |
| |
respondent might acquire if the civil partnership were not dissolved. |
| |
48 | Proceedings before order made final: protection for respondent in separation |
| |
| |
(1) | The court may, on an application made by the respondent, rescind a |
| 5 |
conditional dissolution order if— |
| |
(a) | it made the order on the basis of a finding that the applicant was |
| |
entitled to rely on the fact of 2 years’ separation coupled with the |
| |
respondent’s consent to a dissolution order being made, |
| |
(b) | it made no such finding as to any other fact mentioned in section 44(5), |
| 10 |
| |
(c) | it is satisfied that the applicant misled the respondent (whether |
| |
intentionally or unintentionally) about any matter which the |
| |
respondent took into account in deciding to give his consent. |
| |
(2) | Subsections (3) to (5) apply if— |
| 15 |
(a) | the respondent to an application for a dissolution order in which the |
| |
| |
(i) | 2 years’ separation coupled with the respondent’s consent to a |
| |
dissolution order being made, or |
| |
(ii) | 5 years’ separation, |
| 20 |
| has applied to the court for consideration under subsection (3) of his |
| |
financial position after the dissolution of the civil partnership, and |
| |
| |
(i) | has made a conditional dissolution order on the basis of a |
| |
finding that the applicant was entitled to rely in support of his |
| 25 |
application on the fact of 2 years’ or 5 years’ separation, and |
| |
(ii) | has made no such finding as to any other fact mentioned in |
| |
| |
(3) | The court hearing an application by the respondent under subsection (2) must |
| |
consider all the circumstances, including— |
| 30 |
(a) | the age, health, conduct, earning capacity, financial resources and |
| |
financial obligations of each of the parties, and |
| |
(b) | the financial position of the respondent as, having regard to the |
| |
dissolution, it is likely to be after the death of the applicant should the |
| |
| 35 |
(4) | Subject to subsection (5), the court must not make the order final unless it is |
| |
| |
(a) | the applicant should not be required to make any financial provision |
| |
| |
(b) | the financial provision made by the applicant for the respondent is— |
| 40 |
(i) | reasonable and fair, or |
| |
(ii) | the best that can be made in the circumstances. |
| |
(5) | The court may if it thinks fit make the order final if— |
| |
(a) | it appears that there are circumstances making it desirable that the |
| |
order should be made final without delay, and |
| 45 |
|
| |
|
| |
|
(b) | it has obtained a satisfactory undertaking from the applicant that he |
| |
will make such financial provision for the respondent as it may |
| |
| |
| |
49 | Grounds on which civil partnership is void |
| 5 |
Where two people register as civil partners of each other in England and Wales, |
| |
the civil partnership is void if— |
| |
(a) | at the time when they do so, they are not eligible to register as civil |
| |
partners of each other under Chapter 1 (see section 3), |
| |
(b) | at the time when they do so they both know— |
| 10 |
(i) | that due notice of proposed civil partnership has not been |
| |
| |
(ii) | that the civil partnership document has not been duly issued, |
| |
(iii) | that the civil partnership document is void under section 17(3) |
| |
or 27(2) (registration after end of time allowed for registering), |
| 15 |
(iv) | that the place of registration is a place other than that specified |
| |
in the notices (or notice) of proposed civil partnership and the |
| |
civil partnership document, or |
| |
(v) | that a civil partnership registrar is not present, or |
| |
(c) | the civil partnership document is void under paragraph 6(5) of |
| 20 |
Schedule 2 (civil partnership between child and another person |
| |
| |
50 | Grounds on which civil partnership is voidable |
| |
(1) | Where two people register as civil partners of each other in England and Wales, |
| |
the civil partnership is voidable if— |
| 25 |
(a) | either of them did not validly consent to its formation (whether as a |
| |
result of duress, mistake, unsoundness of mind or otherwise); |
| |
(b) | at the time of its formation either of them, though capable of giving a |
| |
valid consent, was suffering (whether continuously or intermittently) |
| |
from mental disorder of such a kind or to such an extent as to be |
| 30 |
unfitted for civil partnership; |
| |
(c) | at the time of its formation, the respondent was pregnant by some |
| |
person other than the applicant; |
| |
(d) | an interim gender recognition certificate under the Gender Recognition |
| |
Act 2004 (c. 7) has, after the time of its formation, been issued to either |
| 35 |
| |
(e) | the respondent is a person whose gender at the time of its formation |
| |
had become the acquired gender under the 2004 Act. |
| |
(2) | In this section and section 51 “mental disorder” has the same meaning as in the |
| |
Mental Health Act 1983 (c. 20). |
| 40 |
51 | Bars to relief where civil partnership is voidable |
| |
(1) | The court must not make a nullity order on the ground that a civil partnership |
| |
is voidable if the respondent satisfies the court— |
| |
|
| |
|
| |
|
(a) | that the applicant, with knowledge that it was open to him to obtain a |
| |
nullity order, conducted himself in relation to the respondent in such a |
| |
way as to lead the respondent reasonably to believe that he would not |
| |
| |
(b) | that it would be unjust to the respondent to make the order. |
| 5 |
(2) | Without prejudice to subsection (1), the court must not make a nullity order by |
| |
virtue of section 50(1)(a), (b), (c) or (e) unless— |
| |
(a) | it is satisfied that proceedings were instituted within 3 years from the |
| |
date of the formation of the civil partnership, or |
| |
(b) | leave for the institution of proceedings after the end of that 3 year |
| 10 |
period has been granted under subsection (3). |
| |
(3) | A judge of the court may, on an application made to him, grant leave for the |
| |
institution of proceedings if he— |
| |
(a) | is satisfied that the applicant has at some time during the 3 year period |
| |
suffered from mental disorder, and |
| 15 |
(b) | considers that in all the circumstances of the case it would be just to |
| |
grant leave for the institution of proceedings. |
| |
(4) | An application for leave under subsection (3) may be made after the end of the |
| |
| |
(5) | Without prejudice to subsection (1), the court must not make a nullity order by |
| 20 |
virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted |
| |
within the period of 6 months from the date of issue of the interim gender |
| |
| |
(6) | Without prejudice to subsections (1) and (2), the court must not make a nullity |
| |
order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant |
| 25 |
was at the time of the formation of the civil partnership ignorant of the facts |
| |
| |
52 | Proof of certain matters not necessary to validity of civil partnership |
| |
(1) | Where two people have registered as civil partners of each other in England |
| |
and Wales, it is not necessary in support of the civil partnership to give any |
| 30 |
| |
(a) | that any person whose consent to the civil partnership was required by |
| |
section 4 (parental etc. consent) had given his consent, or |
| |
(b) | that the civil partnership registrar was designated as such by the |
| |
registration authority in whose area the registration took place; |
| 35 |
| and no evidence is to be given to prove the contrary in any proceedings |
| |
touching the validity of the civil partnership. |
| |
(2) | Subsection (1)(a) is subject to section 49(c) (civil partnership void if forbidden). |
| |
53 | Power to validate civil partnership |
| |
(1) | Where two people have registered as civil partners of each other in England |
| 40 |
and Wales, the Lord Chancellor may by order validate the civil partnership if |
| |
it appears to him that it is or may be void under section 49(b). |
| |
(2) | An order under subsection (1) may include provisions for relieving a person |
| |
from any liability under section 31(2), 32(2) or 33(5) or (7). |
| |
|
| |
|
| |
|
(3) | The draft of an order under subsection (1) must be advertised, in such manner |
| |
as the Lord Chancellor thinks fit, not less than one month before the order is |
| |
| |
(4) | The Lord Chancellor must— |
| |
(a) | consider all objections to the order sent to him in writing during that |
| 5 |
| |
(b) | if it appears to him necessary, direct a local inquiry into the validity of |
| |
| |
(5) | An order under subsection (1) is subject to special parliamentary procedure. |
| |
54 | Validity of civil partnerships registered outside England and Wales |
| 10 |
(1) | Where two people register as civil partners of each other in Scotland, the civil |
| |
| |
(a) | void, if it would be void in Scotland under section 123, and |
| |
(b) | voidable, if the circumstances fall within section 50(1)(d). |
| |
(2) | Where two people register as civil partners of each other in Northern Ireland, |
| 15 |
the civil partnership is— |
| |
(a) | void, if it would be void in Northern Ireland under section 173, and |
| |
(b) | voidable, if the circumstances fall within any paragraph of section |
| |
| |
(3) | Subsection (4) applies where two people register as civil partners of each other |
| 20 |
under an Order in Council under— |
| |
(a) | section 210 (registration at British consulates etc.), or |
| |
(b) | section 211 (registration by armed forces personnel), |
| |
| (“the relevant section”). |
| |
(4) | The civil partnership is— |
| 25 |
| |
(i) | the condition in subsection (2)(a) or (b) of the relevant section is |
| |
| |
(ii) | a requirement prescribed for the purposes of this paragraph by |
| |
an Order in Council under the relevant section is not complied |
| 30 |
| |
| |
(i) | the appropriate part of the United Kingdom is England and |
| |
Wales or Northern Ireland and the circumstances fall within |
| |
any paragraph of section 50(1), or |
| 35 |
(ii) | the appropriate part of the United Kingdom is Scotland and the |
| |
circumstances fall within section 50(1)(d). |
| |
(5) | The appropriate part of the United Kingdom is the part by reference to which |
| |
the condition in subsection (2)(b) of the relevant section is met. |
| |
(6) | Subsections (7) and (8) apply where two people have registered an apparent or |
| 40 |
alleged overseas relationship. |
| |
(7) | The civil partnership is void if— |
| |
(a) | the relationship is not an overseas relationship, or |
| |
|
| |
|
| |
|
(b) | (even though the relationship is an overseas relationship) the parties |
| |
are not treated under Chapter 2 of Part 5 as having formed a civil |
| |
| |
(8) | The civil partnership is voidable if— |
| |
(a) | the overseas relationship is voidable under the relevant law, |
| 5 |
(b) | the circumstances fall within section 50(1)(d), or |
| |
(c) | where either of the parties was domiciled in England and Wales or |
| |
Northern Ireland at the time when the overseas relationship was |
| |
registered, the circumstances fall within section 50(1)(a), (b), (c) or (e). |
| |
(9) | Section 51 applies for the purposes of— |
| 10 |
(a) | subsections (1)(b), (2)(b) and (4)(b), |
| |
(b) | subsection (8)(a), in so far as applicable in accordance with the relevant |
| |
| |
(c) | subsection (8)(b) and (c). |
| |
(10) | In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country |
| 15 |
or territory where the overseas relationship was registered (including its rules |
| |
of private international law). |
| |
(11) | For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 |
| |
and 51 to the formation of the civil partnership are to be read as references to |
| |
the registration of the overseas relationship. |
| 20 |
Presumption of death orders |
| |
55 | Presumption of death orders |
| |
(1) | The court may, on an application made by a civil partner, make a presumption |
| |
of death order if it is satisfied that reasonable grounds exist for supposing that |
| |
the other civil partner is dead. |
| 25 |
(2) | In any proceedings under this section the fact that— |
| |
(a) | for a period of 7 years or more the other civil partner has been |
| |
continually absent from the applicant, and |
| |
(b) | the applicant has no reason to believe that the other civil partner has |
| |
been living within that time, |
| 30 |
| is evidence that the other civil partner is dead until the contrary is proved. |
| |
| |
| |
(1) | An application for a separation order may be made to the court by either civil |
| |
partner on the ground that any such fact as is mentioned in section 44(5)(a), (b), |
| 35 |
| |
(2) | On an application for a separation order the court must inquire, so far as it |
| |
| |
(a) | the facts alleged by the applicant, and |
| |
(b) | any facts alleged by the respondent, |
| 40 |
| but whether the civil partnership has broken down irretrievably is irrelevant. |
| |
|
| |
|
| |
|
(3) | If the court is satisfied on the evidence of any such fact as is mentioned in |
| |
section 44(5)(a), (b), (c) or (d) it must, subject to section 63, make a separation |
| |
| |
(4) | Section 45 (supplemental provisions as to facts raising presumption of |
| |
breakdown) applies for the purposes of an application for a separation order |
| 5 |
alleging any such fact as it applies in relation to an application for a dissolution |
| |
order alleging that fact. |
| |
57 | Effect of separation order |
| |
If either civil partner dies intestate as respects all or any of his or her real or |
| |
| 10 |
(a) | a separation order is in force, and |
| |
(b) | the separation is continuing, |
| |
the property as respects which he or she died intestate devolves as if the other |
| |
civil partner had then been dead. |
| |
| 15 |
| |
(1) | Any person may apply to the High Court or a county court for one or more of |
| |
the following declarations in relation to a civil partnership specified in the |
| |
| |
(a) | a declaration that the civil partnership was at its inception a valid civil |
| 20 |
| |
(b) | a declaration that the civil partnership subsisted on a date specified in |
| |
| |
(c) | a declaration that the civil partnership did not subsist on a date so |
| |
| 25 |
(d) | a declaration that the validity of a dissolution, annulment or legal |
| |
separation obtained outside England and Wales in respect of the civil |
| |
partnership is entitled to recognition in England and Wales; |
| |
(e) | a declaration that the validity of a dissolution, annulment or legal |
| |
separation so obtained in respect of the civil partnership is not entitled |
| 30 |
to recognition in England and Wales. |
| |
(2) | Where an application under subsection (1) is made to a court by a person other |
| |
than a civil partner in the civil partnership to which the application relates, the |
| |
court must refuse to hear the application if it considers that the applicant does |
| |
not have a sufficient interest in the determination of that application. |
| 35 |
59 | General provisions as to making and effect of declarations |
| |
(1) | Where on an application for a declaration under section 58 the truth of the |
| |
proposition to be declared is proved to the satisfaction of the court, the court |
| |
must make the declaration unless to do so would be manifestly contrary to |
| |
| 40 |
(2) | Any declaration under section 58 binds Her Majesty and all other persons. |
| |
(3) | The court, on the dismissal of an application for a declaration under section 58, |
| |
may not make any declaration for which an application has not been made. |
| |
|
| |
|
| |
|
(4) | No declaration which may be applied for under section 58 may be made |
| |
otherwise than under section 58 by any court. |
| |
(5) | No declaration may be made by any court, whether under section 58 or |
| |
otherwise, that a civil partnership was at its inception void. |
| |
(6) | Nothing in this section affects the powers of any court to make a nullity order |
| 5 |
in respect of a civil partnership. |
| |
60 | The Attorney General and proceedings for declarations |
| |
(1) | On an application for a declaration under section 58 the court may at any stage |
| |
of the proceedings, of its own motion or on the application of any party to the |
| |
proceedings, direct that all necessary papers in the matter be sent to the |
| 10 |
| |
(2) | The Attorney General, whether or not he is sent papers in relation to an |
| |
application for a declaration under section 58, may— |
| |
(a) | intervene in the proceedings on that application in such manner as he |
| |
thinks necessary or expedient, and |
| 15 |
(b) | argue before the court dealing with the application any question in |
| |
relation to the application which the court considers it necessary to |
| |
| |
(3) | Where any costs are incurred by the Attorney General in connection with any |
| |
application for a declaration under section 58, the court may make such order |
| 20 |
as it considers just as to the payment of those costs by parties to the |
| |
| |
61 | Supplementary provisions as to declarations |
| |
(1) | Any declaration made under section 58, and any application for such a |
| |
declaration, must be in the form prescribed by rules of court. |
| 25 |
(2) | Rules of court may make provision— |
| |
(a) | as to the information required to be given by any applicant for a |
| |
declaration under section 58; |
| |
(b) | requiring notice of an application under section 58 to be served on the |
| |
Attorney General and on persons who may be affected by any |
| 30 |
| |
(3) | No proceedings under section 58 affect any final judgment or order already |
| |
pronounced or made by any court of competent jurisdiction. |
| |
(4) | The court hearing an application under section 58 may direct that the whole or |
| |
any part of the proceedings must be heard in private. |
| 35 |
(5) | An application for a direction under subsection (4) must be heard in private |
| |
unless the court otherwise directs. |
| |
| |
62 | Relief for respondent in dissolution proceedings |
| |
(1) | If in any proceedings for a dissolution order the respondent alleges and proves |
| 40 |
any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) the court may |
| |
|
| |
|