Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
80

165
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 2 years from the date of the formation of the civil partnership.
(2)
Nothing in this section prevents the making of an application based on matters
which occurred before the end of the 2 year period.
5
166
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)
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
10
may adjourn the proceedings for such period as it thinks fit to enable attempts
to be made to effect a reconciliation between them.
(3)
If during any such adjournment the parties resume living with other in the
same household, no account is to be taken of the fact for the purposes of the
proceedings.
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(4)
The power to adjourn under subsection (2) is additional to any other power of
adjournment.
167
Consideration by the court of certain agreements or arrangements
(1)
This section applies to cases where—
(a)
proceedings for a dissolution or separation order are contemplated or
20
have begun, and
(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
proceedings.
(2)
Rules of court may make provision for enabling—
25
(a)
the civil partners, or either of them, on application made either before
or after the making of the application for a dissolution or separation
order, to refer the agreement or arrangement to the court, and
(b)
the court—
(i)
to express an opinion, if it thinks it desirable to do so, as to the
30
reasonableness of the agreement or arrangement, and
(ii)
to give such directions, if any, in the matter as it thinks fit.
Dissolution of civil partnership
168
Dissolution of civil partnership which has broken down irretrievably
(1)
Subject to section 165, an application for a dissolution order may be made to
35
the court by either civil partner on the ground that the civil partnership has
broken down irretrievably.
(2)
On an application for a dissolution order the court must inquire, so far as it
reasonably can, into—
(a)
the facts alleged by the applicant, and
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(b)
any facts alleged by the respondent.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
81

(3)
The court hearing an application for a dissolution order must not hold that the
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
5
broken down irretrievably.
(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;
(b)
that—
10
(i)
the applicant and the respondent have lived apart for a
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
15
period of at least 5 years immediately preceding the making of the
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.
(6)
The court must not make a dissolution order without considering the oral
20
testimony of the applicant unless for special reasons it orders that such
testimony be dispensed with.
169
Supplemental provisions as to facts raising presumption of breakdown
(1)
Subsection (2) applies if—
(a)
in any proceedings for a dissolution order the applicant alleges, in
25
reliance on section 168(5)(a), that the respondent has behaved in such a
way that the applicant cannot reasonably be expected to live with the
respondent, but
(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
30
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
subsection (1)(b) must be disregarded in determining, for the purposes of
section 168(5)(a), whether the applicant cannot reasonably be expected to live
35
with the respondent.
(3)
Subsection (4) applies in relation to cases where the applicant alleges, in
reliance on section 168(5)(b), that the respondent consents to a dissolution
order being made.
(4)
Rules of court must make provision for the purpose of ensuring that the
40
respondent has been given such information as will enable him to
understand—
(a)
the consequences to him of consenting to the order, and
(b)
the steps which he must take to indicate his consent.
(5)
For the purposes of section 168(5)(d) the court may treat a period of desertion
45
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

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
82

that, had he not been so incapable, the court would have inferred that the
desertion continued at that time.
(6)
In considering for the purposes of section 168(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—
5
(a)
any one period not exceeding 6 months, or
(b)
any two or more periods not exceeding 6 months in all,

during which the civil partners resumed living together.
(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
10
as part of the period of desertion.
(8)
For the purposes of section 168(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
15
household.
170
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—
(a)
a separation order;
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(b)
an order under Schedule 16 (financial relief in court of summary
jurisdiction etc.);
(c)
an occupation order under Article 11 of the Family Homes and
Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.
6) (occupation orders));
25
(d)
an order under Article 15 of that Order (orders where neither civil
partner entitled to occupy the home).
(2)
Nothing prevents—
(a)
either civil partner from applying for a dissolution order, or
(b)
the court from making a dissolution order,
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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
any desertion or other fact by reference to which it was made, but
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(b)
must not make the dissolution order without receiving evidence from
the applicant.
(4)
If—
(a)
the application for the dissolution order follows a separation order or
any order requiring the civil partners to live apart,
40
(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,

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
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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
application.
(5)
For the purposes of section 168(5)(d) the court may treat as a period during
which the respondent has deserted the applicant any period during which
5
there is in force—
(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 Article 11 or 15 of the Family Homes and Domestic
Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) which
10
prohibits the respondent from occupying a dwelling-house in which
the applicant and the respondent have, or at any time have had, a civil
partnership home.
171
Refusal of dissolution in 5 year separation cases on ground of grave hardship
(1)
The respondent to an application for a dissolution order in which the applicant
15
alleges 5 years’ separation may oppose the making of an order on the ground
that—
(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
20
partnership.
(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
25
as to any other fact mentioned in section 168(5), and
(c)
apart from this section, the court would make a dissolution order.
(3)
The court must—
(a)
consider all the circumstances, including the conduct of the civil
partners and the interests of the civil partners and of any children or
30
other persons concerned, and
(b)
if it is of the opinion that the ground mentioned in subsection (1) is
made out, dismiss the application for the dissolution order.
(4)
“Hardship” includes the loss of the chance of acquiring any benefit which the
respondent might acquire if the civil partnership were not dissolved.
35
172
Proceedings before order made final: protection for respondent in separation
cases
(1)
The court may, on an application made by the respondent, rescind a
conditional dissolution order if—
(a)
it made the order on the basis of a finding that the applicant was
40
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 168(5),
and

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
84

(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—
(a)
the respondent to an application for a dissolution order in which the
5
applicant alleged—
(i)
2 years’ separation coupled with the respondent’s consent to a
dissolution order being made, or
(ii)
5 years’ separation,

has applied to the court for consideration under subsection (3) of his
10
financial position after the dissolution of the civil partnership, and
(b)
the court—
(i)
has made a conditional dissolution order on the basis of a
finding that the applicant was entitled to rely in support of his
application on the fact of 2 years’ or 5 years’ separation, and
15
(ii)
has made no such finding as to any other fact mentioned in
section 168(5).
(3)
The court hearing an application by the respondent under subsection (2) must
consider all the circumstances, including—
(a)
the age, health, conduct, earning capacity, financial resources and
20
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
applicant die first.
(4)
The court must not make the order final unless it has, by order, declared that it
25
is satisfied that—
(a)
the applicant should not be required to make any financial provision
for the respondent,
(b)
the financial provision made by the applicant for the respondent is—
(i)
reasonable and fair, or
30
(ii)
the best that can be made in the circumstances, or
(c)
there are circumstances making it desirable that the order should be
made final without delay.
(5)
The court must not make an order declaring that it is satisfied as mentioned in
subsection (4)(c) unless it has obtained a satisfactory undertaking from the
35
applicant that he will bring the question of financial provision for the
respondent before the court within a specified time.
(6)
Subsection (7) applies if, following an application under subsection (2) which
is not withdrawn, the court makes the order final without making an order
under subsection (4).
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(7)
The final order is voidable at the instance of the respondent or of the court but
no person is entitled to challenge the validity of the order after it is made final
on the ground that subsections (4) and (5) were not satisfied.
(8)
If the court refuses to make an order under subsection (4), it must, on an
application by the applicant, make an order declaring that it is not satisfied as
45
mentioned in that subsection.