|
| |
|
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 |
| |
| 15 |
(4) | The power to adjourn under subsection (2) is additional to any other power of |
| |
| |
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 |
| |
(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— |
| 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 |
| |
| |
(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 |
| |
| |
(a) | the facts alleged by the applicant, and |
| 40 |
(b) | any facts alleged by the respondent. |
| |
|
| |
|
| |
|
(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; |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
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— |
| |
| 20 |
(b) | an order under Schedule 16 (financial relief in court of summary |
| |
| |
(c) | an occupation order under Article 11 of the Family Homes and |
| |
Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. |
| |
| 25 |
(d) | an order under Article 15 of that Order (orders where neither civil |
| |
partner entitled to occupy the home). |
| |
| |
(a) | either civil partner from applying for a dissolution order, or |
| |
(b) | the court from making a dissolution order, |
| 30 |
| 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 |
| 35 |
(b) | must not make the dissolution order without receiving evidence from |
| |
| |
| |
(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, |
| |
|
| |
|
| |
|
| 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 168(5)(d) the court may treat as a period during |
| |
which the respondent has deserted the applicant any period during which |
| 5 |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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. |
| |
| |
(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 |
| |
| |
(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), |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | The court must not make the order final unless it has, by order, declared that it |
| 25 |
| |
(a) | the applicant should not be required to make any financial provision |
| |
| |
(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 |
| |
| 40 |
(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. |
| |
|
| |
|