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
85

Nullity
173
Grounds on which civil partnership is void
Where two people register as civil partners of each other in Northern Ireland,
the civil partnership is void if—
(a)
at the time when they do so, they are not eligible to register as civil
5
partners of each other under Chapter 1 (see section 138), or
(b)
at the time when they do so they both know—
(i)
that due notice of proposed civil partnership has not been
given,
(ii)
that the civil partnership schedule has not been duly issued,
10
(iii)
that the place of registration is a place other than that specified
in the civil partnership schedule, or
(iv)
that a registrar is not present.
174
Grounds on which civil partnership is voidable
(1)
Where two people register as civil partners of each other in Northern Ireland,
15
the civil partnership is voidable if—
(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)
20
from mental disorder of such a kind or to such an extent as to be
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
25
Act 2004 (c. 7) has, after the time of its formation, been issued to either
civil partner;
(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 175 “mental disorder” has the same meaning as in
30
the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
175
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
35
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
seek to do so, and
(b)
that it would be unjust to the respondent to make the order.
(2)
Without prejudice to subsection (1), the court must not make a nullity order by
40
virtue of section 174(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
period has been granted under subsection (3).
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Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
86

(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
(b)
considers that in all the circumstances of the case it would be just to
5
grant leave for the institution of proceedings.
(4)
An application for leave under subsection (3) may be made after the end of the
3 year period.
(5)
Without prejudice to subsection (1), the court must not make a nullity order by
virtue of section 174(1)(d) unless it is satisfied that proceedings were instituted
10
within the period of 6 months from the date of issue of the interim gender
recognition certificate.
(6)
Without prejudice to subsections (1) and (2), the court must not make a nullity
order by virtue of section 174(1)(c) or (e) unless it is satisfied that the applicant
was at the time of the formation of the civil partnership ignorant of the facts
15
alleged.
176
Proof of certain matters not necessary to validity of civil partnership
Where two people have registered as civil partners of each other in Northern
Ireland, it is not necessary in support of the civil partnership to give any
proof—
20
(a)
that any person whose consent to the civil partnership was required by
section 145 (parental etc. consent) had given his consent;
(b)
that the registrar was properly appointed under section 152;
and no evidence is to be given to prove the contrary in any proceedings
touching the validity of the civil partnership.
25
177
Validity of civil partnerships registered outside Northern Ireland
(1)
Where two people register as civil partners of each other in England or Wales,
the civil partnership is—
(a)
void, if it would be void in England and Wales under section 49, and
(b)
voidable, if the circumstances fall within any paragraph of section
30
174(1).
(2)
Where two people register as civil partners of each other in Scotland, the civil
partnership is—
(a)
void, if it would be void in Scotland under section 123, and
(b)
voidable, if the circumstances fall within section 174(1)(d).
35
(3)
Subsection (4) applies where two people register as civil partners of each other
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”).
40
(4)
The civil partnership is—
(a)
void, if—
(i)
the condition in subsection (2)(a) or (b) of the relevant section is
not met, or

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
87

(ii)
a requirement prescribed for the purposes of this paragraph by
an Order in Council under the relevant section is not complied
with, and
(b)
voidable, if—
(i)
the appropriate part of the United Kingdom is Northern Ireland
5
or England and Wales and the circumstances fall within any
paragraph of section 174(1), or
(ii)
the appropriate part of the United Kingdom is Scotland and the
circumstances fall within section 174(1)(d).
(5)
The appropriate part of the United Kingdom is the part by reference to which
10
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
alleged overseas relationship.
(7)
The civil partnership is void if—
(a)
the relationship is not an overseas relationship, or
15
(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
partnership.
(8)
The civil partnership is voidable if—
(a)
the overseas relationship is voidable under the relevant law,
20
(b)
the circumstances fall within section 174(1)(d), or
(c)
where either of the parties was domiciled in Northern Ireland or
England and Wales at the time when the overseas relationship was
registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).
(9)
Section 175 applies for the purposes of—
25
(a)
subsections (1)(b), (2)(b) and (4)(b),
(b)
subsection (8)(a), in so far as applicable in accordance with the relevant
law, and
(c)
subsection (8)(b) and (c).
(10)
In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country
30
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 174
and 175 to the formation of a civil partnership are to be read as references to
the registration of the overseas relationship.
35
Presumption of death orders
178
Presumption of death orders
(1)
The High 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.
40
(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

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
88

(b)
the applicant has no reason to believe that the other civil partner has
been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.
Separation orders
179
Separation orders
5
(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 168(5)(a),
(b), (c) or (d) exists.
(2)
On an application for a separation order the court must inquire, so far as it
reasonably can, into—
10
(a)
the facts alleged by the applicant, and
(b)
any facts alleged by the respondent,

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 168(5)(a), (b), (c) or (d) it must, subject to section 186, make a separation
15
order.
(4)
Section 169 (supplemental provisions as to facts raising presumption of
breakdown) applies for the purposes of an application for a separation order
alleging any such fact as it applies in relation to an application for a dissolution
order alleging that fact.
20
180
Effect of separation order
If either civil partner dies intestate as respects all or any of his or her real or
personal property while—
(a)
a separation order is in force, and
(b)
the separation order is continuing,
25
the property as respects which he or she died intestate devolves as if the other
civil partner had then been dead.
Declarations
181
Declarations
(1)
Any person may apply to the court for one or more of the following
30
declarations in relation to a civil partnership specified in the application—
(a)
a declaration that the civil partnership was at its inception a valid civil
partnership;
(b)
a declaration that the civil partnership subsisted on a date specified in
the application;
35
(c)
a declaration that the civil partnership did not subsist on a date so
specified;
(d)
a declaration that the validity of a dissolution, annulment or legal
separation obtained in any country outside Northern Ireland in respect
of the civil partnership is entitled to recognition in Northern Ireland;
40

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
89

(e)
a declaration that the validity of a dissolution, annulment or legal
separation so obtained in respect of the civil partnership is not entitled
to recognition in Northern Ireland.
(2)
Where an application under subsection (1) is made to the court by a person
other than a civil partner in the civil partnership to which the application
5
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.
182
General provisions as to making and effect of declarations
(1)
Where on an application for a declaration under section 181 the truth of the
10
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
public policy.
(2)
Any declaration under section 181 binds Her Majesty and all other persons.
(3)
The court, on the dismissal of an application for a declaration under section
15
181, may not make any declaration for which an application has not been
made.
(4)
No declaration which may be applied for under section 181 may be made
otherwise than under section 181 by any court.
(5)
No declaration may be made by any court, whether under section 181 or
20
otherwise, that a civil partnership was at its inception void.
(6)
Nothing in this section affects the powers of any court to annul a civil
partnership.
183
The Attorney General and proceedings for declarations
(1)
On an application for a declaration under section 181 the court may at any
25
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
Attorney General.
(2)
The Attorney General, whether or not he is sent papers in relation to an
application for a declaration under section 181, may—
30
(a)
intervene in the proceedings on that application in such manner as he
thinks necessary or expedient, and
(b)
argue before the court any question in relation to the application which
the court considers it necessary to have fully argued.
(3)
Where any costs are incurred by the Attorney General in connection with any
35
application for a declaration under section 181, the court may make such order
as it considers just as to the payment of those costs by parties to the
proceedings.
184
Supplementary provisions as to declarations
(1)
Any declaration made under section 181, and any application for such a
40
declaration, must be in the form prescribed by family proceedings rules.
(2)
Family proceedings rules may make provision—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
90

(a)
as to the information required to be given by any applicant for a
declaration under section 181;
(b)
requiring notice of an application under section 181 to be served on the
Attorney General and on persons who may be affected by any
declaration applied for.
5
(3)
No proceedings under section 181 affects any final judgment or order already
pronounced or made by any court of competent jurisdiction.
(4)
The court hearing an application under section 181 may direct that the whole
or any part of the proceedings must be heard in private.
(5)
An application for a direction under subsection (4) must be heard in private
10
unless the court otherwise directs.
(6)
Family proceedings rules must make provision for an appeal to the Court of
Appeal from any declaration made by a county court under section 181 or from
the dismissal of an application under that section, upon a point of law, a
question of fact or the admission or rejection of any evidence.
15
(7)
Subsection (6) does not affect Article 61 of the County Courts (Northern
Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).
(8)
In this section “family proceedings rules” means family proceedings rules
made under Article 12 of the Family Law (Northern Ireland) Order 1993
(S.I. 1993/1576 (N.I. 6)).
20
General provisions
185
Relief for respondent in dissolution proceedings
(1)
If in any proceedings for a dissolution or separation order the respondent
alleges and proves any such fact as is mentioned in section 168(5)(a), (b), (c) or
(d) the court may give to the respondent the relief to which he would have been
25
entitled if he had made an application seeking that relief.
(2)
When applying subsection (1), treat—
(a)
the respondent as the applicant, and
(b)
the applicant as the respondent,
for the purposes of section 168(5).
30
186
Restrictions on making orders affecting children
(1)
In any proceedings for a dissolution, nullity or separation order, the court must
consider—
(a)
whether there are any children of the family to whom this section
applies, and
35
(b)
if there are any such children, whether (in the light of the arrangements
which have been, or are proposed to be, made for their upbringing and
welfare) it should exercise any of its powers under the Children
(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to
any of them.
40
(2)
If, in any case to which this section applies, it appears to the court that—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
91

(a)
the circumstances of the case require it, or are likely to require it, to
exercise any of its powers under the 1995 Order with respect to any
such child,
(b)
it is not in a position to exercise the power or (as the case may be) those
powers without giving further consideration to the case, and
5
(c)
there are exceptional circumstances which make it desirable in the
interests of the child that the court should give a direction under this
section,

it may direct that the order is not to be made final, or (in the case of a separation
order) is not to be made, until the court orders otherwise.
10
(3)
This section applies to—
(a)
any child of the family who has not reached 16 at the date when the
court considers the case in accordance with the requirements of this
section, and
(b)
any child of the family who has reached 16 at that date and in relation
15
to whom the court directs that this section shall apply.
187
Parties to proceedings under this Chapter
(1)
Rules of court may make provision with respect to—
(a)
the joinder as parties to proceedings under sections 161 to 179 of
persons involved in allegations of improper conduct made in those
20
proceedings,
(b)
the dismissal from such proceedings of any parties so joined, and
(c)
the persons who are to be parties to proceedings on an application
under section 181.
(2)
Rules of court made under this section may make different provision for
25
different cases.
(3)
In every case in which the court considers, in the interest of a person not
already a party to the proceedings, that the person should be made a party, the
court may if it thinks fit allow the person to intervene upon such terms, if any,
as the court thinks just.
30
The court
188
The court
(1)
In this Chapter “the court” means—
(a)
the High Court, or
(b)
where an order made by the Lord Chancellor is in force designating a
35
county court sitting for any division as a civil partnership proceedings
county court, a county court sitting for that division.
(2)
Subsection (1) is subject to the following provisions of this section.
(3)
Subsection (1) does not apply where the context shows that “the court” means
some particular court.
40
(4)
The Lord Chancellor may make an order such as is mentioned in subsection
(1)(b).