Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 1 Preliminary and General

1. Short title, commencement and collective citation.

1.— (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

(2) This Act, other than Part 3, shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 3 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision.

2. Interpretation.

2.— In this Act—

“civil partnership registration” means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004;

F1["dependent child" means a child who is—

(a) under the age of 18 years, or

(b) 18 years of age or over and—

(i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

"dependent child of the civil partners", in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child—

(a) of both civil partners, or adopted by both civil partners under theAdoption Act 2010, or in relation to whom both civil partners are inloco parentis, or

(b) of either civil partner, or adopted by either civil partner under theAdoption Act 2010, or in relation to whom either civil partner is inloco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;]

“Land Registry” has the meaning assigned to it by the Registration of Title Act 1964;

“Minister” means the Minister for Justice and Law Reform;

“Property Registration Authority” has the meaning assigned to it by the Registration of Deeds and Title Act 2006;

“Registry of Deeds” has the meaning assigned to it by the Registration of Deeds and Title Act 2006.

3. Civil partners.

3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are—

(a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or

(b) parties to a legal relationship of a class that is the subject of an order made under section 5that has not been dissolved or the subject of a decree of nullity.

PART 2 Status of Civil Partnership

4. Declarations of civil partnership status.

4.— (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership:

(a) an order declaring that the civil partnership was at its inception a valid civil partnership;

(b) an order declaring that the civil partnership subsisted on a date specified in the application; and

(c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception.

(2) The court may only make an order under subsection (1) if one of the civil partners—

(a) is domiciled in the State on the date of the application,

(b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or

(c) died before the date of the application and—

(i) was at the time of death domiciled in the State, or

(ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death.

(3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify.

(4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.

(5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1).

(6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party.

(7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.

(8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner.

(9) The registrar of the court shall notify an tArd-Chláraitheoir of an order under subsection (1).

(10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity.

5. Recognition of registered foreign relationships.

5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into—

(a) the relationship is exclusive in nature,

(b) the relationship is permanent unless the parties dissolve it through the courts,

(c) the relationship has been registered under the law of that jurisdiction, and

(d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership.

F2[(1A) For the purposes ofsubsection (1), a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.

(1B)Subsection (1A)shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011.]

(2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into.

(3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26).

(4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110, and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the dissolution became effective under the law of the relevant jurisdiction.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

5A. F3[Certain registered foreign relationships

5A.—Neithersection 5, nor any order made (whether before or after the date of the commencement of this section) undersection 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement ofsection 8of the Marriage Act 2015.]

PART 3 Registration of Civil Partnership

6. Definition, Part 3.

6.— In this Part, “Act of 2004” means the Civil Registration Act 2004.

7. Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended—

(a) by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010;

‘civil partnership registration’ means registration under section 59D;

‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;

‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”,

(b) by substituting the following definition for the definition “decree of divorce”:

“‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996;”,

(c) by substituting the following definition for the definition “decree of nullity”:

“‘decree of nullity’—

(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996, and

(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”,

(d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”,

(e) in the definition of “registrar” —

(i) by inserting the following paragraph after paragraph (a):

“(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”,

(ii) in paragraph (d), by substituting “,” for “, and”, and

(iii) by substituting the following paragraphs for paragraph (e):

“(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

(2) Section 2(2) of the Act of 2004 is amended—

(a) in paragraph (d), by substituting “,” for “, or”,

(b) in paragraph (e) by substituting “sex, or” for “sex.”, and

(c) by inserting the following paragraph after paragraph (e):

“(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”.

(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):

“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if—

(a) the civil partnership would be void by virtue of the Third Schedule,

(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,

(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,

(d) one or both of the parties to the intended civil partnership does not give free and informed consent,

(e) the parties are not of the same sex, or

(f) one of the parties to the intended civil partnership is, or both are, married.”.

8. Amendment of section 8 of Act of 2004.

8.— Section 8(1) of the Act of 2004 is amended—

(a) in paragraph (b), by inserting “of marriage” after “nullity”,

(b) by inserting the following paragraphs after paragraph (b):

“(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

(bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,”,

(c) in paragraph (e), by inserting “of marriage” after “nullity”, and

(d) by inserting the following paragraphs after paragraph (e):

“(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

(eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,”.

9. Amendment of section 13 of Act of 2004.

9.— Section 13(1) of the Act of 2004 is amended—

(a) in paragraph (f), by substituting “decrees of divorce),” for “decrees of divorce), and”, and

(b) by substituting the following paragraphs for paragraph (g):

“(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

(h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

(i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and

(j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).”.

10. Amendment of section 17 of Act of 2004.

10.— Section 17 of the Act of 2004 is amended—

(a) in paragraph (1)(b), by substituting “deaths, marriages and civil partnerships” for “deaths and marriages”, and

(b) in subsection (13), by substituting “, marriages and civil partnerships” for “and marriages”.

11. Amendment of section 22 of Act of 2004.

11.— Section 22(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

12. Amendment of section 23 of Act of 2004.

12.— Section 23(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

13. Amendment of section 37 of Act of 2004.

13.— Section 37 of the Act of 2004 is amended by inserting “or civil partner” after “relative” wherever it occurs.

14. Amendment of section 46 of Act of 2004.

14.— Section 46(7) of the Act of 2004 is amended by substituting “civil status” for “marital status”.

15. Amendment of section 59 of Act of 2004.

15.— Section 59(2) of the Act of 2004 is amended by inserting “of marriage” after “nullity” wherever it appears.

16. Insertion of new Part 7A of Act of 2004.

16.— The Act of 2004 is amended by inserting the following Part after section 59:

“PART 7A

Registration of Civil Partnerships

Definitions (Part 7A).

59A.— In this Part—

‘civil partnership registration form’ means a form prescribed under section 59C;

‘register’ means the register of civil partnerships.

Notification of civil partnerships.

59B.— (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned—

(a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and

(b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership.

(2) Notwithstanding paragraph (a) of subsection (1), the Circuit Court or the High Court may, on application to it by the persons wishing to enter into a civil partnership, order that the registration be exempt from that paragraph if the Court is satisfied, after a hearing held otherwise than in public, that there are serious reasons for the exemption and that the exemption is in the interests of those persons.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended civil partnership concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the civil partnership concerned is intended to be registered is situate.

(4) A court fee shall not be charged in respect of an application under subsection (2).

(5) Except in the circumstances that may be prescribed, a notification referred to in paragraph (1)(a) shall be delivered by both of the parties to the intended civil partnership, in person, to the registrar.

(6) The notification shall be accompanied by the prescribed fee and any other documents and information that an tArd-Chláraitheoir may specify.

(7) The requirements specified in subsections (1) and (5) are declared to be substantive requirements for registering a civil partnership.

(8) When, in relation to an intended civil partnership, a registrar receives a notification under paragraph (1)(a) and any other documents or information specified under subsection (6), he or she shall, as soon as reasonably practicable, notify in writing each of the parties to the intended civil partnership and the registrar who is to register the civil partnership of the receipt.

(9) A notification under subsection (8) shall not be construed as indicating the registrar’s approval of the proposed civil partnership.

(10) The registrar may require each party to an intended civil partnership to provide him or her with the evidence relating to that party’s forename, surname, address, civil status, age and nationality that an tArd-Chláraitheoir may specify.

(11) An tArd-Chláraitheoir may, if so authorised by the Minister, publish, in the form and manner that the Minister may direct, notice of notifications of intended civil partnerships under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended civil partnership.

Civil partnership registration form.

59C.— (1) A registrar to whom a notification is given under section 59B, or who receives a copy of an exemption order under subsection (2) of that section, who is satisfied that that section has been complied with shall complete a civil partnership registration form for the intended civil partnership.

(2) Before the registration of a civil partnership, the registrar shall give a copy of the civil partnership registration form to one of the parties to the intended civil partnership.

(3) When the parties wish to register a civil partnership, one of them shall give the civil partnership registration form to the registrar who is to register the civil partnership for examination by him or her.

(4) A civil partnership registration form is valid only for a period of 6 months from the date on which it is completed. If the parties do not register the civil partnership during that period and wish to have their civil partnership registered, they shall again comply with section 59B.

(5) The Minister may prescribe the civil partnership registration form.

Civil partnership registration.

59D.— (1) The parties shall orally make the declarations referred to in subsection (3), and sign the civil partnership registration form in the presence of each other, the registrar and two witnesses professing to be 18 years or over. The declarations shall be made and the signature of the civil partnership registration form shall be in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar—

(a) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the parties is too ill to attend at a place that is open to the public, and

(b) gives approval to the registrar that signature of the form take place at another place chosen by the parties and agreed to by the registrar.

(2) The registrar shall be satisfied that the parties understand the nature of the civil partnership and the declarations specified in subsection (3).

(3) Each party to the civil partnership shall make the following declarations:

(a) a declaration that he or she does not know of any impediment to the civil partnership registration;

(b) a declaration of his or her intention to live with and support the other party; and

(c) a declaration that he or she accepts the other party as a civil partner in accordance with the law.

(4) The requirements of subsections (1) to (3) are declared to be substantive requirements for civil partnership registration.

(5) The parties may, before signing the civil partnership registration form, take part in a ceremony in a form approved by an tArd-Chláraitheoir in which the declarations are made in a place open to the public and in the presence of the registrar and the witnesses.

(6) (a) The witnesses shall sign the form after the parties to the civil partnership have done so, and the registrar shall countersign the form.

(b) The parties’ civil partnership shall be taken to be registered upon the counter-signature of the registrar.

(c) As soon as practicable after the signatures and counter-signature, the registrar shall give the parties a copy of the form referred to in paragraph (a), enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chláraitheoir may direct.

(7) Where an tArd-Chláraitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar—

(a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and

(b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chláraitheoir may direct.

(8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.

(9) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry,

(b) the registrar shall cancel the entry, and

(c) an tArd-Chláraitheoir shall notify the parties.

Places and times for registration of civil partnerships.

59E.— (1) A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar or a place referred to in section 59D(1)(b), the approval of the place by the Executive, and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify.

(2) Where a registrar registers a civil partnership at a place other than the office of a registrar, the parties shall pay to the registrar a fee in the amount that the Executive may determine.

(3) When a registrar incurs travel or subsistence expenses in connection with registering a civil partnership at a place other than his or her office, the parties shall pay to the registrar an amount in respect of the expenses, calculated by reference to a scale that the Executive may draw up.

(4) An amount payable under subsection (2) or (3) may be recovered by the registrar from the parties as a simple contract debt in any court of competent jurisdiction.

Objections.

59F.— (1) A person may, at any time before a civil partnership registration, lodge with any registrar an objection in writing that contains the grounds on which the objection is based.

(2) If the registrar who receives an objection under subsection (1) is not assigned to the same registration area as the registrar to whom the notification was given under section 59B (or, where there has been an exemption ordered under subsection (2) of that section, the registrar who is to register the civil partnership)—

(a) the receiving registrar shall refer the objection to the Superintendent Registrar of the registration area to which the other registrar is assigned,

(b) the Superintendent Registrar shall direct a registrar assigned to that area to perform the function conferred by this section on the receiving registrar,

(c) the registrar who receives the direction shall comply with it, and

(d) references in this section to the registrar who receives an objection shall be construed as references to the registrar who receives the direction and this section shall apply and have effect accordingly.

(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 59B which would not constitute an impediment to the civil partnership, the registrar shall—

(a) notify the parties to the intended civil partnership registration of the objection,

(b) make the appropriate enquiries,

(c) if the civil partnership registration form has been given to one of the parties, request its return and correct it and the notification and make any necessary corrections to any other records relating to the civil partnership, and

(d) give the corrected civil partnership registration form to one of the parties to the civil partnership.

(4) If the registrar who receives an objection under subsection (1) believes that the possibility of the existence of an impediment to the intended civil partnership registration needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—

(a) notify the parties to the intended civil partnership registration that—

(i) an objection has been lodged and the grounds on which it is based,

(ii) the objection is being investigated, and

(iii) the civil partnership registration will not proceed until the investigation is completed,

(b) if the civil partnership registration form has not been issued, suspend its issue,

(c) if the civil partnership registration form has been issued, request the party to the intended civil partnership registration to whom it was given to return it to the registrar, and

(d) notify the proposed registrar of the civil partnership, if a different registrar is intended to register the civil partnership, that an objection is being investigated, and direct him or her not to register the civil partnership until the investigation is completed.

(5) A registrar shall comply with a direction under paragraph (4)(d).

(6) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.

(7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended civil partnership exists, he or she shall advise the registrar to that effect and the registrar shall—

(a) notify the parties to the civil partnership that no impediment to the civil partnership exists,

(b) issue or re-issue the civil partnership registration form to one of those parties, and

(c) notify the person who lodged the objection that no impediment to the civil partnership exists.

(8) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended civil partnership, he or she shall advise the registrar to that effect and of the reasons for the decision and the registrar shall—

(a) notify the parties to the civil partnership—

(i) that the registration of the civil partnership will not proceed, and

(ii) of the decision of an tArd-Chláraitheoir and of the reasons for it,

and

(b) take all reasonable steps to ensure that the registration does not proceed.

(9) If, notwithstanding the steps taken by the registrar pursuant to paragraph (8)(b), the civil registration proceeds, the entry in the register is invalid and any person who becomes aware of that entry into the register shall notify an tArd-Chláraitheoir of it.

(10) When an tArd-Chláraitheoir becomes aware of an entry referred to in subsection (9)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties and the registrar who made the entry of the direction, and

(b) the registrar shall comply with the direction and cancel the entry and ensure that the cancelled entry is retained in the register.

(11) A party to a proposed civil partnership may appeal to the Circuit Court against the decision of an tArd-Chláraitheoir under subsection (8) in relation to the civil partnership.

(12) The jurisdiction conferred on the Circuit Court by subsection (11) may be exercised by a judge of the circuit in which either of the parties to the intended civil partnership ordinarily resides or carries on any profession, business or occupation or the place at which civil partnership concerned had been intended to be registered is situate.

(13) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate or complete his or her investigation of the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.

(14) An objection on the ground that the civil partnership would be void by virtue of the incapacity of one or both of the parties to give informed consent shall be accompanied by a certificate supporting the objection made by a registered medical practitioner.

Where interpretation required.

59G.— If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall—

(a) before the parties make the declarations, sign, in the presence of the registrar, a statement to the effect that the interpreter understands and is able to converse in the language in respect of which he or she is to act as interpreter and give the statement to the registrar, and

(b) immediately after those declarations are made, give the registrar a signed certificate written in the language of the registration, to the effect that the interpreter has faithfully acted as interpreter.

Effect of registration.

59H.— The parties to a registered civil partnership shall be taken to be civil partners of each other as soon as the registrar has countersigned the civil partnership form as required by section 59D(6)(a), regardless of whether the registrar has performed the actions required of him or her under section 59D(6)(c), and all duties and benefits that accrue to civil partners under the Act of 2010 or any other law accrue to them.

Effect of this Part.

59I.— This Part shall have effect notwithstanding any statutory provision that conflicts with it.”.

17. Insertion of new Part 7B of Act of 2004.

17.— The Act of 2004 is amended by inserting the following Part before section 60:

“PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership

Registration of decrees of dissolution and decrees of nullity of civil partnership.

59J.— (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.

(2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule.

(3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2).

(4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).

(5) This section has effect notwithstanding any statutory provision that conflicts with it.”.

18. Amendment of section 60 of Act of 2004.

18.— Section 60(1) of the Act of 2004 is amended—

(a) in paragraph (a), by substituting “death, marriage or civil partnership” for “death or marriage”, and

(b) by inserting “, the parties to the civil partnership” before “or the person”.

19. Amendment of section 64 of Act of 2004.

19.— Section 64 of the Act of 2004 is amended by inserting the following subsections after subsection (7):

“(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and

(b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.

(9) The classes referred to in subsection (8) are:

(a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) of that section); and

(b) a civil partnership to which there was an impediment within the meaning of section 2(2A).”.

20. Amendment of section 65 of Act of 2004.

20.— Section 65(1)(a) of the Act of 2004 is amended by substituting “death, marriage or civil partnership”, for “death or marriage”.

21. Amendment of section 66 of Act of 2004.

21.— Section 66(1) of the Act of 2004 is amended by substituting “marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership” for “marriages, decrees of divorce, or decrees of nullity”.

22. Amendment of section 69 of Act of 2004.

22.— Section 69 of the Act of 2004 is amended—

(a) in subsection (4), by inserting “, civil partnership” after “marriage”,

(b) by inserting the following subsection after subsection (9):

“(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.”,

(c) in subsection (10)—

(i) by inserting the following paragraph after paragraph (f):

“(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section),”,

(ii) by inserting in paragraph (h) “or 59F” after “58”,

(iii) by inserting in paragraph (i) “, or 59B(1)(b)” after “46(1)(b)”,

(iv) by substituting in paragraph (i), “false or misleading,” for “false or misleading, or”,

(v) by substituting in paragraph (j) “form, or” for “form,”, and

(vi) by inserting the following paragraph after paragraph (j):

“(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,”.

23. Amendment of section 70 of Act of 2004.

23.— Section 70(2) of the Act of 2004 is amended by substituting “(9), (9A),” for “(9),”.

24. Amendment of section 73 of Act of 2004.

24.— Section 73 of the Act of 2004 is amended—

(a) in subsection (1)—

(i) by inserting the following paragraph after paragraph (d):

“(dd) civil partnerships,”;

(ii) by inserting “of marriage” after “nullity” in paragraph (f);

(iii) by inserting the following paragraphs after paragraph (f):

“(ff) decrees of dissolution,

(fff) decrees of nullity of civil partnership,”,

(b) in paragraph (3)(a), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity” wherever it appears, and

(c) in subsection (7), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity”.

25. Amendment of First Schedule to Act of 2004.

25.— The First Schedule to the Act of 2004 is amended—

(a) by substituting “civil status” for “marital status” wherever it appears,

(b) in Part 5, by substituting “If deceased was married or a civil partner, the profession or occupation of spouse or civil partner.” for “If deceased was married, the profession or occupation of spouse.”,

(c) by inserting the following Part after Part 6:

“PART 6A

Section 59J.

Particulars to be Entered in Register of Dissolutions

Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Date of the decree.

Date of registration of the decree.

Forenames and surname of officer of Courts Service.”,

(d) by inserting “of Marriage” at the end of the title to Part 7, and

(e) by inserting the following Part after Part 7:

“PART 7A

Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership

Section 59J.

Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Declaration of court.

Date of the decree.

Date of registration.

Forenames and surname of officer of Courts Service.”.

26. New Third Schedule to Act of 2004.

26.— The Act of 2004 is amended by inserting the following Schedule after the Second Schedule:

“THIRD SCHEDULE

Prohibited Degrees of Relationship

Section 2.

A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption.

”.

PART 4 Shared Home Protection

27. Interpretation.

27.— In this Part—

“conduct” includes an act and a default or other omission;

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances;

“dwelling” means a building or part of a building occupied as a separate dwelling and includes—

(a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes,

(b) a structure that is not permanently attached to the ground, and

(c) a vehicle or vessel, whether mobile or not, occupied as a separate dwelling;

“interest” means any estate, right, title or other interest, legal or equitable;

“mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage;

“rent” includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home;

“shared home” means—

(a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and

(b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving.

28. Alienation of interest in shared home.

28.— (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3),and (8)to (14) and section 29, the purported conveyance is void.

(2) Subsection (1) does not apply to a conveyance if it is made by a civil partner in pursuance of an enforceable agreement made before the civil partners’ registration of their civil partnership.

(3) A conveyance is not void by reason only of subsection (1) if—

(a) it is made to a purchaser for full value,

(b) it is made by a person other than the civil partner to a purchaser for value, or

(c) its validity depends on the validity of a conveyance in respect of which a condition mentioned in subsection (2) or paragraph (a)or (b) is satisfied.

(4) If any question arises in any proceedings as to whether a conveyance is valid by reason of subsection (2)or (3), the burden of proving the validity is on the person alleging it.

(5) In subsection (3), “full value” means value that amounts or approximates to the value of that for which it is given.

(6) In this section, “purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property.

(7) For the purposes of this section, section 3 of the Conveyancing Act 1882 shall be read as if the words “as such” wherever they appear in paragraph (ii) of subsection (1) of that section were omitted.

(8) Subject to subsection (9), proceedings may only be instituted to have a conveyance declared void by reason only of subsection (1) if they are instituted before the expiration of 6 years from the date of the conveyance.

(9) Proceedings referred to in subsection (8) may be instituted by a civil partner who was in actual occupation of the shared home during the whole period that begins with the date of the conveyance and ends immediately before the institution of the proceedings, even if 6 years have expired from the date of the conveyance.

(10) Subsection (8) is without prejudice to the rights of civil partners to seek redress for contraventions of subsection (1) otherwise than by proceedings referred to in that subsection.

(11) A conveyance is deemed not to be and never to have been void by reason of subsection (1) unless—

(a) it has been declared void by a court by reason of subsection (1) in proceedings instituted in accordance with subsection (8) on or after the date on which this section commences, or

(b) subject to the rights of any other person concerned, it is void by reason of subsection (1) and the parties to the conveyance or their successors in title so state in writing before the expiration of 6 years from the date of the conveyance.

(12) A copy of a statement made for the purpose of paragraph (b)of subsection (11) and certified by the parties concerned or their successors in title to be a true copy shall, before the expiration of the 6 years referred to in that paragraph, be lodged by the parties or their successors with the Property Registration Authority for registration in the Land Registry or Registry of Deeds as appropriate.

(13) A person who institutes proceedings to have a conveyance declared void by reason of subsection (1) shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Judgements (Ireland) Act 1844 in any form that the rules of court may provide.

(14) A general consent given in writing by a civil partner, after the commencement of this section, to any future conveyance of any interest in a shared home or a former shared home is deemed, for the purposes of subsection (1), to be a prior consent in writing if the deed for the conveyance is executed after the date of the consent.

29. Consent of civil partner.

29.— (1) Where the civil partner whose consent is required under section 28 omits or refuses to consent, the court may, subject to this section, dispense with the consent.

(2) The court shall not dispense with the consent unless the court considers that it is unreasonable for the civil partner to withhold consent, taking into account all the circumstances, including—

F4[(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and]

(b) in a case where the civil partner whose consent is required is offered alternative accommodation, the suitability of that accommodation having regard to the respective degrees of security of tenure in the shared home and the alternative accommodation.

(3) The court shall dispense with the consent of a civil partner whose consent is required if—

(a) the civil partner cannot be found after reasonable inquiries, and

(b) the court is of the opinion that it would be reasonable to do so.

(4) The court may give the consent on behalf of a civil partner whose consent is required if—

(a) a consultant psychiatrist, within the meaning of the Mental Health Act 2001, certifies that the civil partner is incapable of giving consent, and

(b) the court is of the opinion that it would be reasonable to do so.

30. Conduct leading to loss of shared home.

30.— (1) Where it appears to the court, on the application of a civil partner, that the other civil partner is engaging in conduct that might lead to the loss of any interest in the shared home or might render it unsuitable for habitation as a shared home, with the intention of F5[depriving the applicant or a dependent child of the civil partners of his or her residence] in the shared home, the court may make any order that it considers proper, directed to the other civil partner or to any other person, for the protection of the shared home F5[in the interest of the applicant or such child].

(2) Where it appears to the court, on the application of a civil partner, that the other civil partner has F5[deprived the applicant or a dependent child of the civil partners of his or her residence] in the shared home by conduct that resulted in the loss of any interest in it or rendered it unsuitable for habitation as a shared home, the court may order the other civil partner or any other person to pay to the applicant the amount that the court considers proper F5[to compensate the applicant or such child] for their loss or make any other order directed to the other civil partner or to any other person that may appear to the court to be just and equitable.

31. Payment of outgoings on shared home.

31.— (1) Any payment or tender made or any other thing done by one civil partner in or towards satisfaction of any liability of the other civil partner in respect of rent, mortgage payments or other outgoings affecting the shared home shall be as good as if made or done by the other civil partner, and shall be treated by the person to whom the payment is made or the thing is done as though it were made or done by the other civil partner.

(2) Nothing in subsection (1)affects any claim by the first-mentioned civil partner against the other to an interest in the shared home by virtue of the payment made or thing done.

32. Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.

32.— (1) The court may adjourn proceedings in an action brought by a mortgagee or lessor in relation to non-payment against a civil partner and claiming possession or sale of the shared home if it appears to the court that—

(a) the other civil partner is capable of paying to the mortgagee or lessor the arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease) of money due under the mortgage or lease within a reasonable time, and future periodical payments falling due under the mortgage or lease, and that the other civil partner desires to pay the arrears and periodical payments, and

(b) it would be just and equitable to do so, in all the circumstances and having regard to the interests of the mortgagee or lessor, the respective interests of the civil partners and the terms of the mortgage or lease.

(2) In considering whether to adjourn the proceedings under this section, and if so, for what period and on what terms, the court shall have regard in particular to whether the other civil partner has been informed, by or on behalf of the mortgagee or lessor or otherwise, of the non-payment of any of the sums in question.

33. Modification of terms of mortgage or lease as to payment of capital sum.

33.— The court may by order declare, on application by a civil partner, that a term of a mortgage or lease by virtue of which a sum is due, other than periodical payments due under the mortgage or lease, is of no effect for the purpose of proceedings under section 32, if, after the proceedings have been adjourned under that section it appears to the court that—

(a) all arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease or money due under the mortgage or lease) and periodical payments due as of the date of the order have been paid off, and

(b) the periodical payments subsequently falling due will continue to be paid.

34. Restriction on disposal of household chattels.

34.— (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship if the household chattels were disposed of or removed.

(2) Where proceedings for the dissolution of a civil partnership have been instituted by a civil partner, neither civil partner shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the shared home until the proceedings have been finally determined, unless—

(a) the other civil partner has consented to the disposition or removal, or

(b) the court before which the proceedings have been instituted, on application by the civil partner who desires to make the disposition or removal, permits the civil partner to do so, with or without conditions.

(3) Without prejudice to any other civil or criminal liability, a civil partner who contravenes subsection (2) commits an offence and is liable on summary conviction to F7[a class D fine] or to imprisonment for a term not exceeding 6 months or to both.

(4) The court may order, on the application of a civil partner, that the other civil partner provide household chattels or a sum of money to the applicant, so as to F6[place the applicant or a dependent child of the civil partners] as nearly as possible in the position that prevailed before—

(a) the other civil partner contravened an order under subsection (1) or (2), or

(b) the other civil partner sold, leased, pledged, charged or otherwise disposed of or removed the number or proportion of the household chattels in the shared home that made or is likely to F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship.

(5) In proceedings under this section, the court may make an order that appears to it to be proper in the circumstances, directed to a third person who has been informed in writing by a civil partner before the proceedings were taken, with respect to a proposed disposition to the third person by the other civil partner.

(6) For the purposes of this section, “household chattels” means personal property ordinarily used in a household and includes garden effects and domestic animals, but does not include money or any chattels used by either civil partner for business or professional purposes.

35. Joinder of parties.

35.— In any proceedings under or referred to in this Part, each of the civil partners as well as any third person who has or may have an interest in the proceedings may be joined—

(a) by service of a third-party notice by an existing party to the proceedings, or

(b) by direction of the court.

36. Registration of notice of existence of civil partnership.

36.— (1) A civil partner may lodge with the Property Registration Authority a notice stating that he or she is the civil partner of a person having an interest in property or land.

(2) A notice under subsection (1) shall be registered in the Registry of Deeds or Land Registry, as appropriate.

(3) No stamp duty or fee shall be payable in respect of any such notice.

(4) The fact that notice of a civil partnership has not been registered under subsection (1) shall not give rise to any inference as to the non-existence of a civil partnership.

37. Restriction of section 59(2) of Registration of Title Act 1964.

37.— Section 59(2) of the Registration of Title Act 1964 (which refers to noting upon the register provisions of any enactment restricting dealings in land) does not apply to this Part.

38. Creation of joint tenancy in shared home exempt from fees.

38.— No land registration fee, Registry of Deeds fee or court fee shall be payable on any transaction creating a joint tenancy between civil partners in respect of a shared home where the home was immediately prior to such transaction owned by either civil partner or by both civil partners otherwise than as joint tenants.

39. Offences.

39.— (1) A person commits an offence if he or she—

(a) has an interest in premises,

(b) is required in writing by or on behalf of a person proposing to acquire the interest to give information necessary to establish if the conveyance of that interest requires a consent under section 28 (1), and

(c) knowingly gives information that is false or misleading in any material particular.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to F8[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

40. Protection of certain tenancies.

40.— The Residential Tenancies Act 2004 is amended—

(a) in section 3(2)(h) and section 35(4) by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears, and

(b) in section 39(3)(a)(i), by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

41. Protection of certain tenancies.

41.— (1) In this section, “Act of 1982” means the Housing (Private Rented Dwellings) Act 1982.

(2) Section 9 of the Act of 1982 is amended in subsection (2) by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

(3) Section 16(1) of the Act of 1982 is amended by inserting “or of the tenant or the tenant’s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “dwelling” where it lastly occurs.

(4) Section 22 of the Act of 1982 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

42. Amendment of Civil Legal Aid Act 1995.

42.— Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended by substituting “or proceedings arising out of a dispute between spouses as to the title to or possession of any property, proceedings under Part 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or proceedings arising out of a dispute between civil partners within the meaning of that Act as to the title to or possession of any property;” for “or proceedings arising out of a dispute between spouses as to the title to or possession of any property;”.

PART 5 Maintenance of Civil Partner

43. Interpretation.

43.— (1) In this Part—

“antecedent order” means—

(a) a maintenance order,

(b) a variation order,

(c) an interim order,

(d) an order under section 48 insofar as it is deemed under that section to be a maintenance order, or

(e) an order for maintenance pending suit under section 116 or a periodical payments order or secured periodical payments order under Part 12;

“attachment of earnings order” means an order under section 53;

“desertion” includes conduct on the part of one civil partner that results in the other civil partner, with just cause, leaving and living separately and apart from the first civil partner;

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“interim order” means an order under section 47;

“maintenance creditor”, in relation to an order under this Part, or to proceedings arising out of the order, F9[means the person who] applied for the order;

“maintenance debtor” means a person who is required by an order referred to in any of paragraphs (a) to (e) of the definition “antecedent order” to make payments;

“maintenance order” means an order under section 45;

“normal deduction rate” and “protected earnings rate” have the meanings respectively assigned to them in section 53;

“variation order” means an order under section 46 varying a maintenance order.

(2) Subject to section 59, the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.

(3) References in this Part to a District Court clerk include references to his or her successor in the office of District Court clerk and to any person acting on his or her behalf.

44. Commencement of periodical payments.

44.— A periodical payment under an order under this Part shall commence on the date that is specified in the order, which may be before or after the date on which the order is made but not earlier than the date of the application for the order.

45. Maintenance order.

45.— F10[(1) (a) Subject tosubsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.

(b) Subject tosubsection (3), where a civil partner—

(i) is dead,

(ii) has deserted, or has been deserted by, the other civil partner, or

(iii) is living separately and apart from the other civil partner,

and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper.

(c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.]

(2) The court shall not make a maintenance order for the support of an applicant where he or she has deserted and continues to desert the other civil partner unless, having regard to all the circumstances, including the conduct of the other civil partner, the court is of the opinion that it would be unjust in all the circumstances not to make a maintenance order.

F10[(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including—

(a) the income, earning capacity, property and other financial resources of—

(i) the civil partners and any dependent child of the civil partners, and

(ii) any other dependent child of which either civil partner is a parent,

including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,

(b) the financial and other responsibilities of—

(i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention,

(ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and

(iii) each civil partner towards any former spouse or civil partner,

and

(c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.]

46. Discharge, variation and termination of maintenance order.

46.— (1) The court may discharge a maintenance order at any time after one year from the time it is made, on the application of F11[the person for whose support it provides], where it appears to the court that, having regard to the maintenance debtor’s record of payments pursuant to the order and to the other circumstances of the case, F11[the person for whose support it provides] will not be prejudiced by the discharge.

(2) The court may discharge or vary a maintenance order at any time, on the application of either party, if it thinks it proper to do so having regard to any circumstances not existing when the order was made (including the conduct of each of the civil partners, if that conduct is conduct that the court believes is conduct that it would in all the circumstances be unjust to disregard), or, if it has been varied, when it was last varied, or to any evidence not available to that party when the maintenance order was made or, if it has been varied, when it was last varied.

(3) Notwithstanding subsections (1)and (2), the court shall, on application to it, discharge the part of a maintenance order that provides for the support of a maintenance creditor where it appears to it that the maintenance creditor has deserted and continues to desert the maintenance debtor unless, having regard to all the circumstances (including the conduct of the maintenance debtor) the court is of the opinion that it would be unjust to do so.

F12[(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it undersubsection (1)or(2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

(5) Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.]

47. Interim order.

47.— On an application to the court for a maintenance order, the court, before deciding whether to make or refuse to make the order, may make an order for the payment to the applicant by the maintenance debtor, for a definite period specified in the order or until the application is adjudicated upon by the court, of a periodical sum that, in the opinion of the court, is proper, if it appears to the court proper to do so having regard to F13[the needs of the persons for whose support the maintenance order is sought and the other circumstances] of the case.

48. Orders in respect of certain agreements between civil partners.

48.— (1) On application by one or both of the civil partners, the court may make an order under this section if it is satisfied that to do so would adequately protect F14[the interests of the civil partners and any dependent child of the civil partners].

(2) An order under this section may make a rule of court a provision in an agreement in writing entered into by the civil partners—

(a) by which one civil partner undertakes to make periodical payments towards the maintenance of F14[the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners], or

(b) governing the rights and liabilities of the civil partners towards one another in respect of the making or securing of payments (other than payments referred to in paragraph (a)) or the disposition or use of any property.

(3) An order under subsection (2)(a) is deemed to be a maintenance order for the purposes of F14[sections 50and51,Part 6andsection 140].

49. Preservation of pension entitlements.

49.— (1) On application to it by either of the civil partners in an application under section 48, the court may make an order directing the trustees of a pension scheme of which either or both of the civil partners are members not to regard the separation of the civil partners as a ground for disqualifying either of them for the receipt of a benefit under the scheme that would normally require that the civil partners be residing together at the time when the benefit becomes payable.

(2) The applicant shall give notice of an application under subsection (1) to the trustees of the pension scheme and, in deciding whether to make an order under subsection (1), the court shall have regard to any order made, or proposed to be made, by it in relation to the application by the civil partner or civil partners under section 48 and any representations made by those trustees in relation to the matter.

(3) The court may determine the manner in which the costs incurred by the trustees under subsection (2) or in complying with an order under subsection (1) are to be borne, including by either of the civil partners or by both of them in the proportions that the court may determine.

(4) In this section, “pension scheme” has the meaning assigned to it by section 109.

50. Transmission of payments through District Court clerk.

50.— (1) Where the court makes a maintenance order, a variation order or an interim order, the court shall—

(a) direct that payments under the order be made to the District Court clerk, unless the maintenance creditor requests the court not to do so and the court considers that it would be proper not to do so, and

(b) in a case in which the court has not given a direction under paragraph (a), direct, at any time after making the order and on the application of the maintenance creditor, that the payments be made to the District Court clerk.

(2) Where payments to the District Court clerk under this section are in arrear, the District Court clerk shall, if the maintenance creditor so requests in writing, take the steps that he or she considers reasonable in the circumstances to recover the sums in arrear whether by proceedings for an attachment of earnings order or otherwise.

(3) The court, on the application of the maintenance debtor and having afforded the maintenance creditor an opportunity to oppose the application, may discharge a direction under subsection (1), if satisfied that, having regard to the record of the payments made to the District Court clerk and all the other circumstances, it would be proper to do so.

(4) The District Court clerk shall transmit any payments made by virtue of this section to the maintenance creditor.

(5) Nothing in this section affects any right of a person to take proceedings in his or her own name for the recovery of a sum payable, but not paid, to the District Court clerk by virtue of this section.

(6) References in this section to the District Court clerk are references to the District Court clerk in the District Court district that may be determined from time to time by the court concerned.

51. Lump sum maintenance orders.

51.— (1) The court may, F16[on making a maintenance order or a variation order], order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order.

(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a maintenance creditor under an order under this section shall be—

(a) if the order is instead of an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

F17[(2A) Where the court makes an order undersubsection (1)that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.]

(3) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed F18[€15,000].

52. Secured orders.

52.— The court may, F20[on making a maintenance order or a variation order] or at any time after making such an order, on application to it by any person having an interest in the proceedings, order the maintenance debtor concerned to secure it to the maintenance creditor concerned.

52A. F21[Failure to make payments to be contempt of court

52A.—(1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.

(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.

(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.

(4) A summons referred to insubsection (3)shall—

(a) be issued by the District Court clerk concerned,

(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,

(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and

(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.

(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.

(6) A maintenance debtor arrested pursuant to a warrant issued undersubsection (5)shall be brought as soon as practicable before the District Court.

(7) Where a maintenance debtor is arrested and brought before the District Court undersubsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—

(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,

(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and

(c) that he or she is entitled to apply for legal advice and legal aid under theCivil Legal Aid Act 1995.

(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—

(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and

(b) unless the maintenance debtor has already been so informed undersubsection (7), that he or she is entitled to apply for legal advice and legal aid under theCivil Legal Aid Act 1995.

(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to insubsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—

(a) that the failure to make the payment concerned is due to—

(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(ii) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—

(I) to enable the outstanding payment to be made, or

(II) to enable an application to be made for an attachment of earnings order undersection 53,

(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.

(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to insubsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(b) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.

(11) Where a maintenance debtor to whomsubsection (7)applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.

(12) In this section "financial circumstances" means, in relation to a person—

(a) the amount of the person’s annual income,

(b) the aggregate value of all property (real and personal) belonging to the person,

(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

(e) such other circumstances as the court considers appropriate.

(13) This section does not apply unless the antecedent order concerned was actually made by the District Court.]

52B. F23[Certificate of outstanding payments

52B.—Where, pursuant tosection 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.]

PART 6 Attachment of Earnings

53. Attachment of earnings order.

53.— (1) For the purposes of this Part—

“attachment of earnings order” means an order directing that an employer deduct from the maintenance debtor’s earnings, at the times specified in the order, periodical deductions of the appropriate amounts specified in the order, having regard to the normal deduction rate and the protected earnings rate;

“court” means—

(a) the High Court, in respect of an application under this Part made by a person on whose application the High Court has made an antecedent order,

(b) the relevant Circuit Court, in respect of an application under this Part made by a person on whose application that court has made an antecedent order, and

(c) the District Court, in respect of an application under this Part made by—

(i) a person on whose application the District Court has made an antecedent order, or

(ii) a District Court clerk to whom payments are required to be made under an antecedent order;

“employer” includes a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits;

“normal deduction rate” means the rate at which the court considers it reasonable that the earnings to which the attachment of earnings order relates should be applied in satisfying the antecedent order, not exceeding the rate that appears to the court to be necessary for—

(a) securing payment of the sums falling due from time to time under the antecedent order, and

(b) securing payment within a reasonable period of any sums already due and unpaid under the antecedent order and any costs incurred in proceedings relating to the antecedent order payable by the maintenance debtor;

“protected earnings rate” means the rate below which, having regard to the needs of the maintenance debtor, the court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order.

(2) The court may, on application to it on that behalf, make an attachment of earnings order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid and that the order is desirable to secure payments under an antecedent order and any amendments, variations and affirmations of it.

(3) The court that makes an antecedent order, or an order that makes, varies or affirms on appeal an antecedent order, shall make an attachment of earnings order in the same proceedings if it is satisfied of the things mentioned in subsection (2).

(4) A person to whom an attachment of earnings order is directed shall pay the amounts ordered to be deducted—

(a) in the case of a relevant antecedent order that is an enforceable maintenance order, to the District Court clerk specified in the order for transmission to the maintenance creditor, and

(b) in any other case, as specified in the order, to the maintenance creditor or to the District Court clerk specified in the order for transmission to the maintenance creditor.

(5) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor an opportunity to make representations, and shall have regard to any representations made, relating to whether the maintenance debtor—

(a) is a person to whom earnings fall to be paid, and

(b) would make the payments to which the relevant order relates.

(6) The court shall include in an attachment of earnings order the particulars required so that the person to whom the order is directed may identify the maintenance debtor.

(7) Payments under an attachment of earnings order are in lieu of payments of the like amount under the antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the antecedent order.

54. Compliance with attachment of earnings order.

54.— (1) The court registrar or court clerk specified in the attachment of earnings order shall cause the order to be served on the person to whom it is directed and on any person who subsequently becomes the maintenance debtor’s employer and of whom the registrar or clerk becomes aware.

(2) The service may be effected by leaving the order or a copy of it at the person’s residence or place of business in the State, or by sending the order or a copy of it, by registered prepaid post, to that residence or place of business.

(3) A person to whom an attachment of earnings order is directed shall comply with it if it is served on him or her but is not liable for non-compliance before 10 days have elapsed since the service.

(4) If a person to whom an attachment of earnings order is directed is not the maintenance debtor’s employer or ceases to be the maintenance debtor’s employer, the person shall, within 10 days from the date of service or the date of cesser, give notice of that fact to the court.

(5) The person shall give to the maintenance debtor a statement in writing of the total amount of every deduction made from a maintenance debtor’s earnings in compliance with an attachment of earnings order.

55. Application of sums received by District Court clerk.

55.— Payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by the clerk to the maintenance creditor, be deemed to be payments made by the maintenance debtor so as to discharge—

(a) firstly, any sums payable under the antecedent order, and

(b) secondly, any costs in proceedings relating to the antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.

56. Statement as to earnings.

56.— (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order—

(a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying—

(i) the name and address of every employer of the maintenance debtor,

(ii) particulars as to the maintenance debtor’s earnings and expected earnings, and resources and needs, and

(iii) particulars for enabling the employers to identify the maintenance debtor,

(b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the maintenance debtor’s earnings and expected earnings.

(2) Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that the maintenance debtor give to the court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1)(a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.