Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

(b) there are special circumstances which justify the making of an order under this sub-paragraph,

the court may by order revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

(3) Any order revived under this paragraph may be varied or revoked under paragraphs 30 to 34 in the same way as it could have been varied or revoked had it continued in being.

Variation of instalments of lump sum

41

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Supplementary provisions with respect to variation and revocation of orders

42

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Part 7 — Arrears and repayments

Enforcement etc. of orders for payment of money

43

Section 32 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) applies in relation to orders under this Schedule as it applies in relation to orders under Part 1 of that Act.

Orders for repayment after cessation of order because of subsequent civil partnership etc.

44

(1) Sub-paragraphs (3) and (4) apply if—

(a) an order made under paragraph 2(1)(a) or Part 2 or 3 has, under paragraph 26(2), ceased to have effect because of the formation of a subsequent civil partnership or marriage by the party (“R”) in whose favour it was made, and

(b) the person liable to make payments under the order (“P”) made payments in accordance with it in respect of a relevant period in the mistaken belief that the order was still subsisting.

(2) “Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage.

(3) No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P’s personal representatives) against R (or R’s personal representatives).

(4) But on an application made under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives) the family court —

(a) may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the relevant period, or

(b) if it appears to the court that it would be unjust to make that order, may—

(i) order the respondent to pay to the applicant such lesser sum as it thinks fit, or

(ii) dismiss the application.

(5) An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.

(6) An application under this paragraph—

(a) may (but need not) be made in proceedings ... for leave to enforce, or the enforcement of, the payment of arrears under an order made under paragraph 2(1)(a) or Part 2 or 3, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Subject to sub-paragraph (9)—

(a) an officer of the family court is not liable for any act done by him, in pursuance of an order under paragraph 2(1)(a), or Part 2 or 3, requiring payments to be made to the court or an officer of the court, after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, and

(b) the collecting officer under an attachment of earnings order made to secure payments under an order under paragraph 2(1)(a), or Part 2 or 3, is not liable for any act done by him, after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with.

(9) Sub-paragraph (8) applies if (but only if) the act—

(a) was one which he would have been under a duty to do had the order under paragraph 2(1)(a) or Part 2 or 3 not ceased to have effect, and

(b) was done before notice in writing of the formation of the subsequent civil partnership or marriage was given to him by or on behalf of—

(i) the person entitled to payments under the order,

(ii) the person liable to make payments under it, or

(iii) the personal representatives of either of them.

(10) In this paragraph “collecting officer”, in relation to an attachment of earnings order, means—

(a) the officer of the High Court, or

(b) the officer designated by the Lord Chancellor,

to whom a person makes payments in compliance with the order.

Part 8 — Supplementary

Restrictions on making of orders under this Schedule: welfare of children

45

If—

(a) an application is made by a civil partner for an order under Part 1, 2 or 3, and

(b) there is a child of the family who is under 18,

the court must not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 (c. 41) with respect to the child.

Constitution of courts, powers of High Court and county court in relation to orders and appeals

46

The following provisions of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) apply in relation to an order under this Schedule relating to a civil partnership as they apply in relation to an order under Part 1 of that Act relating to a marriage—

(a) section 28 (powers of the High Court and the family court in relation to certain orders),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to jurisdiction and procedure

47

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any jurisdiction conferred on the family court by this Schedule is exercisable even if any party to the proceedings is not domiciled in England and Wales.

(3) The Lord Chancellor may make a determination for the purposes of sub-paragraph (1) only with the concurrence of the Lord Chief Justice.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “child of the family”

48

In this Schedule “child of the family”, in relation to two people who are civil partners of each other, means—

(a) a child of both of them, and

(b) any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both the civil partners as a child of their family.

SCHEDULE 7

Part 1 — Financial relief

Part applies where civil partnership has been dissolved etc. overseas

1

(1) This Part of this Schedule applies where—

(a) a civil partnership has been dissolved or annulled, or the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country, and

(b) the dissolution, annulment or legal separation is entitled to be recognised as valid in England and Wales.

(2) This Part of this Schedule applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which the Part comes into force.

(3) In this Schedule “overseas country” means a country or territory outside the British Islands.

(4) In this Part of this Schedule “child of the family” means—

(a) a child of both of the civil partners, and

(b) any other child, other than a child placed with them as foster parents or by a local authority or voluntary organisation, who has been treated by both the civil partners as a child of their family.

Either civil partner may make application for financial relief

2

(1) Either of the civil partners may make an application to the court for an order under paragraph 9 or 13.

(2) The rights conferred by sub-paragraph (1) are subject to—

(a) paragraph 3 (civil partner may not apply after forming subsequent civil partnership etc.), and

(b) paragraph 4 (application may not be made until leave to make it has been granted).

(3) An application for an order under paragraph 9 or 13 must be made in a manner prescribed by rules of court.

No application after formation of subsequent civil partnership or marriage

3

(1) If—

(a) the civil partnership has been dissolved or annulled, and

(b) after the dissolution or annulment, one of the civil partners forms a subsequent civil partnership or marriage,

that civil partner shall not be entitled to make, in relation to the civil partnership, an application for an order under paragraph 9 or 13.

(2) The reference in sub-paragraph (1) to the forming of a subsequent civil partnership or marriage includes a reference to the forming of a civil partnership or marriage which is by law void or voidable.

Leave of court required for making of application

4

(1) No application for an order under paragraph 9 or 13 shall be made unless the leave of the court has been obtained in accordance with rules of court.

(2) The court shall not grant leave under this paragraph unless it considers that there is substantial ground for the making of an application for such an order.

(3) The court may grant leave under this paragraph notwithstanding that an order has been made by a court in a country outside England and Wales requiring the other civil partner to make any payment, or transfer any property, to the applicant or to a child of the family.

(4) Leave under this paragraph may be granted subject to such conditions as the court thinks fit.

Interim orders for maintenance

5

(1) Where—

(a) leave is granted under paragraph 4, and

(b) it appears to the court that the civil partner who applied for leave, or any child of the family, is in immediate need of financial assistance,

the court may, subject to sub-paragraph (4), make an interim order for maintenance.

(2) An interim order for maintenance is one requiring the other civil partner to make—

(a) to the applicant, or

(b) to the child,

such periodical payments as the court thinks reasonable for such term as the court thinks reasonable.

(3) The term must be one—

(a) beginning not earlier than the date of the grant of leave, and

(b) ending with the date of the determination of the application made under the leave.

(4) If it appears to the court that the court will, in the event of an application being made under the leave, have jurisdiction to entertain the application only under paragraph 7(4), the court shall not make an interim order under this paragraph.

(5) An interim order under this paragraph may be made subject to such conditions as the court thinks fit.

Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13

6

Paragraphs 7 and 8 apply where—

(a) one of the civil partners has been granted leave under paragraph 4, and

(b) acting under the leave, that civil partner makes an application for an order under paragraph 9 or 13.

Jurisdiction of the court

7

(1) Subject to sub-paragraph (6), the court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied.

(2) The first requirement is that either of the civil partners—

(a) was domiciled in England and Wales on the date when the leave was applied for, or

(b) was domiciled in England and Wales on the date when the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

(3) The second is that either of the civil partners—

(a) was habitually resident in England and Wales throughout the period of one year ending with the date when the leave was applied for, or

(b) was habitually resident in England and Wales throughout the period of one year ending with the date on which the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

(4) The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in England or Wales which was at some time during the civil partnership a civil partnership home of the civil partners.

(5) In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.

(6) If an application or part of an application relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.

(7) In sub-paragraph (6) “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.

Duty of the court to consider whether England and Wales is appropriate venue for application

8

(1) Before deciding the application, the court must consider whether in all the circumstances of the case it would be appropriate for an order of the kind applied for to be made by a court in England and Wales.

(2) ... if the court is not satisfied that it would be appropriate, the court shall dismiss the application.

(3) The court must, in particular, have regard to the following matters—

(a) the connection which the civil partners have with England and Wales;

(b) the connection which the civil partners have with the country in which the civil partnership was dissolved or annulled or in which they were legally separated;

(d) any financial benefit which, in consequence of the dissolution, annulment or legal separation—

(i) the applicant, or

(ii) a child of the family,

has received, or is likely to receive, by virtue of any agreement or the operation of the law of a country outside England and Wales;

(e) in a case where an order has been made by a court in a country outside England and Wales requiring the other civil partner—

(i) to make any payment, or

(ii) to transfer any property,

for the benefit of the applicant or a child of the family, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;

(f) any right which the applicant has, or has had, to apply for financial relief from the other civil partner under the law of any country outside England and Wales and, if the applicant has omitted to exercise that right, the reason for that omission;

(g) the availability in England and Wales of any property in respect of which an order under this Schedule in favour of the applicant could be made;

(h) the extent to which any order made under this Schedule is likely to be enforceable;

(i) the length of time which has elapsed since the date of the dissolution, annulment or legal separation.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

(1) Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph.

(2) If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 , 4 or 4A of Schedule 5 (financial provision, property adjustment , pension sharing and pension compensation sharing) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 2 of this Act.

(3) If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule 5 (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 2 of this Act.

(4) Where under sub-paragraph (2) or (3) the court makes—

(a) an order which, if made under Schedule 5, would be a secured periodical payments order,

(b) an order for the payment of a lump sum, or

then, on making that order or at any time afterwards, the court may make any order which it could make under Part 3 of Schedule 5 (sale of property) if the order under sub-paragraph (2) or (3) had been made under that Schedule.

(5) The powers under sub-paragraphs (2) to (4) are subject to paragraph 11.

Matters to which court is to have regard in exercising its powers under paragraph 9

10

(1) The court, in deciding—

(a) whether to exercise its powers under paragraph 9, and

(b) if so, in what way,

must act in accordance with this paragraph.

(2) The court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.

(3) The court, in exercising its powers under paragraph 9 in relation to one of the civil partners—

(a) must in particular have regard to the matters mentioned in paragraph 21(2) of Schedule 5, and

(b) shall be under duties corresponding to those imposed by sub-paragraphs (2) and (3) of paragraph 23 of that Schedule (duties to consider termination of financial obligations) where it decides to exercise under paragraph 9 powers corresponding to the powers referred to in those sub-paragraphs.

(4) The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(a) of Schedule 5 (regard to be had to financial resources), include—

(a) any benefits under a pension arrangement which either of the civil partners has or is likely to have, and

(b) any PPF compensation to which a civil partner is or is likely to be entitled,

(whether or not in the foreseeable future).

(5) The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(h) of Schedule 5 (regard to be had to benefits that cease to be acquirable), include—

(a) any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring, and

(b) any PPF compensation which, because of the making of the dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

(6) The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 22(2) of Schedule 5.

(7) The court, in exercising its powers under paragraph 9 against a civil partner (“A”) in favour of a child of the family who is not A’s child, must also have regard to the matters mentioned in paragraph 22(3) of Schedule 5.

(8) Where an order has been made by a court outside England and Wales for—

(a) the making of payments, or

(b) the transfer of property,

by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with.

(9) In this paragraph—

(a) “pension arrangement” has the same meaning as in Part 4 of Schedule 5,

(b) references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not, and

Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales

11

(1) Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales.

(2) The court may make under paragraph 9 any one or more of the following orders (but no other)—

(a) an order that one of the civil partners shall pay to the other a specified lump sum;

(b) an order that one of the civil partners shall pay to a child of the family, or to a specified person for the benefit of a child of the family, a specified lump sum;

(c) an order that one of the civil partners shall transfer that civil partner’s interest in the dwelling-house, or a specified part of that interest—

(i) to the other,

(ii) to a child of the family, or

(iii) to a specified person for the benefit of a child of the family;

(d) an order that a settlement of the interest of one of the civil partners in the dwelling-house, or a specified part of that interest, be made to the satisfaction of the court for the benefit of any one or more of—

(i) the other civil partner and the children of the family, or

(ii) either or any of them;

(e) an order varying for the benefit of any one or more of—

(i) the civil partners and the children of the family, or

(ii) either or any of them,

a relevant settlement so far as that settlement relates to an interest in the dwelling-house;

(f) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement so far as that interest is an interest in the dwelling-house;

(g) an order for the sale of the interest of one of the civil partners in the dwelling-house.

(3) Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in sub-paragraph (5).

(4) Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5).

(5) That amount is—

(a) if the interest of the paying civil partner in the dwelling-house is sold in pursuance of an order made under sub-paragraph (2)(g), the amount of the proceeds of sale of that interest after deducting from those proceeds any costs incurred in the sale of that interest;

(b) if that interest is not so sold, the amount which in the opinion of the court represents the value of that interest.

(6) Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons—

(a) the reference in sub-paragraph (2)(g) to the interest of one of the civil partners shall be construed as including a reference to the interest of that other person, or the interest of those other persons, in the dwelling-house, and

(b) the reference in sub-paragraph (5)(a) to the amount of the proceeds of a sale ordered under sub-paragraph (2)(g) shall be construed as a reference to that part of those proceeds which is attributable to the interest of that civil partner in the dwelling-house.

(7) In sub-paragraph (2)—

“relevant settlement” means a settlement made, during the subsistence of the civil partnership or in anticipation of its formation, on the civil partners, including one made by will or codicil;

“specified” means specified in the order.

12

(1) On an application for a consent order under paragraph 9, the court may make an order in the terms agreed on the basis only of the prescribed information furnished with the application.

(2) Sub-paragraph (1) does not apply if the court has reason to think that there are other circumstances into which it ought to inquire.

(3) Sub-paragraph (1) applies to an application for a consent order varying or discharging an order under paragraph 9 as it applies to an application for such an order.

(4) Sub-paragraph (1) applies despite paragraph 10.

(5) In this paragraph—

“consent order”, in relation to an application for an order, means an order in the terms applied for to which the respondent agrees;

“prescribed” means prescribed by rules of court.

Orders for transfers of tenancies of dwelling-houses

13

(1) This paragraph applies if—

(a) an application is made by one of the civil partners for an order under this paragraph, and

(b) one of the civil partners is entitled, either in his own right or jointly with the other civil partner, to occupy a dwelling-house in England or Wales by virtue of a tenancy which is a relevant tenancy within the meaning of Schedule 7 to the Family Law Act 1996 (c. 27).

(2) The court may make in relation to that dwelling-house any order which it could make under Part 2 of that Schedule (order transferring tenancy or switching statutory tenants) if it had power to make a property adjustment order under Part 2 of Schedule 5 to this Act with respect to the civil partnership.

(3) The provisions of paragraphs 10, 11 and 14(1) of Schedule 7 to the Family Law Act 1996 (payments by transferee, pre-transfer liabilities and right of landlord to be heard) apply in relation to any order under this paragraph as they apply to any order under Part 2 of that Schedule.

Application to orders under paragraphs 5 and 9 of provisions of Schedule 5

14

(1) The following provisions of Schedule 5 apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule—

(a) paragraph 3(1) to (3) and (7) (lump sums);

(b) paragraph 11(2) to (4), 12(2), 13 and 14 (orders for sale);

(ca) paragraphs 19C, 19D and 19E(2) and (3) (pension compensation sharing);

(d) paragraphs 25 and 26 (orders under Part 1 relating to pensions);

(e) paragraphs 31 to 34 and 35 to 37 (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);

(ea) paragraph 34A (orders under Part 1 relating to pension compensation attachment);

(f) paragraphs 47(1) to (4) and (6) and 49 (duration of orders);

(g) paragraphs 50 to 54 and 57 to 62, except paragraph 50(1)(g) (variation etc. of orders);

(h) paragraphs 63 to 65 (arrears and repayments);

(i) paragraphs 76 to 79A (drafting of instruments, bankruptcy, mental disorder , pension-sharing appeals and pension compensation-sharing appeals).

(2) Sub-paragraph (1)(d) and (ea) does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales.

(3) Paragraph 27 of Schedule 5 (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) above as it applies to an order made under Part 1 of Schedule 5 by virtue of paragraph 25 or 26 of that Schedule.

(4) The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 28(1) to (3) of Schedule 5 (supplementary provision about orders relating to pensions under Part 1 of that Schedule) or under paragraphs 34B to 36 of that Schedule (supplementary provision about orders relating to pension compensation).

(5) The power to make regulations under this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Avoidance of transactions designed to defeat claims under paragraphs 5 and 9

15

(1) Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is granted leave under paragraph 4 to make an application for an order under paragraph 9.

(2) If the court is satisfied, on application by A, that the other civil partner (“B”) is, with the intention of defeating a claim by A, about to—

(a) make any disposition, or

(b) transfer out of the jurisdiction, or otherwise deal with, any property,

it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.

(3) If the court is satisfied, on application by A—

(a) that the other civil partner (“B”) has, with the intention of defeating a claim by A, made a reviewable disposition, and

(b) that, if the disposition were set aside—

(i) financial relief under paragraph 5 or 9, or

(ii) different financial relief under paragraph 5 or 9,

would be granted to A,

it may make an order setting aside the disposition.

(4) If—

(a) an order under paragraph 5 or 9 has been made by the court at the instance of one of the civil partners (“A”), and

(b) the court is satisfied, on application by A, that the other civil partner (“B”) has, with the intention of defeating a claim by A, made a reviewable disposition,

the court may make an order setting aside the disposition.

(5) Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned.

(6) Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).

(7) For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a “reviewable disposition” (whether made before or after the commencement of A’s application under that sub-paragraph).

(8) A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A’s claim.

(9) A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—

(a) preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that civil partner, or

(b) frustrating or impeding the enforcement of any order which might be, or has been, made under paragraph 5 or 9 at the instance of that civil partner.

Presumptions for the purposes of paragraph 15

16

(1) Sub-paragraph (3) applies where—

(a) an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to—

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(2) Sub-paragraph (3) also applies where—

(a) an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and

(b) the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

(3) It shall be presumed, unless the contrary is shown, that the person who—

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim.

(4) A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).

Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4

Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9

17

(1) If it appears to the court, on application by one of the persons (“A”) who formed a civil partnership—

(a) that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,

(b) that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually resident in England and Wales for the period of one year, and

(i) make any disposition, or

(ii) transfer out of the jurisdiction, or otherwise deal with, any property,

the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c).

(2) Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.

(3) Sub-paragraph (4) applies where—

(a) an application is made under sub-paragraph (1) with respect to—

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(4) It shall be presumed, unless the contrary is shown, that the person who—

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim.

(5) A reference in this paragraph to defeating a person’s claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.

Part 3 — Supplementary

Paragraphs 15 to 17: meaning of “disposition” and saving

18

(1) In paragraphs 15 to 17 “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.

(2) The provisions of paragraphs 15 to 17 are without prejudice to any power of the High Court to grant injunctions under section 37 of the Senior Courts Act 1981(c. 54).

Interpretation of Schedule

19

In this Schedule—

“the court” means the High Court or the family court;

“dwelling-house” includes—any building, or part of a building, which is occupied as a dwelling, andany yard, garden, garage or outhouse belonging to, and occupied with, the dwelling-house;

“overseas country” has the meaning given by paragraph 1(3).

SCHEDULE 8

Law of Property Act 1925 (c. 20)

1

(1) Amend section 149(6) (which includes provision for a lease determinable on marriage of the lessee to take effect as a lease for 90 years determinable by notice after the lessee’s marriage) as follows.

(2) After “or on the marriage of the lessee,” insert “ or on the formation of a civil partnership between the lessee and another person, ”.

(3) For “after the death or marriage (as the case may be) of the original lessee, or of the survivor of the original lessees,” substitute “ after (as the case may be) the death or marriage of, or the formation of a civil partnership by, the original lessee or the survivor of the original lessees, ”.

Landlord and Tenant Act 1954 (c. 56)

2

In paragraph 1(e) of Schedule 3 (grounds for possession: premises required as residence for landlord or family member), for the words from “as a residence” to “spouse, and” substitute

as a residence for— (i) himself, (ii) any son or daughter of his over eighteen years of age, (iii) his father or mother, or (iv) the father, or mother, of his spouse or civil partner, and

Leasehold Reform Act 1967 (c. 88)

3

In section 1(1ZC)(c) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “ or the formation of a civil partnership ”.

4

In section 1B (which refers to a tenancy granted so as to become terminable by notice after a death or marriage), for “a death or marriage” substitute “ a death, a marriage or the formation of a civil partnership ”.

5

(1) Amend section 3(1) (meaning of “long tenancy”) as follows.

(2) In the words describing section 149(6) of the Law of Property Act 1925, after “terminable after a death or marriage” insert “ or the formation of a civil partnership ”.

(3) In the proviso (exclusion of certain tenancies terminable by notice after death or marriage)—

(a) for “a death or marriage” substitute “ a death, a marriage or the formation of a civil partnership ”, and

(b) in paragraph (a), after “marriage of” insert “ , or the formation of a civil partnership by, ”.

6

(1) Amend section 7 (rights of members of family succeeding to tenancy on death) as follows.

(2) In subsection (7) (“family member”), for “wife or husband” (in each place) substitute “ spouse or civil partner ”.

(3) In subsection (8) (surviving spouse’s rights on intestacy)—

(a) in paragraph (a), for “wife or husband” substitute “ spouse or civil partner ”, and

(b) in paragraph (b), for “husband or wife” substitute “ spouse or civil partner ”.

7

In section 18(3) (members of landlord’s family whose residential rights exclude enfranchisement or extension), for “wife or husband” (in each place) substitute “ spouse or civil partner ”.

Caravan Sites Act 1968 (c. 52)

8

In section 3(2) (“occupier” includes surviving spouse of deceased occupier), for “or widower” (in each place) substitute “ , widower or surviving civil partner ”.

Rent (Agriculture) Act 1976 (c. 80)

9

(1) Amend section 3 (protected occupiers by succession) as follows.

(2) For subsection (2) (succession by surviving spouse) substitute—

(2) Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.

(3) In subsection (3) (succession by other family members)—

(a) for “surviving spouse” substitute “ surviving partner ”,

(b) for “his” (in each place) substitute “ the original occupier's ”, and

(4) After subsection (3) insert—

(3A) In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.

10

(1) Amend section 4 (statutory tenants and tenancies) as follows.

(2) For subsection (3) (surviving spouse’s statutory tenancy) substitute—

(3) If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

(3) In subsection (4) (statutory tenancy for other family members)—

(a) for “surviving spouse” substitute “ surviving partner ”,

(b) for “his” (in each place) substitute “ the original occupier's ”, and

(4) For subsection (5A) (references to original occupier’s spouse include person living with occupier as his or her wife or husband) substitute—

(5ZA) In subsections (3) and (4) above “surviving partner” means surviving spouse or surviving civil partner. (5A) For the purposes of subsection (3) above— (a) a person who was living with the original occupier as his or her husband or wife shall be treated as the spouse of the original occupier, and (b) a person who was living with the original occupier as if they were civil partners shall be treated as the civil partner of the original occupier, and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.

11

In section 31(3)(c) (power of Secretary of State and National Assembly for Wales to require information about occupiers of housing accommodation associated with agricultural or forestry land), after “who has been married to” insert “ , or has been the civil partner of, ”.

12

In paragraph 1 of Case 9 in Part 1 of Schedule 4 (discretionary grounds for possession: dwelling required as residence for member of landlord’s family), after “husband” (in each place) insert “ or civil partner ”.

Rent Act 1977 (c. 42)

13

(1) In Part 1 of Schedule 1 (statutory tenants by succession), amend paragraph 2 (succession by surviving spouse) as follows.

(2) In sub-paragraph (1), after “surviving spouse” insert “ , or surviving civil partner, ”.

(3) For sub-paragraph (2) substitute—

(2) For the purposes of this paragraph— (a) a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant, and (b) a person who was living with the original tenant as if they were civil partners shall be treated as the civil partner of the original tenant.

(4) In sub-paragraph (3), for the words after “the county court” substitute “ shall for the purposes of this paragraph be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the original tenant) as the surviving spouse or the surviving civil partner. ”

14

In Schedule 15 (grounds for possession), in Case 9 in Part 1 (dwelling required as residence for landlord or member of his family), for “wife or husband” substitute “ spouse or civil partner ”.

Protection from Eviction Act 1977 (c. 43)

15

In section 4(2)(b) (special provisions for agricultural employees: “occupier” includes surviving spouse of former tenant), for “widow or widower” (in each place) substitute “ surviving spouse or surviving civil partner ”.

Housing Act 1980 (c. 51)

16

In section 54(2) (protected shorthold tenancy etc. may not be assigned except in pursuance of certain orders), after paragraph (c) insert

, or (d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

17

In section 76(3) (which amends provisions of the Rent (Agriculture) Act 1976 replaced by this Schedule), for “sections 3(2) and (3)(a) and 4(3) and (4)(a)” substitute “ sections 3(3)(a) and 4(4)(a) ”.

Housing Act 1985 (c. 68)

18

In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in definition of “exempted disposal”), after “the spouse or a former spouse” insert “ , or the civil partner or a former civil partner, ”.

19

In section 39(3) (disposals exempt if in pursuance of certain orders), after paragraph (d) insert

, or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

20

In section 87(a) (entitlement of tenant’s spouse to succeed to secure tenancy), after “spouse” insert “ or civil partner ”.

21

(1) Amend section 88 (cases where secure tenant is a successor) as follows.

(2) In subsection (1)(d), for “(2) and (3)” substitute “ (2) to (3) ”.

(3) After subsection (2) insert—

(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.) is a successor only if the other civil partner was a successor.

22

(1) Amend section 89 (succession to periodic secured tenancy) as follows.

(2) In subsection (2)(a) (tenant’s spouse is preferred successor), after “spouse” insert “ or civil partner ”.

(3) In subsection (3)(a), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

23

In section 90(3)(a) (secure tenancy for term certain does not cease to be secure tenancy if vested under certain orders), after sub-paragraph (iii) insert—

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), or

24

In section 91(3)(b) (assignments not prohibited if in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

25

In section 99B(2)(e) (subsection applies to assignees in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

26

In section 101(3)(c) (assignees in pursuance of certain orders are qualifying successors), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

27

(1) Amend sections 113 and 186 (meaning of “member of a person’s family” in Parts 3 and 4) as follows.

(2) In subsection (1)(a)—

(a) after “spouse” insert “ or civil partner ”, and

(b) after “live together as husband and wife” insert “ or as if they were civil partners ”.

(3) In subsection (2)(a), after “a relationship by marriage” insert “ or civil partnership ”.

28

In section 123(2)(a) (family members with whom right to buy may be exercised), after “is his spouse” insert “ , is his civil partner ”.

29

In section 130(3) (persons whose receipt of discount results in reduction of subsequent discount)—

(a) in paragraph (b), after “spouse” insert “ , or civil partner, ” and

(b) in paragraph (c), after “deceased spouse” insert “ , or deceased civil partner, ”.

30

In section 160(3) (right to buy: disposals in pursuance of certain orders are exempted), after paragraph (d) insert

, or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

31

In section 171B(4)(b) (persons who become tenants in pursuance of certain orders are qualifying successors), after sub-paragraph (iv) insert

or (v) an order under Part 2 of Schedule 5, or a property adjustment order under paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),

32

In section 554(2A) (grant by registered social landlords to former owner-occupier of defective dwelling), for paragraph (b) substitute—

(b) is the spouse or civil partner, or a former spouse or former civil partner, or the surviving spouse or surviving civil partner, of a person falling within paragraph (a); or

33

In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court considers possession reasonable), in ground 2A (violence by member of a couple)—

(a) for “a married couple or” substitute “ a married couple, a couple who are civil partners of each other, ” and

(b) after “as husband or wife” insert “ or a couple living together as if they were civil partners ”.

34

In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy and discount)—

(a) after “deceased spouse” in paragraph (c) of each of those paragraphs insert “ , or deceased civil partner, ” and

(b) after “spouse” (in each other place) insert “ or civil partner ”.

35

(1) Amend Schedule 6A (redemption of landlord’s share) as follows.

(2) In paragraph 1(2)(a) (meaning of “excluded disposal”), after “spouse” insert “ or civil partner ”.

(3) In paragraph 1(2)(c) (disposals excluded if in pursuance of certain orders), after sub-paragraph (iv) insert

or (v) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),

(4) In paragraphs 4(3)(b) and 12(1), (2) and (3)(d), for “qualifying spouse” substitute “ qualifying partner ”.

(5) In paragraph 12(2) (which will define “qualifying partner”), for paragraph (c) and the words after that paragraph substitute—

(c) he— (i) is the spouse, the civil partner, a former spouse, a former civil partner, the surviving spouse, the surviving civil partner, a surviving former spouse or a surviving former civil partner of the person who immediately before that time was entitled to the interest to which this paragraph applies or, as the case may be, the last remaining such interest, or (ii) is the surviving spouse, the surviving civil partner, a surviving former spouse or a surviving former civil partner of a person who immediately before his death was entitled to such an interest.

Agricultural Holdings Act 1986 (c. 5)

36

(1) In sections 35(2) and 49(3) (interpretation respectively of sections 36 to 48, and sections 49 to 58, etc.), amend the definition of “close relative” as follows.

(2) In paragraph (a), for “or husband” substitute “ , husband or civil partner ”.

(3) In paragraph (d), after “marriage” (in each place) insert “ or civil partnership ”.

37

In section 36 (eligible person may apply for new tenancy on death of tenant), after subsection (4) insert—

(4A) In the case of the deceased’s civil partner the reference in subsection (3)(a) above to the relative’s agricultural work shall be read as a reference to agricultural work carried out by either the civil partner or the deceased (or both of them).

38

In section 50 (eligible person may apply for new tenancy on retirement of tenant), after subsection (3) insert—

(3A) In the case of the civil partner of the retiring tenant the reference in subsection (2)(a) above to the relative’s agricultural work shall be read as a reference to agricultural work carried out by either the civil partner or the retiring tenant (or both of them).

39

(1) Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as follows.

(2) In paragraph 1(2) (control of body corporate by deceased’s close relative)—

(a) after “or his spouse” insert “ or his civil partner ”, and

(b) after “together” insert “ or he and his civil partner together ”.

(3) In paragraph 1 (preliminary), after sub-paragraph (3) insert—

(4) Any reference in this Schedule to the civil partner of a close relative of the deceased does not apply in relation to any time when the relative’s civil partnership is subject to— (a) a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004, or (b) a dissolution order, nullity order or presumption of death order that is a conditional order under that Chapter.

(4) In paragraph 6(2) (no disregard of occupation by relative under tenancy granted by his spouse), after “spouse” insert “ or civil partner ”.

(5) In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation by relative), after “spouse” insert “ , or civil partner, ”.

(6) In paragraph 9(2) (cases involving joint occupation by spouse, or controlled body, and another)—

(a) for the words from “joint occupation of land” to “sub-paragraphs” substitute

joint occupation of land by— (a) his spouse or civil partner or a body corporate, and (b) any other person or persons, sub-paragraphs

, and

(b) after “spouse” (in the second place) insert “ or civil partner, ”.

(7) In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert “ or civil partner ”.

(8) In the italic heading before each of paragraphs 9 and 10, after “spouse” insert “ , civil partner ”.

Landlord and Tenant Act 1987 (c. 31)

40

(1) Amend section 4 (meaning of “relevant disposal” for purposes of tenants' rights of first refusal) as follows.

(2) In subsection (2)(c) (disposals in pursuance of certain orders not relevant disposals), after sub-paragraph (vi) insert—

(vii) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of a civil partnership, etc.), or (viii) Part 3 of Schedule 5, or paragraph 9(4) of Schedule 7, to the Civil Partnership Act 2004 (orders for the sale of property in connection with civil partnership proceedings or after overseas dissolution of a civil partnership, etc.) where the order includes provision requiring the property concerned to be offered for sale to a person or class of persons specified in the order;

(3) In subsection (5)(a)—

(a) after “spouse” insert “ or civil partner ”, and

(b) after “live together as husband and wife” insert “ or as if they were civil partners ”.

(4) In subsection (6)(a), after “a relationship by marriage” insert “ or civil partnership ”.

Housing Act 1988 (c. 50)

41

(1) Amend section 17 (succession to assured periodic tenancy by spouse) as follows.

(2) In subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

(3) For subsection (4) substitute—

(4) For the purposes of this section— (a) a person who was living with the tenant as his or her wife or husband shall be treated as the tenant’s spouse, and (b) a person who was living with the tenant as if they were civil partners shall be treated as the tenant’s civil partner.

(4) In subsection (5), for the words after “the county court” substitute “ shall for the purposes of this section be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the tenant) as the tenant’s spouse or the tenant’s civil partner. ”

42

In section 82(1)(b) (after disposal by housing action trust, legal assistance may be given to surviving spouse of pre-disposal tenant), for “or widower” substitute “ , widower or surviving civil partner ”.

43

(1) Amend Schedule 2 (assured tenancies: grounds for possession) as follows.

(2) In Part 1 (cases where court must order possession), in paragraph (b) of Ground 1 (landlord previously resident or requiring premises as residence for himself or his spouse), for “his or his spouse's” substitute “ his, his spouse’s or his civil partner's ”.

(3) In Part 2 (cases where court may order possession), in Ground 14A (violence by member of a couple)—

(a) for “a married couple or” substitute “ a married couple, a couple who are civil partners of each other, ” and

(b) after “as husband or wife” insert “ or a couple living together as if they were civil partners ”.

44

(1) Amend paragraph 3 of Schedule 3 (agricultural worker condition where dwelling occupied by surviving spouse or family member of previous qualifying occupier) as follows.

(2) In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute “ surviving partner ”.

(3) For sub-paragraph (2) substitute—

(2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below— (a) “surviving partner” means widow, widower or surviving civil partner; and (b) a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.

(4) For sub-paragraph (5) (person living as wife or husband with previous occupier) substitute—

(5) For the purposes of sub-paragraph (2)(a) above— (a) a person who, immediately before the previous qualifying occupier’s death, was living with the previous occupier as his or her wife or husband shall be treated as the widow or widower of the previous occupier, and (b) a person who, immediately before the previous qualifying occupier’s death, was living with the previous occupier as if they were civil partners shall be treated as the surviving civil partner of the previous occupier.

45

(1) Amend paragraph 4 of Schedule 11 (exempted disposals by housing action trusts) as follows.

(2) In sub-paragraph (2)(b) (meaning of “qualifying person” in definition of “exempted disposal”), after “the spouse or a former spouse” insert “ , or the civil partner or a former civil partner, ”.

(3) In sub-paragraph (4) (disposals in pursuance of certain orders), after paragraph (d) insert

, or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

Local Government and Housing Act 1989 (c. 42)

46

In paragraph 5(1)(c) of Schedule 10 (long residential tenancies: grounds for possession: premises required as residence for landlord or family member), for the words from “as a residence” to “mother and,” substitute

as a residence for— (i) himself, (ii) any son or daughter of his over eighteen years of age, (iii) his father or mother, or (iv) the father, or mother, of his spouse or civil partner, and,

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

47

(1) Amend section 7 (meaning of “long lease”) as follows.

(2) In subsection (1)(b) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “ or the formation of a civil partnership ”.

(3) In subsection (2) (exclusion of certain leases terminable by notice after death or marriage)—

(a) for “a death or marriage” substitute “ a death, a marriage or the formation of a civil partnership ”, and

(b) in paragraph (a), after “marriage of” insert “ , or the formation of a civil partnership by, ”.

48

In section 10(5) (members of family of resident landlord), for “wife or husband” (in each place) substitute “ spouse or civil partner ”.

Agricultural Tenancies Act 1995 (c. 8)

49

In section 7(3) (which refers to section 149(6) of the Law of Property Act 1925), after “marriage of” insert “ , or formation of a civil partnership by, ”.

Housing Act 1996 (c. 52)

50

(1) Amend section 15 (relevant and exempted disposals) as follows.

(2) In subsection (5)(b) (meaning of “qualifying person” in the definition of “exempted disposal”), after “the spouse or a former spouse” insert “ , or the civil partner or a former civil partner, ”.

(3) In subsection (6) (disposals in pursuance of certain orders are exempt), after paragraph (d) insert

; or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

51

(1) Amend sections 62 and 140 (meaning of “member of a person’s family” in Part 1 and in Chapter 1 of Part 5) as follows.

(2) In subsection (1)(a)—

(a) after “spouse” insert “ or civil partner ”, and

(b) after “live together as husband and wife” insert “ or as if they were civil partners ”.

(3) In subsection (2)(a), after “a relationship by marriage” insert “ or civil partnership ”.

52

In section 132 (introductory tenancies: cases where tenant is successor), after subsection (2) insert—

(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.) is a successor only if the other civil partner was a successor.

53

(1) Amend section 133 (succession to introductory tenancy) as follows.

(2) In subsection (2)(a) (spouse of deceased tenant is preferred successor), after “spouse” insert “ or civil partner ”.

(3) In subsection (3)(a) (tenancy ceases to be introductory on vesting otherwise than in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

54

In section 134(2)(a) (introductory tenancy may not be assigned except in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

55

In section 143H(5)(a) (two or more successors to demoted tenancy), for “spouse or (if the tenant has no spouse)” substitute “ spouse or civil partner or (if the tenant has neither spouse nor civil partner) ”.

56

In section 143I(3) (tenancy does not cease to be demoted tenancy if vested pursuant to certain orders), after paragraph (c) insert—

(d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

57

For paragraphs (a) and (b) of section 143J(5) (successor by assignment to secure tenancy terminated by demotion order) substitute—

(a) the tenancy was assigned— (i) in proceedings under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.), or (ii) in proceedings under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), (b) where the tenancy was assigned as mentioned in paragraph (a)(i), neither he nor the other party to the marriage was a successor, and (c) where the tenancy was assigned as mentioned in paragraph (a)(ii), neither he nor the other civil partner was a successor.

58

In section 143K(2) (demoted tenancy may be assigned only in pursuance of certain orders), after paragraph (c) insert—

(d) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

59

(1) Amend section 143P (meaning of “member of another’s family”) as follows.

(2) In subsection (1)(a), after “spouse” insert “ or civil partner ”.

(3) In subsection (3)(a), after “marriage” insert “ or civil partnership ”.

60

In section 160 (cases where provisions about allocations do not apply), in each of subsections (2)(e) and (3)(d) (cases where secure or introductory tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii) insert

, or (iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

62

In section 30(6)(a) (power to provide for financial position of others to be taken into account in means-testing applicant for grant), after “his spouse,” insert “ his civil partner, ”.

63

(1) In section 54(3) (disposals in pursuance of certain orders are exempt) as it has effect by virtue of article 11(2) of the 2002 Order (saving for certain purposes of repealed provisions), after paragraph (d) insert

; or (e) Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders, or orders for the sale of property, in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).

(2) In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).

Commonhold and Leasehold Reform Act 2002 (c. 15)

64

In section 76(2)(c) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “ or the formation of a civil partnership ”.

65

In section 77(1) (“long lease”: exclusion of certain leases terminable by notice after death or marriage)—

(a) for “a death or marriage” substitute “ a death, a marriage or the formation of a civil partnership ”, and

(b) in paragraph (a), after “marriage of” insert “ , or the formation of a civil partnership by, ”.

66

In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose occupation of premises excludes premises from right to manage), after “spouse” (in each place) insert “ or civil partner ”.

SCHEDULE 9

Part 1 — Amendments of the Family Law Act 1996 (c. 27)

1

(1) Amend section 30 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) after “one spouse” insert “ or civil partner (“A”) ”, and

(ii) for “that spouse” substitute “ A ”.

(b) in paragraph (b), after “other spouse” insert “ or civil partner (“B”) ”.

(3) In subsection (2)—

(a) for “the spouse not so entitled” substitute “ B ”,

(b) for “(“matrimonial home rights”)” substitute “ (“home rights”) ”, and

(4) In subsection (3)—

(a) for “a spouse” and for “that spouse” substitute “ B ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(5) In subsection (4)—

(a) for “A spouse's” substitute “ B's ”,

(b) in paragraph (a), for “by the other spouse as the other spouse's” substitute “ by A as A's ”, and

(i) for “the spouse occupies the dwelling-house as that spouse's” substitute “ B occupies the dwelling-house as B's ”, and

(ii) for “by the other spouse as the other spouse's” substitute “ by A as A's ”.

(6) In subsection (5)—

(a) for “a spouse (“the first spouse”)” substitute “ B ”, and

(b) in paragraph (b), for “the other spouse (“the second spouse”)” substitute “ A ”,

(d) for “the first spouse against the second spouse” substitute “ B against A ”.

(7) In subsection (6)—

(a) for “a spouse” substitute “ B ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(8) In subsection (7), for the words from first “which” to the end substitute

which— (a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and (b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.

(9) In subsection (8)—

(a) for “A spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) in paragraph (a), after “marriage” insert “ or civil partnership ”, and

(10) In subsection (9)—

(a) for “a spouse” (in both places) substitute “ a person ”, and

(b) for “matrimonial home rights” substitute “ home rights ”.

(11) In the heading to section 30, for “matrimonial home where one spouse” substitute “ home where one spouse or civil partner ” and, in the preceding cross-heading, after “matrimonial” insert “ or civil partnership ”.

2

(1) Amend section 31 (effect of matrimonial home rights as charge on dwelling-house) as follows.

(2) In subsection (1) for “marriage, one spouse” substitute “ marriage or civil partnership, A ”.

(3) In subsection (2) for “The other spouse’s matrimonial home rights” substitute “ B’s home rights ”.

(4) In subsection (3)—

(a) in paragraph (a), for “the spouse so entitled” substitute “ A ”, and

(b) in paragraph (b), after “marriage” insert “ or of the formation of the civil partnership ”.

(5) In subsection (4)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) for “the other spouse” substitute “ A ”, and

(6) In subsection (5) for “the other spouse” substitute “ A ”.

(7) In subsection (7) for “the spouses” substitute “ A and B ”.

(8) In subsection (8)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) in paragraph (a), for “the other spouse” substitute “ A ”, and

(9) In subsection (9)—

(a) in paragraph (a), for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(10) In subsection (10)—

(a) for “a spouse” and for “that spouse” substitute “ A ”, and

(b) in paragraph (b), for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”.

(11) For subsection (12)(a) substitute—

(a) B’s home rights are a charge on the estate of A or of trustees of A, and

(12) In the heading to section 31, for “matrimonial home rights” substitute “ home rights ”.

3

For section 32 (further provisions relating to matrimonial home rights) substitute—

(32) Schedule 4 (provisions supplementary to sections 30 and 31) has effect.

4

(1) Amend section 33 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows.

(2) In subsection (1)(a)(ii), for “matrimonial home rights” substitute “ home rights ”.

(3) After subsection (2) insert—

(2A) If a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) is terminated, no application under this section may be made by virtue of section 62(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

(4) In subsection (3)(e)—

(a) for “matrimonial home rights” substitute “ home rights ”, and

(b) after “spouse” insert “ or civil partner ”.

(5) In subsection (4), for “matrimonial home rights” substitute “ home rights ”.

(6) In subsection (5)—

(a) for “matrimonial home rights” substitute “ home rights ”,

(b) after “is the other spouse” insert “ or civil partner ”,

(d) in paragraph (a), after “spouse” insert “ or civil partner ”, and

(e) in paragraph (b), after “marriage” insert “ or civil partnership ”.

(7) In the heading to section 33, for “matrimonial home rights” substitute “ home rights ”.

5

In section 34 (effect of order under section 33 where rights are charge on dwelling-house), in subsection (1)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”, and

(b) for “the other spouse” (in each place) substitute “ A ”.

6

(1) Amend section 35 (one former spouse with no existing right to occupy) as follows.

(2) In subsection (1)(a) and (b), after “former spouse” insert “ or former civil partner ”.

(3) For subsection (1)(c) substitute—

(c) the dwelling-house— (i) in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or (ii) in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home.

(4) In subsection (2), after “former spouse” (in both places) insert “ or former civil partner ”.

(5) In subsection (6)(f), after “marriage” insert “ or civil partnership ”.

(6) After subsection (6)(g)(i), insert—

(ia) for a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004;

(7) In subsection (9)(a), after “former spouses” insert “ or former civil partners ”.

(8) In subsections (11) and (12), after “former spouse” insert “ or former civil partner ”.

(9) For subsection (13)(a) and (b) substitute—

(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and (b) as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section).

(10) In the heading to section 35, after “former spouse” insert “ or former civil partner ”.

7

In section 36 (one cohabitant or former cohabitant with no existing right to occupy), for subsection (13)(a) and (b) substitute—

(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that section); and (b) as if the respondent were A (the person entitled as mentioned in subsection (1)(a) of that section).

8

(1) Amend section 37 (neither spouse entitled to occupy) as follows.

(2) After subsection (1) insert—

(1A) This section also applies if— (a) one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but (b) neither of them is entitled to remain in occupation— (i) by virtue of a beneficial estate or interest or contract; or (ii) by virtue of any enactment giving him the right to remain in occupation.

(3) In subsection (3)(b), for “spouses” substitute “ parties ”.

(4) In the heading to section 37, after “spouse” insert “ or civil partner ”.

9

In section 42 (non-molestation orders), after subsection (4) insert—

(4ZA) If a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) is terminated, no application under this section may be made by virtue of section 62(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

10

(1) In section 44 (evidence of agreement to marry), after subsection (2) insert—

(3) Subject to subsection (4), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004). (4) Subsection (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by— (a) a gift by one party to the agreement to the other as a token of the agreement, or (b) a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.

(2) In the heading to section 44, after “marry” insert “ or form a civil partnership ”.

11

In section 49 (variation and discharge of orders), in subsection (3)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights are, under section 31, ”, and

(b) for “the other spouse” (in each place) substitute “ A ”.

12

(1) Amend section 54 (dwelling-house subject to mortgage) as follows.

(2) In subsections (3)(a) and (4), for “matrimonial home rights” substitute “ home rights ”.

(3) In subsection (5), after “spouse, former spouse” insert “ , civil partner, former civil partner ”.

13

(1) Amend section 62 (meaning of “cohabitants”, “relevant child” and “associated persons”) as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship;” substitute “ two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners; ”, and

(b) in paragraph (b), after “have subsequently married each other” insert “ or become civil partners of each other ”.

(3) After subsection (3)(a) insert—

(aa) they are or have been civil partners of each other;

(4) After subsection (3)(e) insert—

(eza) they have entered into a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated);

14

(1) Amend section 63 (interpretation of Part 4) as follows.

(2) In subsection (1), after the definition of “health” insert—

“home rights” has the meaning given by section 30;

(3) Omit the definition of “matrimonial home rights” in that subsection.

(4) In the definition of relative in that subsection—

(a) in paragraphs (a) and (b), for “spouse or former spouse” substitute “ spouse, former spouse, civil partner or former civil partner ”,

(b) in paragraph (b), for “by affinity)” substitute “ by marriage or civil partnership) ”, and

(5) After subsection (2)(i) insert—

(j) Schedules 5 to 7 to the Civil Partnership Act 2004.

15

(1) Amend Schedule 4 (provisions supplementary to sections 30 and 31) as follows.

(2) In paragraph 2, after “spouse” (in both places) insert “ or civil partner ”.

(3) In paragraph 3(1) and (3), after “spouse” insert “ or civil partner ”.

(4) In paragraph 4(1), for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(5) For paragraphs 4(1)(a) to (c) substitute—

(a) in the case of a marriage— (i) by the production of a certificate or other sufficient evidence, that either spouse is dead, (ii) by the production of an official copy of a decree or order of a court, that the marriage has been terminated otherwise than by death, or (iii) by the production of an order of the court, that the spouse’s home rights constituting the charge have been terminated by the order, and (b) in the case of a civil partnership— (i) by the production of a certificate or other sufficient evidence, that either civil partner is dead, (ii) by the production of an official copy of an order or decree of a court, that the civil partnership has been terminated otherwise than by death, or (iii) by the production of an order of the court, that the civil partner’s home rights constituting the charge have been terminated by the order.

(6) In paragraph 4(2)—

(a) in paragraph (a)—

(i) after “marriage” insert “ or civil partnership ”, and

(ii) after “spouse” insert “ or civil partner ”, and

(b) in paragraph (b), after “spouse” insert “ or civil partner ”.

(7) In paragraph 4(3), after “spouse” insert “ or civil partner ”.

(8) In the heading to paragraph 4, after “marriage” insert “ or civil partnership ”.

(9) In paragraph 5(1), for “spouse entitled to matrimonial home rights” substitute “ spouse or civil partner entitled to home rights ”.

(10) In paragraph 5(2)—

(a) for “matrimonial home rights” substitute “ home rights ”, and

(b) in paragraph (a), after “spouse” insert “ or civil partner ”.

(11) In the heading to paragraph 5, for “matrimonial home rights” substitute “ home rights ”.

(12) In paragraph 6, after “spouse” (in both places) insert “ or civil partner ”.

16

(1) Amend Schedule 7 (transfer of certain tenancies on divorce etc. or on separation of cohabitants) as follows.

(2) In paragraph 1, before the definition of “cohabitant” insert—

“civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;

(3) In paragraph 2(1), after “spouse” (in both places) insert “ or civil partner ”.

(4) For paragraph 2(2) substitute—

(2) The court may make a Part II order— (a) on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or (b) at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.

(5) Omit “or” at the end of paragraph 4(a) and insert—

(aa) in the case of civil partners, a civil partnership home; or

(6) In paragraph 5(a), after “spouses” insert “ , civil partners ”.

(7) In paragraph 6—

(a) after “spouse” (in the first place) insert “ , a civil partner ”, and

(b) after “spouse” (in the second place) insert “ , civil partner ”.

(8) In paragraph 7(1) and (2), after “spouse” (in each place) insert “ , civil partner ”.

(9) For paragraph 7(3) to (4) substitute—

(3) If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of Part 4 of the Housing Act 1985— (a) his former spouse (or, in the case of judicial separation, his spouse), (b) his former civil partner (or, if a separation order is in force, his civil partner), or (c) his former cohabitant, is to be deemed also to be a successor within the meaning of that Part. (3A) If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of section 132 of the Housing Act 1996— (a) his former spouse (or, in the case of judicial separation, his spouse), (b) his former civil partner (or, if a separation order is in force, his civil partner), or (c) his former cohabitant, is to be deemed also to be a successor within the meaning of that section. (4) If the spouse, civil partner or cohabitant so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy— (a) his former spouse (or, in the case of judicial separation, his spouse), (b) his former civil partner (or, if a separation order is in force, his civil partner), or (c) his former cohabitant, is to be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section.

(10) In paragraph 7(5)(a), after “spouse” insert “ , civil partner ”.

(11) Omit paragraph 7(6).

(12) In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “ , civil partner ”.

(13) In paragraph 8(3), after “surviving spouse” insert “ or surviving civil partner ”.

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Civil Partnership Act 2004

Variation of instalments of lump sum

41

Supplementary provisions with respect to variation and revocation of orders

42

Part 7 — Arrears and repayments

Enforcement etc. of orders for payment of money

43

Orders for repayment after cessation of order because of subsequent civil partnership etc.

44

Part 8 — Supplementary

Restrictions on making of orders under this Schedule: welfare of children

45

Constitution of courts, powers of High Court and county court in relation to orders and appeals

46

Provisions as to jurisdiction and procedure

47

Meaning of “child of the family”

48

SCHEDULE 7

Part 1 — Financial relief

Part applies where civil partnership has been dissolved etc. overseas

1

Either civil partner may make application for financial relief

2

No application after formation of subsequent civil partnership or marriage

3

Leave of court required for making of application

4

Interim orders for maintenance

5

Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13

6

Jurisdiction of the court

7

Duty of the court to consider whether England and Wales is appropriate venue for application

8

Orders for financial provision, property adjustment and pension sharing

9

Matters to which court is to have regard in exercising its powers under paragraph 9

10

Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales

11

Consent orders under paragraph 9

12

Orders for transfers of tenancies of dwelling-houses

13

Application to orders under paragraphs 5 and 9 of provisions of Schedule 5

14

Avoidance of transactions designed to defeat claims under paragraphs 5 and 9

15

Presumptions for the purposes of paragraph 15

16

Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4

Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9

17

Part 3 — Supplementary

Paragraphs 15 to 17: meaning of “disposition” and saving

18

Interpretation of Schedule

19

SCHEDULE 8

Law of Property Act 1925 (c. 20)

1

Landlord and Tenant Act 1954 (c. 56)

2

Leasehold Reform Act 1967 (c. 88)

3

4

5

6

7

Caravan Sites Act 1968 (c. 52)

8

Rent (Agriculture) Act 1976 (c. 80)

9

10

11

12

Rent Act 1977 (c. 42)