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

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orders are exempt) as it has effect by virtue of article 11(2) of the 2002 Order (saving for certain purposes of repealed provisions), after paragraph (d) insert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 ”.

(14) In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both places), after “spouse” insert “ , civil partner ”.

(15) In paragraph 11(1), after “spouses” insert “ , civil partners ”.

(16) In paragraph 11(2), after “spouse” insert “ , civil partner ”.

(17) For paragraph 12 and the heading preceding it, substitute—

(12) The date specified in a Part II order as the date on which the order is to take effect must not be earlier than— (a) in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute; (b) in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.

(18) For paragraph 13 and the heading preceding it substitute—

(13) (1) If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order. (2) If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order. (3) In sub-paragraphs (1) and (2)— (a) the references to remarrying and marrying include references to cases where the marriage is by law void or voidable, and (b) the references to forming a civil partnership include references to cases where the civil partnership is by law void or voidable.

(19) In paragraph 15(1)—

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

(b) for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(20) In paragraph 15(2), after “spouse” insert “ , civil partner ”.

Part 2 — Consequential amendments

Land Compensation Act 1973 (c. 26)

17

(1) Amend section 29A (spouses having statutory rights of occupation) as follows.

(2) In subsection (1)—

(a) for “one spouse (“A”)” substitute “ one spouse or civil partner (“A”) ”, and

(b) for “the other spouse (“B”) acquires matrimonial home rights” substitute “ the other spouse or civil partner (“B”) acquires home rights ”.

(3) In subsection (2) for “matrimonial home rights” substitute “ home rights ”.

(4) In the heading to section 29A, after “spouses” insert “ and civil partners ”.

Housing Act 1985 (c. 68)

18

(1) Amend section 85 (extended discretion of court in certain proceedings for possession) as follows.

(2) In subsection (5)—

(a) in paragraph (a) for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”,

(b) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner, ”, and

(3) In subsection (5A)—

(a) in paragraph (a), for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”, and

(b) in paragraph (b) and in the words following paragraph (c) after “former spouse,” insert “ former civil partner, ”.

19

In section 99B (persons qualifying for compensation) in subsection (2)(f), after “spouse, former spouse,” insert “ civil partner, former civil partner, ”.

20

In section 101 (rent not to be increased on account of tenant’s improvements) in subsection (3)(d), after “spouse, former spouse,” insert “ civil partner, former civil partner, ”.

Insolvency Act 1986 (c. 45)

21

(1) Amend section 336 (rights of occupation etc. of bankrupt’s spouse) as follows.

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

(3) In subsection (2)—

(a) for “a spouse’s matrimonial home rights” substitute “ a spouse’s or civil partner’s home rights ”, and

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

(4) In subsection (4)(b) and (c) after “spouse or former spouse” insert “ or civil partner or former civil partner ”.

(5) In the heading to section 336 after “spouse” insert “ or civil partner ”.

22

(1) Amend section 337 (rights of occupation of bankrupt) as follows.

(2) In subsection (2), for “spouse (if any) has matrimonial home rights” substitute “ spouse or civil partner (if any) has home rights ”.

(3) In subsection (3)—

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

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

Housing Act 1988 (c. 50)

23

(1) Amend section 9 (extended discretion of court in possession claims) as follows.

(2) In subsection (5)—

(a) for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”,

(b) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner ”, and

(3) In subsection (5A)—

(a) for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”,

(b) for “cohabitant, former cohabitant or former spouse” (in both places) substitute “ former spouse, former civil partner, cohabitant or former cohabitant ”.

Commonhold and Leasehold Reform Act 2002 (c. 15)

24

(1) Amend section 61 (matrimonial rights) as follows.

(2) For “matrimonial home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (matrimonial home))” substitute “ home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (rights in respect of matrimonial or civil partnership home)) ”.

(3) In the heading to section 61 for “Matrimonial” substitute “ Home ”.

Part 3 — Transitional provision

25

(1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)—

(a) to rights of occupation under, or within the meaning of, the Matrimonial Homes Act 1983 (c. 19), or

(b) to matrimonial home rights under, or within the meaning of, Part 4 of the Family Law Act 1996 (c. 27),

is to be construed, so far as is required for continuing the effect of the enactment, instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, Part 4 of the 1996 Act as amended by this Schedule.

(2) Any reference (however expressed) in Part 4 of the 1996 Act or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, Part 4 of the 1996 Act is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, the 1983 Act and to matrimonial home rights under, or within the meaning of, Part 4 of the 1996 Act without the amendments made by this Schedule.

SCHEDULE 10

SCHEDULE 11

Part 1 — Introductory

1

(1) This Schedule applies where—

(a) a civil partnership has been dissolved or annulled in a country or territory outside the British Islands by means of judicial or other proceedings (here the “overseas proceedings”), and

(b) the dissolution or annulment (here the “overseas determination”) is entitled to be recognised as valid in Scotland.

(2) This Schedule applies even if the date of the overseas determination is earlier than the date on which this Schedule comes into force.

Part 2 — Circumstances in which court may entertain application for financial provision

2

(1) Subject to sub-paragraph (3A), if the jurisdictional requirements and the conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied, the court may entertain an application by one of the former civil partners or former ostensible civil partners, (here “A”) for an order for financial provision.

(2) The jurisdictional requirements are—

(a) that A is domiciled or habitually resident in Scotland when the application is made,

(b) that the other former civil partner, or former ostensible civil partner, (here “B”)—

(i) is domiciled or habitually resident in Scotland when the application is made,

(ii) was domiciled or habitually resident in Scotland when A and B last lived together in civil partnership, or

(iii) when the application is made is an owner or tenant of, or has a beneficial interest in, property in Scotland which has at some time been a family home of A and B, and

(i) A or B is habitually resident in the sheriffdom, or

(ii) property mentioned in sub-paragraph (2)(b)(iii) is wholly or partially in the sheriffdom.

(3) The conditions are that—

(a) B initiated the overseas proceedings,

(b) the application is made within 5 years after the overseas determination takes effect,

(d) A and B are alive when the application is made, and

(e) (taking Part 3 of this Act to have been in force) a court in Scotland would have had jurisdiction to entertain an action for dissolution or annulment of the civil partnership, if such an action had been brought immediately before the overseas determination took effect.

(3A) 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 the application or that part of it except where permitted by Article 18

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

(5) In this paragraph “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.

Part 3 — Disposal of applications

3

(1) Subject to sub-paragraphs (2) to (5), Scots law applies in relation to an application made under paragraph 2 as it would apply were the application made in an action in Scotland for, as the case may be, dissolution or annulment of a civil partnership.

(2) In disposing of an application made under paragraph 2 the court must exercise its powers so as to place A and B, in so far as it is reasonable and practicable to do so, in the financial position in which they would have been had that application been disposed of, in such an action in Scotland, on the date when the overseas determination took effect.

(3) In determining what is reasonable and practicable for the purposes of sub-paragraph (2), the court must have regard in particular to—

(a) A and B’s respective resources, both present and foreseeable, at the date the application is disposed of,

(b) any order made by a foreign court in or in connection with the overseas proceedings, being an order—

(i) for the making of financial provision, in whatever form, by A for B or by B for A, or

(ii) for the transfer of property from A to B or from B to A.

(4) Subject to sub-paragraph (5), the court may make an order for an interim award of a periodical allowance where—

(a) it appears from A’s averments that in the disposal of the application an order for financial provision is likely to be made, and

(b) the court considers that such an interim award is necessary to avoid hardship to A.

(5) Where but for paragraph 2(2)(b)(iii) the court would not have jurisdiction to entertain the application, the court may make no order for financial provision other than an order—

(a) relating to the former family home or its furniture and plenishings, or

(b) that B must pay A a capital sum not exceeding the value of B’s interest in the former family home and its furniture and plenishings.

Part 4 — The expression “order for financial provision”

4

In this Schedule, “order for financial provision” means any one or more of the orders specified in section 8(1) of the Family Law (Scotland) Act 1985 (c. 37) or an order under section 111.

SCHEDULE 12

Absolute prohibitions

1

(1) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

Parent

Parent’s sibling

Sibling

Sibling’s child

(2) In the list “sibling” means a brother, sister, half-brother or half-sister.

Qualified prohibitions

2

(1) Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless—

(a) both of them have reached 21 at the time when they register as civil partners of each other, and

(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

(2) “Child of the family”, in relation to another person, means a person who—

(a) has lived in the same household as that other person, and

(b) has been treated by that other person as a child of his family.

3

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

SCHEDULE 13

Part 1 — Appropriate persons

1

Column 2 of the table specifies the appropriate persons (or person) to give consent to a young person whose circumstances fall within column 1 and who intends to register as the civil partner of another—

2

In the table the following expressions have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—

“care order”;

“Health and Social Care trust”;

“parental responsibility”;

“residence order”;

and in item 1 “any guardian of the young person” means any person falling within the definition of “guardian of a child” in Article 2(2) of that Order.

3

(1) This paragraph applies if—

(a) a young person and another person intend to register as civil partners of each other, and

(b) a county court is satisfied as mentioned in sub-paragraphs (3) and (4).

(2) A county court may make an order dispensing with the consent of any person whose consent is required.

(3) The court must be satisfied that the registration of the civil partnership is in the best interests of the young person.

(4) The court must be satisfied that—

(a) it is not reasonably practicable to obtain the consent of any person whose consent is required,

(b) any person whose consent is required withholds or refuses that consent, or

(5) An application for an order under this paragraph may be made—

(a) by or on behalf of the young person, or

(b) by or on behalf of the other person (who may be another young person) mentioned in sub-paragraph (1)(a),

and without the intervention of a next friend.

(6) The decision of the county court on any application made under this paragraph is final and conclusive.

Part 3 — Recording consents and orders

4

Any consent required by section 145(1) must be sent to the registrar.

5

Any order made under paragraph 3, or a certified copy of it, must be sent to the registrar.

6

The registrar must keep a record of—

(a) such particulars as may be prescribed, taken from each consent or order received by him, and

(b) the date on which each consent or order is received by him.

7

The record kept under paragraph 6 must be kept with the civil partnership notice book and section 140(5) (right of inspection) applies accordingly.

SCHEDULE 14

Part 1 — Wills

1

Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)) as follows.

2

In Article 4(1) (will made by person under 18 invalid unless he is or has been married), for “married” substitute “ a spouse or civil partner ”.

3

In Article 8(1) and (3) (avoidance of gifts to attesting witnesses and their spouses), after “spouse” (in each place) insert “ or civil partner ”.

4

In Article 9 (witnessing by creditor), after “spouse” insert “ or civil partner ”.

5

After Article 13 insert—

(13A) (1) Subject to paragraphs (2) to (6), a will is revoked by the formation of a civil partnership between the testator and another person. (2) A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator’s personal representatives. (3) If it appears from a will— (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and (b) that he intended that the will should not be revoked by the formation of the civil partnership, the will is not revoked by its formation. (4) Paragraphs (5) and (6) apply if it appears from a will— (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and (b) that he intended that a gift in the will should not be revoked by the formation of the civil partnership. (5) The gift takes effect despite the formation of the civil partnership. (6) Any other gift in the will also takes effect, unless it appears from the will that the testator intended the gift to be revoked by the formation of the civil partnership. (13B) (1) This Article applies if, after a testator has made a will— (a) a court of civil jurisdiction in Northern Ireland dissolves his civil partnership or makes a nullity order in respect of it, or (b) his civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in Northern Ireland under Chapter 3 of Part 5 of the Civil Partnership Act 2004. (2) Subject to any contrary intention appearing from the will— (a) provisions of the will appointing executors or trustees or conferring a power of appointment, if they appoint or confer the power on the former civil partner, take effect as if the former civil partner had died on the date on which the civil partnership is dissolved or annulled, and (b) except as provided in paragraph (3), any property comprising or included in a gift to the former civil partner passes as if the former civil partner had died on that date. (3) Where property comprising or included in a gift to the former civil partner is a share of residue, the will takes effect as if the gift of the residue were to the other person or persons entitled to it (and, if more than one, in such shares as to preserve the ratio of their former shares), to the exclusion of the former civil partner. (4) Paragraph (2)(b) does not affect any right of the former civil partner to apply for financial provision under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8)).

6

In Article 14 (revocation), in paragraph (1)(a), after “Article 12 (marriage)” insert “ or Article 13A (civil partnership) ”.

7

(1) Amend Article 23 (presumption as to effect of gift to spouses) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In the heading to Article 23, after “spouses” insert “ or civil partners ”.

8

In Article 27(3) (construction and effect of references to failure of issue), after “married” insert “ or formed a civil partnership ”.

Part 2 — Administration of estates and family provision

Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))

9

(1) Amend section 6A (spouse dying within 28 days of intestate) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In the sidenote to section 6A, after “Spouse” insert “ or civil partner ”.

10

(1) Amend section 7 (rights of surviving spouse) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In subsection (7), after “husband” insert “ , or of section 180 of the Civil Partnership Act 2004 ”.

(4) In the sidenote to section 7, after “spouse” insert “ or civil partner ”.

11

In section 8 (rights of issue), after “spouse” insert “ or civil partner ”.

12

In section 9 (rights of parents), after “spouse” insert “ or civil partner ”.

13

In section 10 (rights of brothers and sisters and their issue), after “spouse” (in both places) insert “ or civil partner ”.

14

In section 11 (rights of next-of-kin), in subsection (1) after “neither spouse” insert “ nor civil partner ”.

15

In section 38 (power to appoint trustees of infant’s property), in subsection (5) after “marries” insert “ , or forms a civil partnership, ”.

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8))

16

(1) Amend Article 2 (interpretation) as follows.

(2) In paragraph (2), after the definition of “child” insert—

“civil partnership proceedings county court” has the same meaning as in the Civil Partnership Act 2004;

(3) In that paragraph, in the definition of “former wife” and “former husband”, for “ “former wife” or “former husband”” substitute “ “former spouse” ”.

(4) In that paragraph, before that definition insert—

“former civil partner” means a person whose civil partnership with the deceased was during the lifetime of the deceased either— (a) dissolved or annulled by an order made under the law of any part of the United Kingdom or the Channel Islands or the Isle of Man, or (b) dissolved or annulled in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man by a dissolution or annulment which is entitled to be recognised as valid by the law of Northern Ireland;

(5) In that paragraph, in the definition of “reasonable financial provision”, after paragraph (a) insert—

(aa) in the case of an application made by virtue of Article 3(1)(a) by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force in relation to the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance;

(6) In paragraph (5)—

(a) before “wife” insert “ spouse, ”, and

(b) in sub-paragraph (b), for “entered into a later marriage” substitute “ formed a subsequent marriage or civil partnership ”.

(7) For paragraph (6) substitute—

(5A) For the purposes of this Order any reference to a civil partner shall be treated as including a reference to a person who in good faith formed a void civil partnership with the deceased unless either— (a) the civil partnership between the deceased and that person was dissolved or annulled during the lifetime of the deceased and the dissolution or annulment is recognised by the law of Northern Ireland, or (b) that person has during the lifetime of the deceased formed a subsequent civil partnership or marriage. (6) Any reference in this Order to the formation of, or to a person who has formed, a subsequent marriage or civil partnership includes (as the case may be) a reference to the formation of, or to a person who has formed, a marriage or civil partnership which is by law void or voidable. (6A) The formation of a marriage or civil partnership shall be treated for the purposes of this Order as the formation of a subsequent marriage or civil partnership, in relation to either of the spouses or civil partners, notwithstanding that the previous marriage or civil partnership of that spouse or civil partner was void or voidable.

17

(1) Amend Article 3 (application for financial provision from deceased person’s estate) as follows.

(2) For paragraph (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—

(a) the spouse or civil partner of the deceased; (b) a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;

(3) In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after “paragraph (1A)” insert “ or (1B) ”.

(4) In paragraph (1)(d) (application may be made by child of the family), after “marriage” (in each place) insert “ or civil partnership ”.

(5) After paragraph (1A) insert—

(1B) This paragraph applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living— (a) in the same household as the deceased, and (b) as the civil partner of the deceased.

18

In Article 4(1) (orders which may be made on an application), after sub-paragraph (f) insert—

(g) an order varying any settlement made— (i) during the subsistence of a civil partnership formed by the deceased, or (ii) in anticipation of the formation of a civil partnership by the deceased, on the civil partners (including such a settlement made by will), the variation being for the benefit of the surviving civil partner, or any child of both the civil partners, or any person who was treated by the deceased as a child of the family in relation to that civil partnership.

19

(1) Amend Article 5(2) (application by spouse or former spouse: matters to which court is to have regard) as follows.

(2) For the words from the beginning to “or (b)” substitute— “ This paragraph applies, without prejudice to the generality of sub-paragraph (g) of paragraph (1), where an application for an order under Article 4 is made by virtue of Article 3(1)(a) or (b). ”

(3) The words from “the court shall, in addition” to the end of sub-paragraph (b) shall become a second sentence of the paragraph and, in sub-paragraph (a) of the sentence so formed, after “duration of the marriage” insert “ or civil partnership ”.

(4) The words from “in the case of an application by the wife or husband” to the end shall become a third sentence of the paragraph, omitting the immediately preceding “and”.

(5) At the end insert the following sentence— “ In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order. ”

20

In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after “wife” insert “ or civil partner ”.

21

(1) In Article 8(3) and (10) (variation etc. of orders which cease on occurrence of specified event other than remarriage of former spouse), for “(other than the remarriage of a former wife or former husband)” substitute “ (other than the formation of a subsequent marriage or civil partnership by a former spouse or former civil partner) ”.

(2) In Article 8(9), for “or (f)” substitute “ (f) or (g) ”.

22

After Article 16 insert—

(16A) (1) Paragraph (2) applies where— (a) a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of Part 4 of the Civil Partnership Act 2004 in relation to a civil partnership, (b) one of the civil partners dies within twelve months from the date on which the order is made, and (c) either— (i) an application for a financial provision order under Part 1 of Schedule 15 to that Act or a property adjustment order under Part 2 of that Schedule has not been made by the other civil partner, or (ii) such an application has been made but the proceedings on the application have not been determined at the time of the death of the deceased. (2) If an application for an order under Article 4 is made by the surviving civil partner, the court shall, notwithstanding anything in Article 3 or 5, have power, if it thinks it just to do so, to treat the surviving civil partner as if the order mentioned in paragraph (1)(a) had not been made. (3) This Article shall not apply in relation to a separation order unless at the date of the death of the deceased the separation order was in force and the separation was continuing.

23

After Article 17 insert—

(17ZA) (1) On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004, or at any time after making such an order, the High Court or a civil partnership proceedings county court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under Article 4. (2) In the case of a dissolution order, nullity order or presumption of death order (“the main order”) an order may be made under paragraph (1) before (as well as after) the main order is made final, but if made before the main order is made final it shall not take effect unless the main order is made final. (3) Where an order under paragraph (1) made in connection with a dissolution order, nullity order or presumption of death order has come into force with respect to a civil partner, then, on the death of the other civil partner, the court shall not entertain any application for an order under Article 4 made by the surviving civil partner. (4) Where an order under paragraph (1) made in connection with a separation order has come into force with respect to a civil partner, then, if the other civil partner dies while the separation order is in force and the separation is continuing, the court shall not entertain any application for an order under Article 4 made by the surviving civil partner.

24

After Article 17A insert—

(17B) (1) On making an order under paragraph 9 of Schedule 17 to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and pension-sharing following overseas dissolution etc. of civil partnership) the High Court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under Article 4. (2) Where an order under paragraph (1) has been made with respect to one of the civil partners in a case where a civil partnership has been dissolved or annulled, then, on the death of the other civil partner, the court shall not entertain an application under Article 4 made by the surviving civil partner. (3) Where an order under paragraph (1) has been made with respect to one of the civil partners in a case where civil partners have been legally separated, then, if the other civil partner dies while the legal separation is in force, the court shall not entertain an application under Article 4 made by the surviving civil partner.

25

In Article 18(1) (power to vary secured periodical payments orders)—

(a) after “Matrimonial Causes (Northern Ireland) Order 1978” insert “ or Schedule 15 to the Civil Partnership Act 2004 ”, and

(b) after “that Order” insert “ or Part 10 of that Schedule ”.

26

In Article 19(4) (meaning of “maintenance agreement”)—

(a) for “entered into a marriage” substitute “ formed a marriage or civil partnership ”,

(b) after “of the parties to that marriage” insert “ or of the civil partners ”, and

27

After Article 20 insert—

(20A) (1) Where— (a) a person against whom a secured periodical payments order was made under Schedule 15 to the Civil Partnership Act 2004 has died and an application is made under paragraph 53 of that Schedule for the variation or discharge of that order or for the revival of the operation of any suspended provision of the order, or (b) a party to a maintenance agreement within the meaning of Part 12 of that Schedule has died, the agreement being one which provides for the continuation of payments under the agreement after the death of one of the parties, and an application is made under paragraph 66 of that Schedule for the alteration of the agreement under paragraph 62 of that Schedule, the court to which the application is made under paragraph 53 or 66 shall have power to direct that the application shall be deemed to have been accompanied by an application for an order under Article 4. (2) Where the court to which an application is made under paragraph 53 or 66 gives a direction under paragraph (1), that court shall have power— (a) to make any order which the court would have had power to make under the provisions of this Order if the application under paragraph 53 or 66 had been made jointly with an application for an order under Article 4; and (b) to give such consequential directions as may be necessary for enabling it to exercise any of the powers available to it under this Order in the case of an application for an order under Article 4. (3) Where an order made under Article 17ZA(1) is in force with respect to a civil partner, a direction shall not be given under paragraph (1) with respect to any application made under paragraph 53 or 66 by that civil partner on the death of the other civil partner.

28

(1) Amend Article 21 (effect, duration and form of orders) as follows.

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

(3) In paragraph (2), after sub-paragraph (b) insert

or (c) an applicant who was the civil partner of the deceased in a case where, at the date of death, a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force in relation to their civil partnership and the separation was continuing,

(4) In that paragraph, in the words after sub-paragraph (b), for “on the remarriage of the applicant” onwards substitute “ on the formation by the applicant of a subsequent marriage or civil partnership, except in relation to any arrears due under the order on the date of the formation of the subsequent marriage or civil partnership. ”

SCHEDULE 15

Part 1 — Financial provision in connection with dissolution, nullity or separation

Circumstances in which orders under this Part may be made

1

(1) The court may make any one or more of the orders set out in paragraph 2(1)—

(a) on making a dissolution, nullity or separation order, or

(b) at any time afterwards.

(2) The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)—

(a) in proceedings for a dissolution, nullity or separation order, before making the order;

(b) if proceedings for a dissolution, nullity or separation order are dismissed after the beginning of the trial, either straightaway or within a reasonable period after the dismissal.

(3) The power of the court to make an order under sub-paragraph (1) or (2)(a) in favour of a child of the family is exercisable from time to time.

(4) If the court makes an order in favour of a child under sub-paragraph (2)(b), it may from time to time make a further order in the child’s favour of any of the kinds set out in paragraph 2(1)(d), (e) or (f).

(5) If the court makes an order under sub-paragraph (1), (2) or (4), it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the disposal of any property).

The orders: periodical and secured periodical payments and lump sums

2

(1) The orders are—

(a) an order that either civil partner must make to the other such periodical payments for such term as may be specified;

(b) an order that either civil partner must secure to the other, to the satisfaction of the court, such periodical payments for such term as may be specified;

(d) an order that one of the civil partners must make—

(i) to such person as may be specified for the benefit of a child of the family, or

(ii) to a child of the family,

such periodical payments for such term as may be specified;

(e) an order that one of the civil partners must secure—

(i) to such person as may be specified for the benefit of a child of the family, or

(ii) to a child of the family,

to the satisfaction of the court, such periodical payments for such term as may be specified;

(f) an order that one of the civil partners must pay such lump sum as may be specified—

(i) to such person as may be specified for the benefit of a child of the family, or

(ii) to a child of the family.

(2) “Specified” means specified in the order.

Particular provision that may be made by lump sum orders

3

(1) An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining—

(a) himself or herself, or

(b) a child of the family,

before making an application for an order under this Part in his or her favour.

(2) An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met.

(3) An order under this Part for the payment of a lump sum may—

(a) provide for its payment by instalments of such amount as may be specified, and

(b) require the payment of the instalments to be secured to the satisfaction of the court.

(4) Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (f).

(5) If the court—

(a) makes an order under this Part for the payment of a lump sum, and

(b) directs that—

(i) payment of the sum or any part of it is to be deferred, or

(ii) the sum or any part of it is to be paid by instalments,

it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due

(6) A date specified under sub-paragraph (5) must not be earlier than the date of the order.

(7) “Specified” means specified in the order.

When orders under this Part may take effect

4

(1) If an order is made under paragraph 2(1)(a), (b) or (c) on or after making a dissolution or nullity order, neither the order nor any settlement made in pursuance of it takes effect unless the dissolution or nullity order has been made final.

(2) This paragraph does not affect the power of the court to give a direction under paragraph 71 (settlement of instrument by conveyancing counsel).

Restrictions on making of orders under this Part

5

The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to paragraph 44(1) and (5) (restrictions on orders in favour of children who have reached 18).

Part 2 — Property adjustment on or after dissolution, nullity or separation

Circumstances in which property adjustment orders may be made

6

(1) The court may make one or more property adjustment orders—

(a) on making a dissolution, nullity or separation order, or

(b) at any time afterwards.

(2) In this Schedule “property adjustment order” means a property adjustment order under this Part.

Property adjustment orders

7

(1) The property adjustment orders are—

(a) an order that one of the civil partners must transfer such property as may be specified, being property to which he is entitled—

(i) to the other civil partner,

(ii) to a child of the family, or

(iii) to such person as may be specified for the benefit of a child of the family;

(b) an order that a settlement of such property as may be specified, being property to which one of the civil partners is entitled, be made to the satisfaction of the court for the benefit of—

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

(ii) either or any of them;

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

(ii) either or any of them,

a relevant settlement;

(d) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement.

(2) The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family.

(3) If the court makes a property adjustment order, it may 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).

(4) In this paragraph—

“entitled” means entitled in possession or reversion,

“relevant settlement” means, in relation to a civil partnership, a settlement made, during its subsistence or in anticipation of its formation, on the civil partners including one made by will or codicil, but not including one in the form of a pension arrangement (within the meaning of Part 3), and

“specified” means specified in the order.

When property adjustment orders may take effect

8

(1) If a property adjustment order is made on or after making a dissolution or nullity order, neither the property adjustment order nor any settlement made under it takes effect unless the dissolution or nullity order has been made final.

(2) This paragraph does not affect the power to give a direction under paragraph 71 (settlement of instrument by conveyancing counsel).

Restrictions on making property adjustment orders

9

The power to make a property adjustment order under paragraph 7(1)(a) is subject to paragraph 44(1) and (5) (restrictions on making orders in favour of children who have reached 18).

10

(1) The court may make a pension sharing order—

(a) on making a dissolution or nullity order, or

(b) at any time afterwards.

(2) In this Schedule “pension sharing order” means a pension sharing order under this Part.

11

(1) A pension sharing order is an order which—

(a) provides that one civil partner's—

(i) shareable rights under a specified pension arrangement, or

(ii) shareable state scheme rights,

are to be subject to pension sharing for the benefit of the other civil partner, and

(b) specifies the percentage value to be transferred.

(2) Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

(a) Chapter 1 of Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), or

(b) Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30).

(3) Shareable state scheme rights are rights in relation to which pension sharing is available under—

(a) Chapter 2 of Part 5 of the 1999 Order, or

(b) Chapter 2 of Part 4 of the 1999 Act.

(4) In this Part “pension arrangement” means—

(a) an occupational pension scheme,

(b) a personal pension scheme,

(d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

(i) an occupational pension scheme, or

(ii) a personal pension scheme, and

(e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

(i) Article 26(1)(b) of the 1999 Order, or

(ii) section 29(1)(b) of the 1999 Act.

(5) In sub-paragraph (4)—

“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

“personal pension scheme” has the same meaning as in the 1993 Act;

“retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).

12

If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—

(a) Article 38 of the 1999 Order (charges in respect of pension sharing costs), or

(b) section 41 of the 1999 Act.

13

(1) A pension sharing order may not be made in relation to a pension arrangement which—

(a) is the subject of a pension sharing order in relation to the civil partnership, or

(b) has been the subject of pension sharing between the civil partners.

(2) A pension sharing order may not be made in relation to shareable state scheme rights if—

(a) such rights are the subject of a pension sharing order in relation to the civil partnership, or

(b) such rights have been the subject of pension sharing between the civil partners.

(3) A pension sharing order may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Part 5 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.

14

(1) A pension sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final.

(2) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.

(3) The power to make regulations under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) Regulations under sub-paragraph (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Part 4 — Matters to which court is to have regard under Parts 1 to 3A

General

15

The court in deciding—

(a) whether to exercise its powers under—

(i) Part 1 (financial provision on dissolution etc.),

(ii) Part 2 (property adjustment orders), . . .

(iii) any provision of Part 3 (pension sharing orders) other than paragraph 12 (apportionment of charges), or

(iv) any provision of Part 3A (pension compensation sharing orders) other than paragraph 14C (apportionment of charges), and

(b) if so, in what way,

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.

Particular matters to be taken into account when exercising powers in relation to civil partners

16

(1) This paragraph applies to the exercise by the court in relation to a civil partner of its powers under—

(a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(a), (b) or (c),

(b) Part 2 (property adjustment orders), . . .

(d) Part 3A (pension compensation sharing orders).

(2) The court must in particular have regard to—

(a) the income, earning capacity, property and other financial resources which each civil partner—

(i) has, or

(ii) is likely to have in the foreseeable future,

including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect the civil partner to take steps to acquire;

(b) the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future;

(d) the age of each civil partner and the duration of the civil partnership;

(e) any physical or mental disability of either of the civil partners;

(f) the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g) the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

(h) in the case of proceedings for a dissolution or nullity order, the value to each civil partner of any benefit which, because of the dissolution or annulment of the civil partnership, that civil partner will lose the chance of acquiring.

Particular matters to be taken into account when exercising powers in relation to children

17

(1) This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—

(a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f), or

(b) Part 2 (property adjustment orders).

(2) The court must in particular have regard to—

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(d) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

(e) the considerations mentioned in relation to the civil partners in paragraph 16(2)(a), (b), (c) and (e).

(3) In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—

(a) whether A has assumed any responsibility for the child’s maintenance,

(b) if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;

(d) the liability of any other person to maintain the child.

Terminating considerations

18

(1) Sub-paragraphs (2) and (3) apply if, on or after the making of a dissolution or nullity order, the court decides to exercise its powers under—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Civil Partnership Act 2004

61

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

62

63

Commonhold and Leasehold Reform Act 2002 (c. 15)

64

65

66

SCHEDULE 9

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

Part 2 — Consequential amendments

Land Compensation Act 1973 (c. 26)

17

Housing Act 1985 (c. 68)

18

19

20

Insolvency Act 1986 (c. 45)

21

22

Housing Act 1988 (c. 50)

23

Commonhold and Leasehold Reform Act 2002 (c. 15)

24

Part 3 — Transitional provision

25

SCHEDULE 10

SCHEDULE 11

Part 1 — Introductory

1

Part 2 — Circumstances in which court may entertain application for financial provision

2

Part 3 — Disposal of applications

3

Part 4 — The expression “order for financial provision”

4

SCHEDULE 12

Absolute prohibitions

1

Qualified prohibitions

2

3

SCHEDULE 13

Part 1 — Appropriate persons

1

2

Part 2 — Dispensing with consent

Order dispensing with consent

3

Part 3 — Recording consents and orders

4

5

6

7

SCHEDULE 14

Part 1 — Wills

1

2

3

4

5

6

7