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Royal ArmsCivil Partnership Act 2004

2004 Chapter 33


 

© Crown Copyright 2004

Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Civil Partnership Act 2004, ISBN 0 10 543304 7.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


  
Civil Partnership Act 2004

2004 Chapter 33

 
 
 
CONTENTS

PART 1
INTRODUCTION
Section 
1Civil partnership

PART 2
CIVIL PARTNERSHIP: ENGLAND AND WALES
CHAPTER 1
REGISTRATION
Formation, eligibility and parental etc. consent
2Formation of civil partnership by registration
3Eligibility
4Parental etc. consent where proposed civil partner under 18

Registration procedure: general
5Types of pre-registration procedure
6Place of registration
7The civil partnership document

The standard procedure
8Notice of proposed civil partnership and declaration
9Power to require evidence of name etc.
10Proposed civil partnership to be publicised
11Meaning of "the waiting period"
12Power to shorten the waiting period
13Objection to proposed civil partnership
14Issue of civil partnership schedule
15Appeal against refusal to issue civil partnership schedule
16Frivolous objections and representations: liability for costs etc.
17Period during which registration may take place

The procedures for house-bound and detained persons
18House-bound persons
19Detained persons

Modified procedures for certain non-residents
20Modified procedures for certain non-residents

The special procedure
21Notice of proposed civil partnership
22Evidence to be produced
23Application to be reported to Registrar General
24Objection to issue of Registrar General's licence
25Issue of Registrar General's licence
26Frivolous objections: liability for costs
27Period during which registration may take place

Supplementary
28Registration authorities
29Civil partnership registrars
30The Registrar General and the register
31Offences relating to civil partnership schedule
32Offences relating to Registrar General's licence
33Offences relating to the recording of civil partnerships
34Fees
35Power to assimilate provisions relating to civil registration
36Regulations and orders

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS
Introduction
37Powers to make orders and effect of orders
38The period before conditional orders may be made final
39Intervention of the Queen's Proctor
40Proceedings before order has been made final
41Time bar on applications for dissolution orders
42Attempts at reconciliation of civil partners
43Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership
44Dissolution of civil partnership which has broken down irretrievably
45Supplemental provisions as to facts raising presumption of breakdown
46Dissolution order not precluded by previous separation order etc.
47Refusal of dissolution in 5 year separation cases on ground of grave hardship
48Proceedings before order made final: protection for respondent in separation cases

Nullity
49Grounds on which civil partnership is void
50Grounds on which civil partnership is voidable
51Bars to relief where civil partnership is voidable
52Proof of certain matters not necessary to validity of civil partnership
53Power to validate civil partnership
54Validity of civil partnerships registered outside England and Wales

Presumption of death orders
55Presumption of death orders

Separation orders
56Separation orders
57Effect of separation order

Declarations
58Declarations
59General provisions as to making and effect of declarations
60The Attorney General and proceedings for declarations
61Supplementary provisions as to declarations

General provisions
62Relief for respondent in dissolution proceedings
63Restrictions on making of orders affecting children
64Parties to proceedings under this Chapter

CHAPTER 3
PROPERTY AND FINANCIAL ARRANGEMENTS
65Contribution by civil partner to property improvement
66Disputes between civil partners about property
67Applications under section 66 where property not in possession etc.
68Applications under section 66 by former civil partners
69Actions in tort between civil partners
70Assurance policy by civil partner for benefit of other civil partner etc.
71Wills, administration of estates and family provision
72Financial relief for civil partners and children of family

CHAPTER 4
CIVIL PARTNERSHIP AGREEMENTS
73Civil partnership agreements unenforceable
74Property where civil partnership agreement is terminated

CHAPTER 5
CHILDREN
75Parental responsibility, children of the family and relatives
76Guardianship
77Entitlement to apply for residence or contact order
78Financial provision for children
79Adoption

CHAPTER 6
MISCELLANEOUS
80False statements etc. with reference to civil partnerships
81Housing and tenancies
82Family homes and domestic violence
83Fatal accidents claims
84Evidence

PART 3
CIVIL PARTNERSHIP: SCOTLAND
CHAPTER 1
FORMATION AND ELIGIBILITY
85Formation of civil partnership by registration
86Eligibility

CHAPTER 2
REGISTRATION
87Appointment of authorised registrars
88Notice of proposed civil partnership
89Civil partnership notice book
90Publicisation
91Early registration
92Objections to registration
93Place of registration
94The civil partnership schedule
95Further provision as to registration
96Civil partnership with former spouse
97Certificates of no impediment for Part 2 purposes
98Application of certain sections of 1965 Act to civil partnership register
99Correction of errors in civil partnership register
100Offences

CHAPTER 3
OCCUPANCY RIGHTS AND TENANCIES
Occupancy rights
101Occupancy rights
102Occupancy: subsidiary and consequential rights
103Regulation by court of rights of occupancy of family home
104Exclusion orders
105Duration of orders under sections 103 and 104
106Continued exercise of occupancy rights after dealing
107Dispensation with civil partner's consent to dealing
108Interests of heritable creditors
109Provisions where both civil partners have title
110Rights of occupancy in relation to division and sale
111Adjudication

Transfer of tenancy
112Transfer of tenancy

CHAPTER 4
INTERDICTS
113Civil partners: competency of interdict
114Attachment of powers of arrest to relevant interdicts
115Police powers after arrest
116Procedure after arrest

CHAPTER 5
DISSOLUTION, SEPARATION AND NULLITY
Dissolution and separation
117Dissolution
118Encouragement of reconciliation
119Effect of resumption of cohabitation
120Separation
121Dissolution following on decree of separation
122Registration of dissolution of civil partnership

Nullity
123Nullity
124Validity of civil partnerships registered outside Scotland

Financial provision after overseas proceedings
125Financial provision after overseas dissolution or annulment

CHAPTER 6
MISCELLANEOUS AND INTERPRETATION
Miscellaneous
126Regulations
127Attachment
128Promise or agreement to enter into civil partnership
129Lord Advocate as party to action for nullity or dissolution of civil partnership
130Civil partner of accused a competent witness
131Succession: legal rights arising by virtue of civil partnership
132Assurance policies
133Council Tax: liability of civil partners
134General provisions as to fees

Interpretation
135Interpretation of this Part
136The expression "relative" in the 1965 Act

PART 4
CIVIL PARTNERSHIP: NORTHERN IRELAND
CHAPTER 1
REGISTRATION
Formation and eligibility
137Formation of civil partnership by registration
138Eligibility

Preliminaries to registration
139Notice of proposed civil partnership
140Civil partnership notice book and list of intended civil partnerships
141Power to require evidence of name etc.
142Objections
143Civil partnership schedule
144Place of registration

Young persons
145Parental etc. consent where proposed civil partner under 18

Supplementary
146Validity of registration
147Corrections and cancellations
148Interpreters
149Detained persons
150Certificates of no impediment for Part 2 purposes
151Registration districts and registration authorities
152Registrars and other staff
153Records and documents to be sent to Registrar General
154Annual report
155Searches
156Proof of civil partnership for purposes of certain statutory provisions
157Fees
158Offences
159Regulations
160Interpretation

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS
Introduction
161Powers to make orders and effect of orders
162The period before conditional orders may be made final
163Intervention by the Crown Solicitor
164Proceedings before order has been made final
165Time bar on applications for dissolution orders
166Attempts at reconciliation of civil partners
167Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership
168Dissolution of civil partnership which has broken down irretrievably
169Supplemental provisions as to facts raising presumption of breakdown
170Dissolution order not precluded by previous separation order etc.
171Refusal of dissolution in 5 year separation cases on ground of grave hardship
172Proceedings before order made final: protection for respondent in separation cases

Nullity
173Grounds on which civil partnership is void
174Grounds on which civil partnership is voidable
175Bars to relief where civil partnership is voidable
176Proof of certain matters not necessary to validity of civil partnership
177Validity of civil partnerships registered outside Northern Ireland

Presumption of death orders
178