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Civil Partnership Act 2004

Civilian Law Military Law and Codes - Civilian Law

Article Index
Civil Partnership Act 2004
Part 1 Civil Partnership Act 2004
Part 2 - Civil Partnership Act 2004
Part 4 - Civil Partnership Act 2004
Part 5 Civil Parnership Act 2004
Recognition of partnerships registered overseas
All Pages

The complete text of the Civil Partnership Act, passed by Parliament and given Royal Assent with little more than a whisper, is reproduced below in abstract.

Civil Partnership Act 2004


An Act to make provision for and in connection with civil partnership.

[18th November 2004]


BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-


(sections in BOLD are included online on this page; the full text of the act can be retrieved from www.parliament.uk)

PART 1
INTRODUCTION
Section
1 Civil partnership

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

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

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

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

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

The special procedure
21 Notice of proposed civil partnership
22 Evidence to be produced
23 Application to be reported to Registrar General
24 Objection to issue of Registrar General's licence
25 Issue of Registrar General's licence
26 Frivolous objections: liability for costs
2
7 Period during which registration may take place

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

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

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

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

Presumption of death orders
55 Presumption of death orders

Separation orders
56 Separation orders
57 Effect of separation order

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

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

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

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

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

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

PART 5
CIVIL PARTNERSHIP FORMED OR DISSOLVED ABROAD ETC.
CHAPTER 1
REGISTRATION OUTSIDE UK UNDER ORDER IN COUNCIL
210 Registration at British consulates etc.
211 Registration by armed forces personnel

CHAPTER 2
OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS
212 Meaning of "overseas relationship"
213 Specified relationships
214 The general conditions
215 Overseas relationships treated as civil partnerships: the general rule
216 The same-sex requirement
217 Person domiciled in a part of the United Kingdom
218 The public policy exception

CHAPTER 3
DISSOLUTION ETC.: JURISDICTION AND RECOGNITION
Introduction
219 Power to make provision corresponding to EC Regulation 2201/2003

Jurisdiction of courts in England and Wales
220 Meaning of "the court"
221 Proceedings for dissolution, separation or nullity order
222 Proceedings for presumption of death order
223 Proceedings for dissolution, nullity or separation order: supplementary
224 Applications for declarations as to validity etc.

Jurisdiction of Scottish courts
225 Jurisdiction of Scottish courts
226 Sisting of proceedings
227 Scottish ancillary and collateral orders

Jurisdiction of courts in Northern Ireland
228 Meaning of "the court"
229 Proceedings for dissolution, separation or nullity order
230 Proceedings for presumption of death order
231 Proceedings for dissolution, nullity or separation order: supplementary
232 Applications for declarations as to validity etc.

Recognition of dissolution, annulment and separation
233 Effect of dissolution, annulment or separation obtained in the UK
234 Recognition in the UK of overseas dissolution, annulment or separation
235 Grounds for recognition
236 Refusal of recognition
237 Supplementary provisions relating to recognition of dissolution etc.
238 Non-recognition elsewhere of dissolution or annulment

CHAPTER 4
MISCELLANEOUS AND SUPPLEMENTARY
239 Commanding officers' certificates for Part 2 purposes
240 Certificates of no impediment to overseas relationships
241 Transmission of certificates of registration of overseas relationships
242 Power to make provision relating to certain Commonwealth forces
243 Fees
244 Orders in Council: supplementary
245 Interpretation

PART 6
RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP
246 Interpretation of statutory references to stepchildren etc.
247 Provisions to which section 246 applies: Acts of Parliament etc.
248 Provisions to which section 246 applies: Northern Ireland

PART 7
MISCELLANEOUS
249 Immigration control and formation of civil partnerships
250 Gender recognition where applicant a civil partner
251 Discrimination against civil partners in employment field
252 Discrimination against civil partners in employment field: Northern Ireland
253 Civil partners to have unlimited insurable interest in each other
254 Social security, child support and tax credits
255 Power to amend enactments relating to pensions
256 Amendment of certain enactments relating to pensions
257 Amendment of certain enactments relating to the armed forces

PART 8
SUPPLEMENTARY
258 Regulations and orders
259 Power to make further provision in connection with civil partnership
260 Community obligations and civil partners
261 Minor and consequential amendments, repeals and revocations
262 Extent
263 Commencement
264 Short title


Schedule 1 - Prohibited degrees of relationship: England and Wales
Part 1 - The prohibitions
Part 2 - Special provisions relating to qualified prohibitions
Schedule 2 - Civil partnerships of persons under 18: England and Wales
Part 1 - Appropriate persons
Part 2 - Obtaining consent: general
Part 3 - Obtaining consent: special procedure
Part 4 - Provisions relating to the court
Schedule 3 - Registration by former spouses one of whom has changed sex
Schedule 4 - Wills, administration of estates and family provision
Part 1 - Wills
Part 2 - Administration of estates and family provision
Schedule 5 - Financial relief in the High Court or a county court etc.
Part 1 - Financial provision in connection with dissolution, nullity or separation
Part 2 - Property adjustment on or after dissolution, nullity or separation
Part 3 - Sale of property orders
Part 4 - Pension sharing orders on or after dissolution or nullity order
Part 5 - Matters to which court is to have regard under Parts 1 to 4
Part 6 - Making of Part 1 orders having regard to pension benefits
Part 7 - Pension protection fund compensation etc.
Part 8 - Maintenance pending outcome of dissolution, nullity or separation proceedings
Part 9 - Failure to maintain: financial provision (and interim orders)
Part 10 - Commencement of certain proceedings and duration of certain orders
Part 11 - Variation, discharge etc. of certain orders for financial relief
Part 12 - Arrears and repayments
Part 13 - Consent orders and maintenance agreements
Part 14 - Miscellaneous and supplementary
Schedule 6 - Financial relief in magistrates' courts etc.
Part 1 - Failure to maintain etc.: financial provision
Part 2 - Orders for agreed financial provision
Part 3 - Orders of court where civil partners living apart by agreement
Part 4 - Interim orders
Part 5 - Commencement and duration of orders under Parts 1, 2 and 3
Part 6 - Variation etc. of orders
Part 7 - Arrears and repayments
Part 8 - Supplementary
Schedule 7 - Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 1 - Financial relief
Part 2 - Steps to prevent avoidance prior to application for leave under paragraph 4
Part 3 - Supplementary
Schedule 8 - Housing and tenancies
Schedule 9 - Family homes and domestic violence
Part 1 - Amendments of the Family Law Act 1996 (c. 27)
Part 2 - Consequential amendments
Part 3 - Transitional provision
Schedule 10 - Forbidden degrees of relationship: Scotland
Schedule 11 - Financial provision in Scotland after overseas proceedings
Part 1 - Introductory
Part 2 - Circumstances in which court may entertain application for financial provision
Part 3 - Disposal of applications
Part 4 - The expression "order for financial provision"
Schedule 12 - Prohibited degrees of relationship: Northern Ireland
Schedule 13 - Civil partnerships of persons under 18: Northern Ireland
Part 1 - Appropriate persons
Part 2 - Dispensing with consent
Part 3 - Recording consents and orders
Schedule 14 - Wills, administration of estates and family provision: Northern Ireland
Part 1 - Wills
Part 2 - Administration of estates and family provision
Schedule 15 - Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1 - Financial provision in connection with dissolution, nullity or separation
Part 2 - Property adjustment on or after dissolution, nullity or separation
Part 3 - Pension sharing orders on or after dissolution or nullity order
Part 4 - Matters to which court is to have regard under Parts 1 to 3
Part 5 - Making of Part 1 orders having regard to pension benefits
Part 6 - Pension protection fund compensation etc.
Part 7 - Maintenance pending outcome of dissolution, nullity or separation proceedings
Part 8 - Failure to maintain: financial provision (and interim orders)
Part 9 - Commencement of certain proceedings and duration of certain orders
Part 10 - Variation, discharge etc. of certain orders for financial relief
Part 11 - Arrears and repayments
Part 12 - Consent orders and maintenance agreements
Part 13 - Miscellaneous and supplementary
Schedule 16 - Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 1 - Failure to maintain etc.: financial provision
Part 2 - Orders for agreed financial provision
Part 3 - Orders of court where civil partners living apart by agreement
Part 4 - Interim orders
Part 5 - Commencement and duration of orders under Parts 1, 2 and 3
Part 6 - Variation etc. of orders
Part 7 - Arrears and repayments
Part 8 - Supplementary
Schedule 17 - Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1 - Financial relief
Part 2 - Steps to prevent avoidance prior to application for leave under paragraph 4
Part 3 - Supplementary
Schedule 18 - Housing and tenancies: Northern Ireland
Schedule 19 - Family homes and domestic violence: Northern Ireland
Part 1 - Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
Part 2 - Consequential amendments
Part 3 - Transitional provision
Schedule 20 - Meaning of overseas relationship: specified relationships
Schedule 21 - References to stepchildren etc. in existing Acts
Schedule 22 - References to stepchildren etc. in existing Northern Ireland legislation
Schedule 23 - Immigration control and formation of civil partnerships
Part 1 - Introduction
Part 2 - England and Wales
Part 3 - Scotland
Part 4 - Northern Ireland
Part 5 - Regulations
Schedule 24 - Social security, child support and tax credits
Part 1 - Amendments of the Child Support Act 1991 (c. 48)
Part 2 - Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
Part 3 - Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
Part 4 - Amendments of the Social Security Administration Act 1992 (c. 5)
Part 5 - Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
Part 6 - Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Part 7 - Amendments of the Jobseekers Act 1995 (c. 18)
Part 8 - Amendments of the Child Support Act 1995 (c. 34)
Part 9 - Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))
Part 10 - Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Part 11 - Amendments of the Social Security Act 1998 (c. 14)
Part 12 - Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
Part 13 - Amendments of the State Pension Credit Act 2002 (c. 16)
Part 14 - Amendments of the Tax Credits Act 2002 (c. 21)
Part 15 - Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
Schedule 25 - Amendment of certain enactments relating to pensions
Schedule 26 - Amendment of certain enactments relating to the armed forces
Schedule 27 - Minor and consequential amendments: general
Schedule 28 - Consequential amendments: Scotland
Part 1 - Amendments of the Succession (Scotland) Act 1964 (c. 41)
Part 2 - Amendments of the Family Law (Scotland) Act 1985 (c. 37)
Part 3 - Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)
Part 4 - Miscellaneous amendments
Schedule 29 - Minor and consequential amendments: Northern Ireland
Schedule 30 - Repeals and revocations