Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
21

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Dissolution order not precluded by previous separation order etc.
(1)
Subsections (2) and (3) apply if any of the following orders has been made in
relation to a civil partnership—
(a)
a separation order;
(b)
an order under Schedule 6 (financial relief in magistrates’ courts etc.);
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(c)
an order under section 33 of the Family Law Act 1996 (c. 27)
(occupation orders);
(d)
an order under section 37 of the 1996 Act (orders where neither civil
partner entitled to occupy the home).
(2)
Nothing prevents—
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(a)
either civil partner from applying for a dissolution order, or
(b)
the court from making a dissolution order,

on the same facts, or substantially the same facts, as those proved in support of
the making of the order referred to in subsection (1).
(3)
On the application for the dissolution order, the court—
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(a)
may treat the order referred to in subsection (1) as sufficient proof of
any desertion or other fact by reference to which it was made, but
(b)
must not make the dissolution order without receiving evidence from
the applicant.
(4)
If—
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(a)
the application for the dissolution order follows a separation order or
any order requiring the civil partners to live apart,
(b)
there was a period of desertion immediately preceding the institution
of the proceedings for the separation order, and
(c)
the civil partners have not resumed living together and the separation
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order has been continuously in force since it was made,

the period of desertion is to be treated for the purposes of the application for
the dissolution order as if it had immediately preceded the making of the
application.
(5)
For the purposes of section 43(5)(d) the court may treat as a period during
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which the respondent has deserted the applicant any period during which
there is in force—
(a)
an injunction granted by the High Court or a county court which
excludes the respondent from the civil partnership home, or
(b)
an order under section 33 or 37 of the 1996 Act which prohibits the
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respondent from occupying a dwelling-house in which the applicant
and the respondent have, or at any time have had, a civil partnership
home.
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Refusal of dissolution in 5 year separation cases on grounds of grave hardship
(1)
The respondent to an application for a dissolution order in which the applicant
40
alleges 5 years’ separation may oppose the making of an order on the ground
that—
(a)
the dissolution of the civil partnership will result in grave financial or
other hardship to him, and
(b)
it would in all the circumstances be wrong to dissolve the civil
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partnership.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
22

(2)
Subsection (3) applies if—
(a)
the making of a dissolution order is opposed under this section,
(b)
the court finds that the applicant is entitled to rely in support of his
application on the fact of 5 years’ separation and makes no such finding
as to any other fact mentioned in section 43(5), and
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(c)
apart from this section, the court would make a dissolution order.
(3)
The court must—
(a)
consider all the circumstances, including the conduct of the civil
partners and the interests of the civil partners and of any children or
other persons concerned, and
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(b)
if it is of the opinion that the ground mentioned in subsection (1) is
made out, dismiss the application for the dissolution order.
(4)
“Hardship” includes the loss of the chance of acquiring any benefit which the
respondent might acquire if the civil partnership were not dissolved.
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Proceedings before order made final: protection for respondent in separation
15
cases
(1)
The court may, on an application made by the respondent, rescind a
conditional dissolution order if—
(a)
it made the order on the basis of a finding that the applicant was
entitled to rely on the fact of 2 years’ separation coupled with the
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respondent’s consent to a dissolution order being made,
(b)
it made no such finding as to any other fact mentioned in section 43(5),
and
(c)
it is satisfied that the applicant misled the respondent (whether
intentionally or unintentionally) about any matter which the
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respondent took into account in deciding to give his consent.
(2)
Subsections (3) to (5) apply if—
(a)
the respondent to an application for a dissolution order in which the
applicant alleged—
(i)
2 years’ separation coupled with the respondent’s consent to a
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dissolution order being made, or
(ii)
5 years’ separation,

has applied to the court for consideration under subsection (3) of his
financial position after the dissolution of the civil partnership, and
(b)
the court—
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(i)
has made a conditional dissolution order on the basis of a
finding that the applicant was entitled to rely in support of his
application on the fact of 2 years’ or 5 years’ separation, and
(ii)
has made no such finding as to any other fact mentioned in
section 43(5).
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(3)
The court hearing an application by the respondent under subsection (2) must
consider all the circumstances, including—
(a)
the age, health, conduct, earning capacity, financial resources and
financial obligations of each of the parties, and
(b)
the financial position of the respondent as, having regard to the
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dissolution, it is likely to be after the death of the applicant should the
applicant die first.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
23

(4)
Subject to subsection (5), the court must not make the order final unless it is
satisfied that—
(a)
the applicant should not be required to make any financial provision
for the respondent, or
(b)
the financial provision made by the applicant for the respondent is—
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(i)
reasonable and fair, or
(ii)
the best that can be made in the circumstances.
(5)
The court may if it thinks fit make the order final if—
(a)
it appears that there are circumstances making it desirable that the
order should be made final without delay, and
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(b)
it has obtained a satisfactory undertaking from the applicant that he
will make such financial provision for the respondent as it may
approve.
Nullity
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Grounds on which civil partnership is void
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Where two people register as civil partners of each other in England and Wales,
the civil partnership is void if—
(a)
at the time when they do so, they are not eligible to register as civil
partners of each other under Chapter 1 (see section 3),
(b)
at the time when they do so they both know—
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(i)
that due notice of proposed civil partnership has not been
given,
(ii)
that the civil partnership document has not been duly issued,
(iii)
that the civil partnership document is void under section 17(3)
or 27(2) (registration after end of time allowed for registering),
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(iv)
that the place of registration is a place other than that specified
in the notices (or notice) of proposed civil partnership and the
civil partnership document, or
(v)
that a civil partnership registrar is not present, or
(c)
the civil partnership document is void under paragraph 6(5) of
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Schedule 2 (civil partnership between child and another person
forbidden).
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Grounds on which civil partnership is voidable
(1)
Where two people register as civil partners of each other in England and Wales,
the civil partnership is voidable if—
35
(a)
either of them did not validly consent to its formation (whether as a
result of duress, mistake, unsoundness of mind or otherwise);
(b)
at the time of its formation either of them, though capable of giving a
valid consent, was suffering (whether continuously or intermittently)
from mental disorder of such a kind or to such an extent as to be
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unfitted for civil partnership;
(c)
at the time of its formation, the respondent was pregnant by some
person other than the applicant;
(d)
an interim gender recognition certificate under the Gender Recognition
Act 2004 has, after the time of its formation, been issued to either civil
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partner;

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
24

(e)
the respondent is a person whose gender at the time of its formation
had become the acquired gender under the 2004 Act.
(2)
In this section and section 50 “mental disorder” has the same meaning as in the
Mental Health Act 1983 (c. 20).
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Bars to relief where civil partnership is voidable
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(1)
The court must not make a nullity order on the ground that a civil partnership
is voidable if the respondent satisfies the court—
(a)
that the applicant, with knowledge that it was open to him to obtain a
nullity order, conducted himself in relation to the respondent in such a
way as to lead the respondent reasonably to believe that he would not
10
seek to do so, and
(b)
that it would be unjust to the respondent to make the order.
(2)
Without prejudice to subsection (1), the court must not make a nullity order by
virtue of section 49(1)(a), (b), (c) or (e) unless—
(a)
it is satisfied that proceedings were instituted within 3 years from the
15
date of the formation of the civil partnership, or
(b)
leave for the institution of proceedings after the end of that 3 year
period has been granted under subsection (3).
(3)
A judge of the court may, on an application made to him, grant leave for the
institution of proceedings if he—
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(a)
is satisfied that the applicant has at some time during the 3 year period
suffered from mental disorder, and
(b)
considers that in all the circumstances of the case it would be just to
grant leave for the institution of proceedings.
(4)
An application for leave under subsection (3) may be made after the end of the
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3 year period.
(5)
Without prejudice to subsection (1), the court must not make a nullity order by
virtue of section 49(1)(d) unless it is satisfied that proceedings were instituted
within the period of 6 months from the date of issue of the interim gender
recognition certificate.
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(6)
Without prejudice to subsections (1) and (2), the court must not make a nullity
order by virtue of section 49(1)(c) or (e) unless it is satisfied that the applicant
was at the time of the formation of the civil partnership ignorant of the facts
alleged.
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Proof of certain matters not necessary to validity of civil partnership
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(1)
Where two people have registered as civil partners of each other in England
and Wales, it is not necessary in support of the civil partnership to give any
proof—
(a)
that any person whose consent to the civil partnership was required by
section 4 (parental etc. consent) had given his consent, or
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(b)
that the civil partnership registrar was designated as such by the
registration authority in whose area the registration took place;

and no evidence is to be given to prove the contrary in any proceedings
touching the validity of the civil partnership.
(2)
Subsection (1)(a) is subject to section 48(c) (civil partnership void if forbidden).
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