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
25

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Validity of civil partnerships registered outside England and Wales
(1)
Where two people register as civil partners of each other in Scotland, the civil
partnership is—
(a)
void, if it would be void in Scotland under section 119, and
(b)
voidable, if the circumstances fall within section 49(1)(d).
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(2)
Where two people register as civil partners of each other in Northern Ireland,
the civil partnership is—
(a)
void, if it would be void in Northern Ireland by virtue of provision
made under section 149, and
(b)
voidable, if it would be voidable there by virtue of such provision.
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(3)
Subsection (4) applies where two people register as civil partners of each other
under an Order in Council under—
(a)
section 150 (registration at British consulates etc.), or
(b)
section 151 (registration by armed forces personnel),

(“the relevant section”).
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(4)
The civil partnership is—
(a)
void, if—
(i)
it would have been void under section 48 or subsection (1)(a) or
(2)(a) if it had been registered in the appropriate part of the
United Kingdom,
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(ii)
the condition in subsection (2)(a) of the relevant section is not
met, or
(iii)
a requirement prescribed for the purposes of this paragraph by
an Order in Council under the relevant section is not complied
with, and
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(b)
voidable, if it would be voidable under section 49 or subsection (1)(b)
or (2)(b) if it had been registered in the appropriate part of the United
Kingdom.
(5)
The appropriate part of the United Kingdom is the part by virtue of which
(under subsection (2)(b) of the relevant section) the two people concerned were
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eligible to register as civil partners of each other.
(6)
Subsections (7) and (8) apply where two people have registered an apparent or
alleged overseas relationship.
(7)
The civil partnership is void if—
(a)
the relationship is not an overseas relationship, or
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(b)
(even though the relationship is an overseas relationship) the parties
are not treated under Chapter 2 of Part 5 as having formed a civil
partnership.
(8)
The civil partnership is voidable if—
(a)
the overseas relationship is voidable under the relevant law,
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(b)
the circumstances fall within section 49(1)(d), or
(c)
where either of the parties was domiciled in England and Wales at the
time when the overseas relationship was registered, the circumstances
fall within section 49(1)(a), (b), (c) or (e).
(9)
Section 50 applies for the purposes of—
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(a)
subsections (1)(b), (4)(b) and (8)(b) and (c),

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
26

(b)
subsection (2)(b), in so far as it makes a civil partnership voidable by
reference to circumstances falling within section 49(1), and
(c)
subsection (8)(a), in so far as applicable in accordance with the relevant
law.
(10)
For the purposes of subsections (6) to (9)—
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(a)
“the relevant law” means the law of the country or territory where the
overseas relationship was registered (including its rules of private
international law), and
(b)
references in sections 49 and 50 to the formation of the civil partnership
are to be read as references to the registration of the overseas
10
relationship.
Presumption of death orders
53
Presumption of death orders
(1)
The court may, on an application made by a civil partner, make a presumption
of death order if it is satisfied that reasonable grounds exist for supposing that
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the other civil partner is dead.
(2)
In any proceedings under this section the fact that—
(a)
for a period of 7 years or more the other civil partner has been
continually absent from the applicant, and
(b)
the applicant has no reason to believe that the other civil partner has
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been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.
Separation orders
54
Separation orders
(1)
An application for a separation order may be made to the court by either civil
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partner on the ground that any such fact as is mentioned in section 43(5)(a), (b),
(c) or (d) exists.
(2)
On an application for a separation order the court must inquire, so far as it
reasonably can, into—
(a)
the facts alleged by the applicant, and
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(b)
any facts alleged by the respondent,

but whether the civil partnership has broken down irretrievably is irrelevant.
(3)
If the court is satisfied on the evidence of any such fact as is mentioned in
section 43(5)(a), (b), (c) or (d) it must, subject to section 61, make a separation
order.
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(4)
Section 44 (supplemental provisions as to facts raising presumption of
breakdown) applies for the purposes of an application for a separation order
alleging any such fact as it applies in relation to an application for a dissolution
order alleging that fact.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
27

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Effect of separation order
If either civil partner dies intestate as respects all or any of his or her real or
personal property while—
(a)
a separation order is in force, and
(b)
the separation is continuing,
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the property as respects which he or she died intestate devolves as if the other
civil partner had then been dead.
Declarations
56
Declarations
(1)
Any person may apply to the High Court or a county court for one or more of
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the following declarations in relation to a civil partnership specified in the
application—
(a)
a declaration that the civil partnership was at its inception a valid civil
partnership;
(b)
a declaration that the civil partnership subsisted on a date specified in
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the application;
(c)
a declaration that the civil partnership did not subsist on a date so
specified;
(d)
a declaration that the validity of a dissolution, annulment or legal
separation obtained outside England and Wales in respect of the civil
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partnership is entitled to recognition in England and Wales;
(e)
a declaration that the validity of a dissolution, annulment or legal
separation so obtained in respect of the civil partnership is not entitled
to recognition in England and Wales.
(2)
Where an application under subsection (1) is made to a court by a person other
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than a civil partner in the civil partnership to which the application relates, the
court must refuse to hear the application if it considers that the applicant does
not have a sufficient interest in the determination of that application.
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General provisions as to making and effect of declarations
(1)
Where on an application for a declaration under section 56 the truth of the
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proposition to be declared is proved to the satisfaction of the court, the court
must make the declaration unless to do so would be manifestly contrary to
public policy.
(2)
Any declaration under section 56 binds Her Majesty and all other persons.
(3)
The court, on the dismissal of an application for a declaration under section 56,
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may not make any declaration for which an application has not been made.
(4)
No declaration which may be applied for under section 56 may be made
otherwise than under section 56 by any court.
(5)
No declaration may be made by any court, whether under section 56 or
otherwise, that a civil partnership was at its inception void.
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(6)
Nothing in this section affects the powers of any court to make a nullity order
in respect of a civil partnership.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
28

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The Attorney General and proceedings for declarations
(1)
On an application for a declaration under section 56 the court may at any stage
of the proceedings, of its own motion or on the application of any party to the
proceedings, direct that all necessary papers in the matter be sent to the
Attorney General.
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(2)
The Attorney General, whether or not he is sent papers in relation to an
application for a declaration under section 56, may—
(a)
intervene in the proceedings on that application in such manner as he
thinks necessary or expedient, and
(b)
argue before the court dealing with the application any question in
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relation to the application which the court considers it necessary to
have fully argued.
(3)
Where any costs are incurred by the Attorney General in connection with any
application for a declaration under section 56, the court may make such order
as it considers just as to the payment of those costs by parties to the
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proceedings.
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Supplementary provisions as to declarations
(1)
Any declaration made under section 56, and any application for such a
declaration, must be in the form prescribed by rules of court.
(2)
Rules of court may make provision—
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(a)
as to the information required to be given by any applicant for a
declaration under section 56;
(b)
requiring notice of an application under section 56 to be served on the
Attorney General and on persons who may be affected by any
declaration applied for.
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(3)
No proceedings under section 56 affect any final judgment or order already
pronounced or made by any court of competent jurisdiction.
(4)
The court hearing an application under section 56 may direct that the whole or
any part of the proceedings must be heard in private.
(5)
An application for a direction under subsection (4) must be heard in private
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unless the court otherwise directs.
General provisions
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Relief for respondent in dissolution proceedings
(1)
If in any proceedings for a dissolution order the respondent alleges and proves
any such fact as is mentioned in section 43(5)(a), (b), (c) or (d) the court may
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give to the respondent the relief to which he would have been entitled if he had
made an application seeking that relief.
(2)
When applying subsection (1), treat—
(a)
the respondent as the applicant, and
(b)
the applicant as the respondent,
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for the purposes of section 43(5).