PART 4 continued CHAPTER 2 continued
(1) In any proceedings for a dissolution, nullity or separation order, the court must consider—
(a) whether there are any children of the family to whom this section applies, and
(b) if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to any of them.
(2) If, in any case to which this section applies, it appears to the court that—
(a) the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1995 Order with respect to any such child,
(b) it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and
(c) there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,
it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.
(3) This section applies to—
(a) any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and
(b) any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.
(1) Rules of court may make provision with respect to—
(a) the joinder as parties to proceedings under sections 161 to 179 of persons involved in allegations of improper conduct made in those proceedings,
(b) the dismissal from such proceedings of any parties so joined, and
(c) the persons who are to be parties to proceedings on an application under section 181.
(2) Rules of court made under this section may make different provision for different cases.
(3) In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.
(1) In this Chapter “the court” means—
(a) the High Court, or
(b) where an order made by the Lord Chancellor is in force designating a county court sitting for any division as a civil partnership proceedings county court, a county court sitting for that division.
(2) Subsection (1) is subject to the following provisions of this section.
(3) Subsection (1) does not apply where the context shows that “the court” means some particular court.
(4) The Lord Chancellor may make an order such as is mentioned in subsection (1)(b).
(5) In this Part “civil partnership proceedings county court” means, where an order made by the Lord Chancellor under subsection (4) is in force designating a county court sitting for any division as a civil partnership proceedings county court, a county court sitting for that division.
(6) Except to the extent that rules of court otherwise provide, the jurisdiction conferred by virtue of this section and section 190 on a civil partnership proceedings county court is exercisable throughout Northern Ireland, but rules of court may provide for a civil partnership cause (within the meaning of section 190) pending in one such court to be heard and determined—
(a) partly in that court and partly in another, or
(b) in another.
(7) Any jurisdiction conferred on a civil partnership proceedings county court is exercisable even though by reason of any amount claimed the jurisdiction would not but for this subsection be exercisable by a county court.
(8) The jurisdiction of a civil partnership proceedings county court to exercise any power under Schedule 15 (except a power under Part 8 of or paragraph 62 of that Schedule or a power under paragraph 57, 58 or 66 of that Schedule which is exercisable by county courts generally) shall, except to the extent that rules of court otherwise permit and, in particular, without prejudice to section 190(4) and (6), be exercisable only in connection with an application or order pending in or made by such a court.
(9) The power to make an order under subsection (4) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(1) Rules of court shall make provision for an appeal upon a point of law, a question of fact or the admission or rejection of any evidence to the Court of Appeal from—
(a) any order made by a judge of a civil partnership proceedings county court in the exercise of the jurisdiction conferred by a relevant provision, or
(b) the dismissal by a judge of a civil partnership proceedings county court of any application under a relevant provision.
(2) “Relevant provision” means any provision of—
(a) this Chapter or Schedule 15 (except paragraphs 56 to 58 and 66);
(b) the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3) A person dissatisfied with—
(a) an order made by any county court in exercise of the jurisdiction conferred by paragraph 57, 58 or 66 of Schedule 15, or
(b) with the dismissal of any application made by him under any of those paragraphs,
is entitled to appeal from the order or dismissal as if the order or dismissal had been made in exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal brought under Part 6 of that Order and Articles 61 (cases stated by county court judge) and 62 (cases stated by High Court on appeal from county court) of that Order apply accordingly.
(1) This section applies if an order is made under section 188.
(2) Rules of court—
(a) must provide for the transfer to the High Court—
(i) of any civil partnership cause pending in a civil partnership proceedings county court which ceases to be undefended, and
(ii) of any civil partnership cause so pending, where the transfer appears to the civil partnership proceedings county court to be desirable;
(b) may provide for the transfer to the High Court of any civil partnership cause which remains undefended;
(c) may provide for the transfer or retransfer from the High Court to a civil partnership proceedings county court of any civil partnership cause which is, or again becomes, undefended;
(d) must define the circumstances in which any civil partnership cause is to be treated for the purposes of this subsection as undefended.
(3) “Civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners.
(4) Rules of court may provide for the transfer or retransfer—
(a) from a civil partnership proceedings county court to the High Court, or
(b) from the High Court to a civil partnership proceedings county court,
of any proceedings for the exercise of a power under this Chapter or Schedule 15 (except proceedings on an application under paragraph 57, 58 or 66).
(5) The power conferred by subsections (2) and (4) includes power to provide for the removal of proceedings at the direction of the High Court; but nothing in this section affects—
(a) any other power of the High Court to remove proceedings to that court from a county court, or
(b) any power to remit proceedings from that court to a county court.
(6) A court has jurisdiction to entertain any proceedings transferred to the court by virtue of rules made in pursuance of subsection (4).
(1) In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply by summons or otherwise in a summary way to—
(a) the High Court, or
(b) a county court.
(2) On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).
(3) Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.
(1) The right of a civil partner (“A”) to make an application under section 191 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—
(a) money to which, or to a share of which, A was beneficially entitled, or
(b) property (other than money) to which, or to an interest in which, A was beneficially entitled,
and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.
(2) For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—
(a) because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or
(b) for any other reason.
(3) Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—
(a) has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and
(b) has not made to A, in respect of that money or other property, such payment or disposition as would have been just and equitable in the circumstances.
(4) The power of the court to make orders under section 191 includes power to order B to pay to A—
(a) in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s share of it, as the court considers appropriate, or
(b) in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.
(5) If it appears to the court that there is any property which—
(a) represents the whole or part of the money or property, and
(b) is property in respect of which an order could (apart from this section) have been made under section 191,
the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 191.
(6) Any power of the court which is exercisable on an application under section 191 is exercisable in relation to an application made under that section as extended by this section.
(1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 191 (or under that section as extended by section 192) and references in those sections to a civil partner are to be read accordingly.
(2) An application under subsection (1) must—
(a) where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and
(b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.
Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 (c. 23 (N.I.)) (money payable under policy of life assurance or endowment not to form part of the estate of the insured) applies in relation to a policy of life assurance or endowment—
(a) effected by a civil partner on his own life, and
(b) expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,
as it applies in relation to a policy of life assurance or endowment effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
Schedule 14 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.
(1) Schedule 15 makes provision for financial relief in connection with civil partnerships that corresponds to the provision made for financial relief in connection with marriages by Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
(2) Any rule of law under which any provision of Part 3 of the 1978 Order is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 15.
(3) Schedule 16 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)).
(4) Schedule 17 makes provision for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.
(1) A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights.
(2) No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement.
(3) In this section and section 198 “civil partnership agreement” means an agreement between two people—
(a) to register as civil partners of each other—
(i) in Northern Ireland (under Part 4),
(ii) in England and Wales (under Part 2),
(iii) in Scotland (under Part 3), or
(iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
(b) to enter into an overseas relationship.
(4) This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.
(1) This section applies if a civil partnership agreement is terminated.
(2) Sections 191 and 192 (disputes between civil partners about property) apply to any dispute between, or claim by, one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
(3) An application made under section 191 or 192 by virtue of subsection (2) must be made within 3 years of the termination of the agreement.
(4) A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
(1) Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (“the 1995 Order”) as follows.
(2) In Article 2(2) (interpretation), for the definition of “child of the family” in relation to the parties to a marriage, substitute—
““child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
(a) a child of both of them, and
(b) any other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family.”
(3) In the definition of “relative” in Article 2(2), for “by affinity)” substitute “by marriage or civil partnership)”.
(4) In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is married to” insert “, or a civil partner of,”.
In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert—
“(8) An appointment under paragraph (1) or (2) of Article 160 (including one made in an unrevoked will) is revoked if—
(a) the civil partnership of the person who made the appointment is dissolved or annulled, and
(b) the person appointed is his former civil partner.
(9) Paragraph (8) is subject to a contrary intention appearing from the appointment.
(10) In paragraph (8) “dissolved or annulled” means—
(a) dissolved by a dissolution order or annulled by a nullity order under Part 4 of the Civil Partnership Act 2004, or
(b) dissolved or annulled in any country or territory outside Northern Ireland by a dissolution or annulment which is entitled to recognition in Northern Ireland by virtue of Chapter 3 of Part 5 of that Act.”
In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert—
“(aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;”.
(1) Amend Schedule 1 to the 1995 Order (financial provision for children) as follows.
(2) For paragraph 1(2) (extended meaning of “parent”) substitute—
“(2) In this Schedule, except paragraphs 3 and 17, “parent” includes—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.”
(3) In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert—
“(e) Part 1 or 8 of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.);
(f) Schedule 16 to the 2004 Act (financial relief in court of summary jurisdiction etc.);”.
(4) In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “or civil partner”.
(1) Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows.
(2) In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “marriage or civil partnership”.
(3) In Article 12 (adoption orders), in paragraph (5), after “married” insert “or who is or has been a civil partner”.
(4) In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “or a civil partner”.
(5) In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “or forming a civil partnership”.
(6) In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “or for the purposes of Schedule 12 to the Civil Partnership Act 2004”.
(7) In Article 54 (disclosure of birth records of adopted children), in paragraph (2)—
(a) after “intending to be married” insert “or to form a civil partnership”;
(b) for “the person whom he intends to marry” substitute “the intended spouse or civil partner”;
(c) after “1984” insert “or Schedule 12 to the Civil Partnership Act 2004”.
(8) In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “, marriage or civil partnership”.
(1) Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows.
(2) After paragraph (1) insert—
“(1A) Any person who—
(a) for the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)—
(i) makes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; or
(ii) gives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004,
knowing that the declaration, notice or certificate is false;
(b) for the purpose of a record being made in any register relating to civil partnerships—
(i) makes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; or
(ii) causes such a statement to be made,
knowing that the statement is false;
(c) forbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false,
shall be guilty of an offence.
(1B) The documents are[en rule]
(a) a civil partnership schedule;
(b) a document required by an Order in Council under section 210 or 211 of the Civil Partnership Act 2004 as an authority for two people to register as civil partners of each other;
(c) a certificate of no impediment under section 240 of the Civil Partnership Act 2004.”
(3) In paragraph (2), after “paragraph (1)” insert “or (1A)”.
(4) In the heading to Article 8, after “marriage” insert “or civil partnership”.
Schedule 18 amends certain enactments relating to housing and tenancies.
Schedule 19 amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
(1) Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows.
(2) In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert—
“(aa) the civil partner or former civil partner of the deceased;”.
(3) In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “or civil partner”.
(4) After sub-paragraph (f) of Article 2(2) insert—
“(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;”.
(5) After Article 2(2A) insert—
“(2B) The reference to the former civil partner of the deceased in paragraph (2)(aa) includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.”
(6) In Article 2(3)(b), for “by affinity” substitute “by marriage or civil partnership”.
(7) In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)—
(a) in sub-paragraph (a), after “wife or husband” insert “or civil partner”, and
(b) in sub-paragraph (b), after “was never married” insert “or a civil partner”.
(8) In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “or civil partner”.
(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.
(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.
(3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.
(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).
(5) Any rule of law—
(a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and
(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings—
(a) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners,
(b) under section 181,
(c) under Part 8 of Schedule 15, or
(d) under Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule.