PART 5 continued CHAPTER 3 continued
The court has jurisdiction to entertain an application under section 181 if (and only if)—
(a) either of the civil partners in the civil partnership to which the application relates—
(i) is domiciled in Northern Ireland on the date of the application,
(ii) has been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
(iii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
(b) the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(1) No dissolution or annulment of a civil partnership obtained in one part of the United Kingdom is effective in any part of the United Kingdom unless obtained from a court of civil jurisdiction.
(2) Subject to subsections (3) and (4), the validity of a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained from a court of civil jurisdiction in one part of the United Kingdom is to be recognised throughout the United Kingdom.
(3) Recognition of the validity of a dissolution, annulment or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—
(a) previously given by a court of civil jurisdiction in the other part, or
(b) previously given by a court elsewhere and recognised or entitled to be recognised in the other part.
(4) Recognition of the validity of a dissolution or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution or separation was obtained at a time when, according to the law of the other part, there was no subsisting civil partnership.
(1) Subject to subsection (2), the validity of an overseas dissolution, annulment or legal separation is to be recognised in the United Kingdom if, and only if, it is entitled to recognition by virtue of sections 235 to 237.
(2) This section and sections 235 to 237 do not apply to an overseas dissolution, annulment or legal separation as regards which provision as to recognition is made by section 219 regulations.
(3) For the purposes of subsections (1) and (2) and sections 235 to 237, an overseas dissolution, annulment or legal separation is a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained outside the United Kingdom (whether before or after this section comes into force).
(1) The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—
(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and
(b) at the relevant date either civil partner—
(i) was habitually resident in the country in which the dissolution, annulment or legal separation was obtained,
(ii) was domiciled in that country, or
(iii) was a national of that country.
(2) The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—
(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,
(b) at the relevant date—
(i) each civil partner was domiciled in that country, or
(ii) either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and
(c) neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.
(3) In this section “the relevant date” means—
(a) in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;
(b) in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.
(4) Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.
(1) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—
(a) previously given by a court of civil jurisdiction in that part of the United Kingdom, or
(b) previously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.
(2) Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership.
(3) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if—
(a) in the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained—
(i) without such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or
(ii) without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, or
(b) in the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings—
(i) there is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, or
(ii) where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, or
(c) in either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy.
(4) In this section—
“official”, in relation to a document certifying that a dissolution, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law;
“the relevant date” has the same meaning as in section 235.
(1) For the purposes of sections 235 and 236, a civil partner is to be treated as domiciled in a country if he was domiciled in that country—
(a) according to the law of that country in family matters, or
(b) according to the law of the part of the United Kingdom in which the question of recognition arises.
(2) The Lord Chancellor or the Scottish Ministers may by regulations make provision—
(a) applying sections 235 and 236 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation;
(b) applying sections 235 and 236 with modifications in relation to—
(i) an overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship);
(ii) any case where a civil partner is domiciled in a country or territory whose law does not recognise legal relationships between two people of the same sex;
(c) with respect to recognition of the validity of an overseas dissolution, annulment or legal separation in cases where there are cross-proceedings;
(d) with respect to cases where a legal separation is converted under the law of the country or territory in which it is obtained into a dissolution which is effective under the law of that country or territory;
(e) with respect to proof of findings of fact made in proceedings in any country or territory outside the United Kingdom.
(3) The power to make regulations under subsection (2) is exercisable by statutory instrument.
(4) A statutory instrument containing such regulations—
(a) if made by the Lord Chancellor, is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) if made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(5) In this section (except subsection (4)) and sections 233 to 236 and 238—
“annulment” includes any order annulling a civil partnership, however expressed;
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“proceedings” means judicial or other proceedings.
(6) Nothing in this Chapter is to be read as requiring the recognition of any finding of fault made in proceedings for dissolution, annulment or legal separation or of any maintenance, custody or other ancillary order made in any such proceedings.
(1) This section applies where, in any part of the United Kingdom—
(a) a dissolution or annulment of a civil partnership has been granted by a court of civil jurisdiction, or
(b) the validity of a dissolution or annulment of a civil partnership is recognised by virtue of this Chapter.
(2) The fact that the dissolution or annulment would not be recognised outside the United Kingdom does not—
(a) preclude either party from forming a subsequent civil partnership or marriage in that part of the United Kingdom, or
(b) cause the subsequent civil partnership or marriage of either party (wherever it takes place) to be treated as invalid in that part.
(1) Her Majesty may by Order in Council make provision in relation to cases where—
(a) two people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), and
(b) one of them (“A”) is a member of Her Majesty’s forces serving outside the United Kingdom and the other is resident in England and Wales,
for the issue by A’s commanding officer to A of a certificate of no impediment.
(2) The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed.
(3) A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the commanding officer issuing the certificate to exist.
(4) “Commanding officer”—
(a) in relation to a person subject to military law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) if he were charged with an offence;
(b) in relation to a person subject to air-force law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) if he were charged with an offence;
(c) in relation to a person subject to the Naval Discipline Act 1957 (c. 53), means the officer in command of the ship or naval establishment to which he belongs.
(1) Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to—
(a) United Kingdom nationals, and
(b) such other persons falling within subsection (2) as may be prescribed,
who wish to enter into overseas relationships in prescribed countries or territories outside the United Kingdom with persons who are not United Kingdom nationals and who do not fall within subsection (2).
(2) A person falls within this subsection if under any enactment for the time being in force in any country mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61) (Commonwealth countries) that person is a citizen of that country.
(3) A certificate of no impediment is a certificate that, after proper notices have been given, no legal impediment to the recipient entering into the overseas relationship has been shown to the person issuing the certificate to exist.
(1) Her Majesty may by Order in Council provide—
(a) for the transmission to the Registrar General, by such persons or in such manner as may be prescribed, of certificates of the registration of overseas relationships entered into by United Kingdom nationals in prescribed countries or territories outside the United Kingdom,
(b) for the issue by the Registrar General of a certified copy of such a certificate received by him, and
(c) for such certified copies to be received in evidence.
(2) “The Registrar General” means—
(a) in relation to England and Wales, the Registrar General for England and Wales,
(b) in relation to Scotland, the Registrar General of Births, Deaths and Marriages for Scotland, and
(c) in relation to Northern Ireland, the Registrar General for Northern Ireland.
(1) This section applies if it appears to Her Majesty that any law in force in Canada, the Commonwealth of Australia or New Zealand (or in a territory of either of the former two countries) makes, in relation to forces raised there, provision similar to that made by section 211 (registration by armed forces personnel).
(2) Her Majesty may by Order in Council make provision for securing that the law in question has effect as part of the law of the United Kingdom.
(1) The power to make an order under section 34(1) (fees) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by registration authorities in England and Wales or by or on behalf of the Registrar General for England and Wales.
(2) Regulations made by the Registrar General of Births, Deaths and Marriages for Scotland may prescribe fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by him or on his behalf.
(3) Subsections (3) and (4) of section 126 apply to regulations made under subsection (2) as they apply to regulations under Part 3.
(4) The power to make an order under section 157(1) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by or on behalf of the Registrar General for Northern Ireland.
(1) An Order in Council under section 210, 211, 239, 240, 241 or 242 may make—
(a) different provision for different cases, and
(b) such supplementary, incidental, consequential, transitional, transitory or saving provision as appears to Her Majesty to be appropriate.
(2) The provision that may be made by virtue of subsection (1)(b) includes in particular provision corresponding to or applying with modifications any provision made by or under—
(a) this Act, or
(b) any Act relating to marriage outside the United Kingdom.
(3) A statutory instrument containing an Order in Council under section 210, 211, 239, 240, 241 or 242 is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) applies whether or not the Order also contains other provisions made by Order in Council under—
the Foreign Marriage Act 1892 (c. 23),
section 3 of the Foreign Marriage Act 1947 (c. 33), or
section 39 of the Marriage Act 1949 (c. 76).
(5) In sections 210, 211, 239, 240 and 241 “prescribed” means prescribed by an Order in Council under the section in question.
(1) In this Part “United Kingdom national” means a person who is—
(a) a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas),
(b) a British subject under the British Nationality Act 1981 (c. 61), or
(c) a British protected person, within the meaning of that Act.
(2) In this Part “Her Majesty’s forces” has the same meaning as in the Army Act 1955 (3 & 4 Eliz. 2 c. 18).