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Civil Partnership Act 2004

2004 CHAPTER 33

CONTENTS

Go to Preamble

  1. Part 1

    Introduction

    1. 1. Civil partnership

  2. Part 2

    Civil partnership: England and Wales

    1. Chapter 1

      Registration

      1. Formation, eligibility and parental etc. consent

        1. 2. Formation of civil partnership by registration

        2. 3. Eligibility

        3. 4. Parental etc. consent where proposed civil partner under 18

      2. Registration procedure: general

        1. 5. Types of pre-registration procedure

        2. 6. Place of registration

        3. 7. The civil partnership document

      3. The standard procedure

        1. 8. Notice of proposed civil partnership and declaration

        2. 9. Power to require evidence of name etc.

        3. 10. Proposed civil partnership to be publicised

        4. 11. Meaning of “the waiting period”

        5. 12. Power to shorten the waiting period

        6. 13. Objection to proposed civil partnership

        7. 14. Issue of civil partnership schedule

        8. 15. Appeal against refusal to issue civil partnership schedule

        9. 16. Frivolous objections and representations: liability for costs etc.

        10. 17. Period during which registration may take place

      4. The procedures for house-bound and detained persons

        1. 18. House-bound persons

        2. 19. Detained persons

      5. Modified procedures for certain non-residents

        1. 20. Modified procedures for certain non-residents

      6. The special procedure

        1. 21. Notice of proposed civil partnership

        2. 22. Evidence to be produced

        3. 23. Application to be reported to Registrar General

        4. 24. Objection to issue of Registrar General’s licence

        5. 25. Issue of Registrar General’s licence

        6. 26. Frivolous objections: liability for costs

        7. 27. Period during which registration may take place

      7. Supplementary

        1. 28. Registration authorities

        2. 29. Civil partnership registrars

        3. 30. The Registrar General and the register

        4. 31. Offences relating to civil partnership schedule

        5. 32. Offences relating to Registrar General’s licence

        6. 33. Offences relating to the recording of civil partnerships

        7. 34. Fees

        8. 35. Power to assimilate provisions relating to civil registration

        9. 36. Regulations and orders

    2. Chapter 2

      Dissolution, nullity and other proceedings

      1. Introduction

        1. 37. Powers to make orders and effect of orders

        2. 38. The period before conditional orders may be made final

        3. 39. Intervention of the Queen’s Proctor

        4. 40. Proceedings before order has been made final

        5. 41. Time bar on applications for dissolution orders

        6. 42. Attempts at reconciliation of civil partners

        7. 43. Consideration by the court of certain agreements or arrangements

      2. Dissolution of civil partnership

        1. 44. Dissolution of civil partnership which has broken down irretrievably

        2. 45. Supplemental provisions as to facts raising presumption of breakdown

        3. 46. Dissolution order not precluded by previous separation order etc.

        4. 47. Refusal of dissolution in 5 year separation cases on ground of grave hardship

        5. 48. Proceedings before order made final: protection for respondent in separation cases

      3. Nullity

        1. 49. Grounds on which civil partnership is void

        2. 50. Grounds on which civil partnership is voidable

        3. 51. Bars to relief where civil partnership is voidable

        4. 52. Proof of certain matters not necessary to validity of civil partnership

        5. 53. Power to validate civil partnership

        6. 54. Validity of civil partnerships registered outside England and Wales

      4. Presumption of death orders

        1. 55. Presumption of death orders

      5. Separation orders

        1. 56. Separation orders

        2. 57. Effect of separation order

      6. Declarations

        1. 58. Declarations

        2. 59. General provisions as to making and effect of declarations

        3. 60. The Attorney General and proceedings for declarations

        4. 61. Supplementary provisions as to declarations

      7. General provisions

        1. 62. Relief for respondent in dissolution proceedings

        2. 63. Restrictions on making of orders affecting children

        3. 64. Parties to proceedings under this Chapter

    3. Chapter 3

      Property and financial arrangements

      1. 65. Contribution by civil partner to property improvement

      2. 66. Disputes between civil partners about property

      3. 67. Applications under section 66 where property not in possession etc.

      4. 68. Applications under section 66 by former civil partners

      5. 69. Actions in tort between civil partners

      6. 70. Assurance policy by civil partner for benefit of other civil partner etc.

      7. 71. Wills, administration of estates and family provision

      8. 72. Financial relief for civil partners and children of family

    4. Chapter 4

      Civil partnership agreements

      1. 73. Civil partnership agreements unenforceable

      2. 74. Property where civil partnership agreement is terminated

    5. Chapter 5

      Children

      1. 75. Parental responsibility, children of the family and relatives

      2. 76. Guardianship

      3. 77. Entitlement to apply for residence or contact order

      4. 78. Financial provision for children

      5. 79. Adoption

    6. Chapter 6

      Miscellaneous

      1. 80. False statements etc. with reference to civil partnerships

      2. 81. Housing and tenancies

      3. 82. Family homes and domestic violence

      4. 83. Fatal accidents claims

      5. 84. Evidence

  3. Part 3

    Civil partnership: Scotland

    1. Chapter 1

      Formation and eligibility

      1. 85. Formation of civil partnership by registration

      2. 86. Eligibility

    2. Chapter 2

      Registration

      1. 87. Appointment of authorised registrars

      2. 88. Notice of proposed civil partnership

      3. 89. Civil partnership notice book

      4. 90. Publicisation

      5. 91. Early registration

      6. 92. Objections to registration

      7. 93. Place of registration

      8. 94. The civil partnership schedule

      9. 95. Further provision as to registration

      10. 96. Civil partnership with former spouse

      11. 97. Certificates of no impediment for Part 2 purposes

      12. 98. Application of certain sections of 1965 Act to civil partnership register

      13. 99. Correction of errors in civil partnership register

      14. 100. Offences

    3. Chapter 3

      Occupancy rights and tenancies

      1. Occupancy rights

        1. 101. Occupancy rights

        2. 102. Occupancy: subsidiary and consequential rights

        3. 103. Regulation by court of rights of occupancy of family home

        4. 104. Exclusion orders

        5. 105. Duration of orders under sections 103 and 104

        6. 106. Continued exercise of occupancy rights after dealing

        7. 107. Dispensation with civil partner’s consent to dealing

        8. 108. Interests of heritable creditors

        9. 109. Provisions where both civil partners have title

        10. 110. Rights of occupancy in relation to division and sale

        11. 111. Adjudication

      2. Transfer of tenancy

        1. 112. Transfer of tenancy

    4. Chapter 4

      Interdicts

      1. 113. Civil partners: competency of interdict

      2. 114. Attachment of powers of arrest to relevant interdicts

      3. 115. Police powers after arrest

      4. 116. Procedure after arrest

    5. Chapter 5

      Dissolution, separation and nullity

      1. Dissolution and separation

        1. 117. Dissolution

        2. 118. Encouragement of reconciliation

        3. 119. Effect of resumption of cohabitation

        4. 120. Separation

        5. 121. Dissolution following on decree of separation

        6. 122. Registration of dissolution of civil partnership

      2. Nullity

        1. 123. Nullity

        2. 124. Validity of civil partnerships registered outside Scotland

      3. Financial provision after overseas proceedings

        1. 125. Financial provision after overseas dissolution or annulment

    6. Chapter 6

      Miscellaneous and interpretation

      1. Miscellaneous

        1. 126. Regulations

        2. 127. Attachment

        3. 128. Promise or agreement to enter into civil partnership

        4. 129. Lord Advocate as party to action for nullity or dissolution of civil partnership

        5. 130. Civil partner of accused a competent witness

        6. 131. Succession: legal rights arising by virtue of civil partnership

        7. 132. Assurance policies

        8. 133. Council Tax: liability of civil partners

        9. 134. General provisions as to fees

      2. Interpretation

        1. 135. Interpretation of this Part

        2. 136. The expression “relative” in the 1965 Act

  4. Part 4

    Civil partnership: Northern Ireland

    1. Chapter 1

      Registration

      1. Formation and eligibility

        1. 137. Formation of civil partnership by registration

        2. 138. Eligibility

      2. Preliminaries to registration

        1. 139. Notice of proposed civil partnership

        2. 140. Civil partnership notice book and list of intended civil partnerships

        3. 141. Power to require evidence of name etc.

        4. 142. Objections

        5. 143. Civil partnership schedule

        6. 144. Place of registration

      3. Young persons

        1. 145. Parental etc. consent where proposed civil partner under 18

      4. Supplementary

        1. 146. Validity of registration

        2. 147. Corrections and cancellations

        3. 148. Interpreters

        4. 149. Detained persons

        5. 150. Certificates of no impediment for Part 2 purposes

        6. 151. Registration districts and registration authorities

        7. 152. Registrars and other staff

        8. 153. Records and documents to be sent to Registrar General

        9. 154. Annual report

        10. 155. Searches

        11. 156. Proof of civil partnership for purposes of certain statutory provisions

        12. 157. Fees

        13. 158. Offences

        14. 159. Regulations

        15. 160. Interpretation

    2. Chapter 2

      Dissolution, nullity and other proceedings

      1. Introduction

        1. 161. Powers to make orders and effect of orders

        2. 162. The period before conditional orders may be made final

        3. 163. Intervention by the Crown Solicitor

        4. 164. Proceedings before order has been made final

        5. 165. Time bar on applications for dissolution orders

        6. 166. Attempts at reconciliation of civil partners

        7. 167. Consideration by the court of certain agreements or arrangements

      2. Dissolution of civil partnership

        1. 168. Dissolution of civil partnership which has broken down irretrievably

        2. 169. Supplemental provisions as to facts raising presumption of breakdown

        3. 170. Dissolution order not precluded by previous separation order etc.

        4. 171. Refusal of dissolution in 5 year separation cases on ground of grave hardship

        5. 172. Proceedings before order made final: protection for respondent in separation cases

      3. Nullity

        1. 173. Grounds on which civil partnership is void

        2. 174. Grounds on which civil partnership is voidable

        3. 175. Bars to relief where civil partnership is voidable

        4. 176. Proof of certain matters not necessary to validity of civil partnership

        5. 177. Validity of civil partnerships registered outside Northern Ireland

      4. Presumption of death orders

        1. 178. Presumption of death orders

      5. Separation orders

        1. 179. Separation orders

        2. 180. Effect of separation order

      6. Declarations

        1. 181. Declarations

        2. 182. General provisions as to making and effect of declarations

        3. 183. The Attorney General and proceedings for declarations

        4. 184. Supplementary provisions as to declarations

      7. General provisions

        1. 185. Relief for respondent in dissolution proceedings

        2. 186. Restrictions on making of orders affecting children

        3. 187. Parties to proceedings under this Chapter

      8. The court

        1. 188. The court

        2. 189. Appeals

        3. 190. Transfer of proceedings

    3. Chapter 3

      Property and financial arrangements

      1. 191. Disputes between civil partners about property

      2. 192. Applications under section 191 where property not in possession etc.

      3. 193. Applications under section 191 by former civil partners

      4. 194. Assurance policy by civil partner for benefit of other civil partner etc.

      5. 195. Wills, administration of estates and family provision

      6. 196. Financial relief for civil partners and children of family

    4. Chapter 4

      Civil partnership agreements

      1. 197. Civil partnership agreements unenforceable

      2. 198. Property where civil partnership agreement is terminated

    5. Chapter 5

      Children

      1. 199. Parental responsibility, children of the family and relatives

      2. 200. Guardianship

      3. 201. Entitlement to apply for residence or contact order

      4. 202. Financial provision for children

      5. 203. Adoption

    6. Chapter 6

      Miscellaneous

      1. 204. False statements etc. with reference to civil partnerships

      2. 205. Housing and tenancies

      3. 206. Family homes and domestic violence

      4. 207. Fatal accidents claims

      5. 208. Evidence

      6. 209. Restriction on publicity of reports of proceedings

  5. Part 5

    Civil partnership formed or dissolved abroad etc.

    1. Chapter 1

      Registration outside UK under Order in Council

      1. 210. Registration at British consulates etc.

      2. 211. Registration by armed forces personnel

    2. Chapter 2

      Overseas relationships treated as civil partnerships

      1. 212. Meaning of “overseas relationship”

      2. 213. Specified relationships

      3. 214. The general conditions

      4. 215. Overseas relationships treated as civil partnerships: the general rule

      5. 216. The same-sex requirement

      6. 217. Person domiciled in a part of the United Kingdom

      7. 218. The public policy exception

    3. Chapter 3

      Dissolution etc.: jurisdiction and recognition

      1. Introduction

        1. 219. Power to make provision corresponding to EC Regulation 2201/2003

      2. Jurisdiction of courts in England and Wales

        1. 220. Meaning of “the court”

        2. 221. Proceedings for dissolution, separation or nullity order

        3. 222. Proceedings for presumption of death order

        4. 223. Proceedings for dissolution, nullity or separation order: supplementary

        5. 224. Applications for declarations as to validity etc.

      3. Jurisdiction of Scottish courts

        1. 225. Jurisdiction of Scottish courts

        2. 226. Sisting of proceedings

        3. 227. Scottish ancillary and collateral orders

      4. Jurisdiction of courts in Northern Ireland

        1. 228. Meaning of “the court”

        2. 229. Proceedings for dissolution, separation or nullity order

        3. 230. Proceedings for presumption of death order

        4. 231. Proceedings for dissolution, nullity or separation order: supplementary

        5. 232. Applications for declarations as to validity etc.

      5. Recognition of dissolution, annulment and separation

        1. 233. Effect of dissolution, annulment or separation obtained in the UK

        2. 234. Recognition in the UK of overseas dissolution, annulment or separation

        3. 235. Grounds for recognition

        4. 236. Refusal of recognition

        5. 237. Supplementary provisions relating to recognition of dissolution etc.

        6. 238. Non-recognition elsewhere of dissolution or annulment

    4. Chapter 4

      Miscellaneous and supplementary

      1. 239. Commanding officers' certificates for Part 2 purposes

      2. 240. Certificates of no impediment to overseas relationships

      3. 241. Transmission of certificates of registration of overseas relationships

      4. 242. Power to make provision relating to certain Commonwealth forces

      5. 243. Fees

      6. 244. Orders in Council: supplementary

      7. 245. Interpretation

  6. Part 6

    Relationships arising through civil partnership

    1. 246. Interpretation of statutory references to stepchildren etc.

    2. 247. Provisions to which section 246 applies: Acts of Parliament etc.

    3. 248. Provisions to which section 246 applies: Northern Ireland

  7. Part 7

    Miscellaneous

    1. 249. Immigration control and formation of civil partnerships

    2. 250. Gender recognition where applicant a civil partner

    3. 251. Discrimination against civil partners in employment field

    4. 252. Discrimination against civil partners in employment field: Northern Ireland

    5. 253. Civil partners to have unlimited insurable interest in each other

    6. 254. Social security, child support and tax credits

    7. 255. Power to amend enactments relating to pensions

    8. 256. Amendment of certain enactments relating to pensions

    9. 257. Amendment of certain enactments relating to the armed forces

  8. Part 8

    Supplementary

    1. 258. Regulations and orders

    2. 259. Power to make further provision in connection with civil partnership

    3. 260. Community obligations and civil partners

    4. 261. Minor and consequential amendments, repeals and revocations

    5. 262. Extent

    6. 263. Commencement

    7. 264. Short title

    1. Schedule 1

      Prohibited degrees of relationship: England and Wales

      1. Part 1

        The prohibitions

      2. Part 2

        Special provisions relating to qualified prohibitions

    2. Schedule 2

      Civil partnerships of persons under 18: England and Wales

      1. Part 1

        Appropriate persons

      2. Part 2

        Obtaining consent: general

      3. Part 3

        Obtaining consent: special procedure

      4. Part 4

        Provisions relating to the court

    3. Schedule 3

      Registration by former spouses one of whom has changed sex

    4. Schedule 4

      Wills, administration of estates and family provision

      1. Part 1

        Wills

      2. Part 2

        Administration of estates and family provision

    5. Schedule 5

      Financial relief in the High Court or a county court etc.

      1. Part 1

        Financial provision in connection with dissolution, nullity or separation

      2. Part 2

        Property adjustment on or after dissolution, nullity or separation

      3. Part 3

        Sale of property orders

      4. Part 4

        Pension sharing orders on or after dissolution or nullity order

      5. Part 5

        Matters to which court is to have regard under Parts 1 to 4

      6. Part 6

        Making of Part 1 orders having regard to pension benefits

      7. Part 7

        Pension protection fund compensation etc.

      8. Part 8

        Maintenance pending outcome of dissolution, nullity or separation proceedings

      9. Part 9

        Failure to maintain: financial provision (and interim orders)

      10. Part 10

        Commencement of certain proceedings and duration of certain orders

      11. Part 11

        Variation, discharge etc. of certain orders for financial relief

      12. Part 12

        Arrears and repayments

      13. Part 13

        Consent orders and maintenance agreements

      14. Part 14

        Miscellaneous and supplementary

    6. Schedule 6

      Financial relief in magistrates' courts etc.

      1. Part 1

        Failure to maintain etc.: financial provision

      2. Part 2

        Orders for agreed financial provision

      3. Part 3

        Orders of court where civil partners living apart by agreement

      4. Part 4

        Interim orders

      5. Part 5

        Commencement and duration of orders under Parts 1, 2 and 3

      6. Part 6

        Variation etc. of orders

      7. Part 7

        Arrears and repayments

      8. Part 8

        Supplementary

    7. Schedule 7

      Financial relief in England and Wales after overseas dissolution etc. of a civil partnership

      1. Part 1

        Financial relief

      2. Part 2

        Steps to prevent avoidance prior to application for leave under paragraph 4

      3. Part 3

        Supplementary

    8. Schedule 8

      Housing and tenancies

    9. Schedule 9

      Family homes and domestic violence

      1. Part 1

        Amendments of the Family Law Act 1996 (c. 27)

      2. Part 2

        Consequential amendments

      3. Part 3

        Transitional provision

    10. Schedule 10

      Forbidden degrees of relationship: Scotland

    11. Schedule 11

      Financial provision in Scotland after overseas proceedings

      1. Part 1

        Introductory

      2. Part 2

        Circumstances in which court may entertain application for financial provision

      3. Part 3

        Disposal of applications

      4. Part 4

        The expression “order for financial provision”

    12. Schedule 12

      Prohibited degrees of relationship: Northern Ireland

    13. Schedule 13

      Civil partnerships of persons under 18: Northern Ireland

      1. Part 1

        Appropriate persons

      2. Part 2

        Dispensing with consent

      3. Part 3

        Recording consents and orders

    14. Schedule 14

      Wills, administration of estates and family provision: Northern Ireland

      1. Part 1

        Wills

      2. Part 2

        Administration of estates and family provision

    15. Schedule 15

      Financial relief in the High Court or a county court etc.: Northern Ireland

      1. Part 1

        Financial provision in connection with dissolution, nullity or separation

      2. Part 2

        Property adjustment on or after dissolution, nullity or separation

      3. Part 3

        Pension sharing orders on or after dissolution or nullity order

      4. Part 4

        Matters to which court is to have regard under Parts 1 to 3

      5. Part 5

        Making of Part 1 orders having regard to pension benefits

      6. Part 6

        Pension protection fund compensation etc.

      7. Part 7

        Maintenance pending outcome of dissolution, nullity or separation proceedings

      8. Part 8

        Failure to maintain: financial provision (and interim orders)

      9. Part 9

        Commencement of certain proceedings and duration of certain orders

      10. Part 10

        Variation, discharge etc. of certain orders for financial relief

      11. Part 11

        Arrears and repayments

      12. Part 12

        Consent orders and maintenance agreements

      13. Part 13

        Miscellaneous and supplementary

    16. Schedule 16

      Financial relief in court of summary jurisdiction etc.: Northern Ireland

      1. Part 1

        Failure to maintain etc.: financial provision

      2. Part 2

        Orders for agreed financial provision

      3. Part 3

        Orders of court where civil partners living apart by agreement

      4. Part 4

        Interim orders

      5. Part 5

        Commencement and duration of orders under Parts 1, 2 and 3

      6. Part 6

        Variation etc. of orders

      7. Part 7

        Arrears and repayments

      8. Part 8

        Supplementary

    17. Schedule 17

      Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership

      1. Part 1

        Financial relief

      2. Part 2

        Steps to prevent avoidance prior to application for leave under paragraph 4

      3. Part 3

        Supplementary

    18. Schedule 18

      Housing and tenancies: Northern Ireland

    19. Schedule 19

      Family homes and domestic violence: Northern Ireland

      1. Part 1

        Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))

      2. Part 2

        Consequential amendments

      3. Part 3

        Transitional provision

    20. Schedule 20

      Meaning of overseas relationship: specified relationships

    21. Schedule 21

      References to stepchildren etc. in existing Acts

    22. Schedule 22

      References to stepchildren etc. in existing Northern Ireland legislation

    23. Schedule 23

      Immigration control and formation of civil partnerships

      1. Part 1

        Introduction

      2. Part 2

        England and Wales

      3. Part 3

        Scotland

      4. Part 4

        Northern Ireland

      5. Part 5

        Regulations

    24. Schedule 24

      Social security, child support and tax credits

      1. Part 1

        Amendments of the Child Support Act 1991 (c. 48)

      2. Part 2

        Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

      3. Part 3

        Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

      4. Part 4

        Amendments of the Social Security Administration Act 1992 (c. 5)

      5. Part 5

        Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

      6. Part 6

        Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

      7. Part 7

        Amendments of the Jobseekers Act 1995 (c. 18)

      8. Part 8

        Amendments of the Child Support Act 1995 (c. 34)

      9. Part 9

        Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

      10. Part 10

        Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

      11. Part 11

        Amendments of the Social Security Act 1998 (c. 14)

      12. Part 12

        Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

      13. Part 13

        Amendments of the State Pension Credit Act 2002 (c. 16)

      14. Part 14

        Amendments of the Tax Credits Act 2002 (c. 21)

      15. Part 15

        Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

    25. Schedule 25

      Amendment of certain enactments relating to pensions

    26. Schedule 26

      Amendment of certain enactments relating to the armed forces

    27. Schedule 27

      Minor and consequential amendments: general

    28. Schedule 28

      Consequential amendments: Scotland

      1. Part 1

        Amendments of the Succession (Scotland) Act 1964 (c. 41)

      2. Part 2

        Amendments of the Family Law (Scotland) Act 1985 (c. 37)

      3. Part 3

        Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

      4. Part 4

        Miscellaneous amendments

    29. Schedule 29

      Minor and consequential amendments: Northern Ireland

    30. Schedule 30

      Repeals and revocations

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:—

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