Civil Partnership Act 2004 - legislation

1 Civil Partnership Act 2004 CHAPTER 33 CONTENTSPART 1 INTRODUCTION1 Civil partnershipPART 2 Civil Partnership : ENGLAND AND WALESCHAPTER 1 REGISTRATIONF ormation, eligibility and parental etc. consent2 Formation of Civil Partnership by registration3 Eligibility4 Parental etc. consent where proposed Civil partner under 18 Registration procedure: general5 Types of pre-registration procedure6 Place of registration7 The Civil Partnership documentThe standard procedure8 Notice of proposed Civil Partnership and declaration9 Power to require evidence of name Civil Partnership to be publicised11 Meaning of the waiting period 12 Power to shorten the waiting periodCivil Partnership Act 2004 (c.)

2 33)ii13 Objection to proposed Civil partnership14 Issue of Civil Partnership schedule15 Appeal against refusal to issue Civil Partnership schedule16 Frivolous objections and representations: liability for costs during which registration may take placeThe procedures for house-bound and detained persons18 House-bound persons19 Detained personsModified procedures for certain non-residents20 Modified procedures for certain non-residentsThe special procedure21 Notice of proposed Civil partnership22 Evidence to be produced23 Application to be reported to Registrar General24 Objection to issue of Registrar General s licence25 Issue of Registrar General s licence26 Frivolous objections.

3 Liability for costs27 Period during which registration may take placeSupplementary28 Registration authorities29 Civil Partnership registrars30 The Registrar General and the register31 Offences relating to Civil Partnership schedule32 Offences relating to Registrar General s licence33 Offences relating to the recording of Civil partnerships34 Fees35 Power to assimilate provisions relating to Civil registration36 Regulations and ordersCHAPTER 2 dissolution , NULLITY AND OTHER PROCEEDINGSI ntroduction37 Powers to make orders and effect of orders38 The period before conditional orders may be made final39 Intervention of the Queen s Proctor40 Proceedings before order has been made final41 Time bar on applications for dissolution orders42 Attempts at reconciliation of Civil partners43 Consideration by the court of certain agreements or arrangementsDissolution of Civil partnership44 dissolution of Civil Partnership which has broken down irretrievablyCivil Partnership Act 2004 (c.)

4 33)iii45 Supplemental provisions as to facts raising presumption of breakdown46 dissolution order not precluded by previous separation order of dissolution in 5 year separation cases on ground of grave hardship48 Proceedings before order made final: protection for respondent in separationcasesNullity49 Grounds on which Civil Partnership is void50 Grounds on which Civil Partnership is voidable51 Bars to relief where Civil Partnership is voidable52 Proof of certain matters not necessary to validity of Civil partnership53 Power to validate Civil partnership54 Validity of Civil partnerships registered outside England and WalesPresumption of death orders55 Presumption of death ordersSeparation orders56 separation orders57 Effect of separation orderDeclarations58 Declarations59 General provisions as to making and effect of declarations60 The

5 Attorney General and proceedings for declarations61 Supplementary provisions as to declarationsGeneral provisions62 Relief for respondent in dissolution proceedings63 Restrictions on making of orders affecting children64 Parties to proceedings under this ChapterCHAPTER 3 PROPERTY AND FINANCIAL ARRANGEMENTS65 Contribution by Civil partner to property improvement66 Disputes between Civil partners about property67 Applications under section 66 where property not in possession under section 66 by former Civil partners69 Actions in tort between Civil partners70 Assurance policy by Civil partner for benefit of other Civil partner , administration of estates and family provision72 Financial relief for Civil partners and children of familyCivil Partnership Act 2004 (c.)

6 33)ivCHAPTER 4 Civil Partnership AGREEMENTS73 Civil Partnership agreements unenforceable74 Property where Civil Partnership agreement is terminatedCHAPTER 5 CHILDREN75 Parental responsibility, children of the family and relatives76 Guardianship77 Entitlement to apply for residence or contact order78 Financial provision for children79 AdoptionCHAPTER 6 MISCELLANEOUS80 False statements etc. with reference to Civil partnerships81 Housing and tenancies82 Family homes and domestic violence83 Fatal accidents claims84 EvidencePART 3 Civil Partnership : SCOTLANDCHAPTER 1 FORMATION AND ELIGIBILITY85 Formation of Civil Partnership by registration86 EligibilityCHAPTER 2 REGISTRATION87 Appointment of authorised registrars88 Notice of proposed Civil partnership89 Civil Partnership notice book90 Publicisation91 Early registration92 Objections to registration93 Place of registration94 The Civil Partnership schedule95 Further provision as to registration96 Civil Partnership with former spouse97 Certificates of no impediment for Part 2 purposes98 Application of certain sections of 1965 Act to Civil Partnership registerCivil Partnership Act 2004 (c.

7 33)v99 Correction of errors in Civil Partnership register100 OffencesCHAPTER 3 OCCUPANCY RIGHTS AND TENANCIESO ccupancy rights101 Occupancy rights102 Occupancy: subsidiary and consequential rights103 Regulation by court of rights of occupancy of family home104 Exclusion orders105 Duration of orders under sections 103 and 104106 Continued exercise of occupancy rights after dealing107 Dispensation with Civil partner s consent to dealing108 Interests of heritable creditors109 Provisions where both Civil partners have title110 Rights of occupancy in relation to division and sale111 AdjudicationTransfer of tenancy112 Transfer of tenancyCHAPTER 4 INTERDICTS113 Civil partners.

8 Competency of interdict114 Attachment of powers of arrest to relevant interdicts115 Police powers after arrest116 Procedure after arrestCHAPTER 5 dissolution , separation AND NULLITYD issolution and separation117 Dissolution118 Encouragement of reconciliation119 Effect of resumption of cohabitation120 Separation121 dissolution following on decree of separation122 Registration of dissolution of Civil partnershipNullity123 Nullity124 Validity of Civil partnerships registered outside ScotlandCivil Partnership Act 2004 (c. 33)viFinancial provision after overseas proceedings125 Financial provision after overseas dissolution or annulmentCHAPTER 6 MISCELLANEOUS AND INTERPRETATIONM iscellaneous126 Regulations127 Attachment128 Promise or agreement to enter into Civil partnership129 Lord Advocate as party to action for nullity or dissolution of Civil partnership130 Civil partner of accused a competent witness131 Succession: legal rights arising by virtue of Civil partnership132 Assurance policies133 Council Tax.

9 Liability of Civil partners134 General provisions as to feesInterpretation135 Interpretation of this Part136 The expression relative in the 1965 ActPART 4 Civil Partnership : NORTHERN IRELANDCHAPTER 1 REGISTRATIONF ormation and eligibility137 Formation of Civil Partnership by registration138 EligibilityPreliminaries to registration139 Notice of proposed Civil partnership140 Civil Partnership notice book and list of intended Civil partnerships141 Power to require evidence of name Partnership schedule144 Place of registrationYoung persons145 Parental etc. consent where proposed Civil partner under 18 Supplementary146 Validity of registration147 Corrections and cancellationsCivil Partnership Act 2004 (c.)

10 33)vii148 Interpreters149 Detained persons150 Certificates of no impediment for Part 2 purposes151 Registration districts and registration authorities152 Registrars and other staff153 Records and documents to be sent to Registrar General154 Annual report155 Searches156 Proof of Civil Partnership for purposes of certain statutory provisions157 Fees158 Offences159 Regulations160 InterpretationCHAPTER 2 dissolution , NULLITY AND OTHER PROCEEDINGSI ntroduction161 Powers to make orders and effect of orders162 The period before conditional orders may be made final163 Intervention by the Crown Solicitor164 Proceedings before order has been made final165 Time bar on applications for dissolution orders166 Attempts at reconciliation of Civil partners167 Consideration by the court of certain agreements or arrangementsDissolution of Civil partnership168 dissolution of Civil Partnership which has broken down irretrievably169 Supplemental provisions as to facts raising presumption of breakdown170 dissolution order not