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The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

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Obligatory stays of civil partnership proceedings

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3.—(1) Where, before the beginning of the trial in any proceedings before the court for a dissolution order which are continuing, it appears to the court on the application of a party to the civil partnership—

(a)that, in respect of the same civil partnership, proceedings for the dissolution or annulment of the civil partnership are continuing in a related jurisdiction;

(b)that the parties to the civil partnership have lived together after its formation;

(c)that the place where they lived together—

(i)on the date when the proceedings before the court were begun, or

(ii)if they did not live together at that date, where they last lived together before those proceedings were begun,

is in that jurisdiction; and

(d)that either of those parties was habitually resident in that jurisdiction throughout the year ending with the date on which they last lived together before the proceedings before the court were begun,

the court must order that the proceedings before it be stayed.

(2) But paragraph (1) does not apply if rule 5(3) applies.

(3) Where the proceedings before the court referred to in paragraph (1) are also proceedings other than for a dissolution order, this rule applies only to the proceedings so far as they are for a dissolution order.

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