Civil Partnership Act 2004 (c. 33)

Part 5 U.K. Civil partnership formed or dissolved abroad etc.

Chapter 3 U.K. Dissolution etc.: jurisdiction and recognition

Jurisdiction of courts in Northern Ireland N.I.

228 Meaning of “the court” N.I.

In sections 229 to 232 “the court” has the meaning given by section 188.

Commencement Information

I1 S. 228 wholly in force at 5.12.2005; s. 228 not in force at Royal Assent see s. 263; s. 228 in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 2 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 3, Sch. 2

229 Proceedings for dissolution, separation or nullity order N.I.

(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or

(c) the following conditions are met—

(i) the two people concerned registered as civil partners of each other in Northern Ireland,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—

(i) is domiciled in Northern Ireland on the date when the proceedings are begun, or

(ii) 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

(c) the following conditions are met—

(i) the two people concerned registered as civil partners of each other in Northern Ireland,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).

230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

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Textual Amendments

F1 S. 230 repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19, 20, Sch. 2, Sch. 3; S.R. 2009/356, art. 2

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

(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).

(2) The rules may in particular make provision—

(a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and

(b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.

232 Applications for declarations as to validity etc. N.I.

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.