Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 17 N.I. Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership

Modifications etc. (not altering text)

C1 Sch. 17: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Part 1 N.I. Financial relief

Prospective

Jurisdiction of the court N.I.

7 (1) [F1 Subject to sub-paragraph (6),] the court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied. N.I.

(2) The first requirement is that either of the civil partners—

(a) was domiciled in Northern Ireland on the date when the leave was applied for, or

(b) was domiciled in Northern Ireland on the date when the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

(3) The second is that either of the civil partners—

(a) was habitually resident in Northern Ireland throughout the period of one year ending with the date when the leave was applied for, or

(b) was habitually resident in Northern Ireland throughout the period of one year ending with the date on which the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

(4) The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in Northern Ireland which was at some time during the civil partnership a civil partnership home of the civil partners.

(5) In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.

[F2 (6) If an application or part of an application relates to a matter [F3 to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18].

(7) In sub-paragraph (6) [F4 “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague].]

Textual Amendments

F1 Words in Sch. 17 para. 7(1) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(10)(a)(i)

F2 Sch. 17 para. 7(6)(7) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(10)(a)(ii)

F3 Words in Sch. 17 para. 7(6) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 25(9)(a)(i) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(vi))

F4 Words in Sch. 17 para. 7(7) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 25(9)(a)(ii) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(vi))