Civil Partnership Act 2004

Jurisdiction of the court

7 (1) The court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied.

(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.