Civil Partnership Act 2004

Civil Partnership Act 2004

2004 CHAPTER 33

Commentary on Sections

Part 5 – Civil partnerships formed or dissolved abroad etc.Introduction

Chapter 3 - Dissolution etc.: jurisdiction and recognition

Section 224: Applications for declarations as to validity etc.

439. This section gives the court jurisdiction in relation to proceedings under section 58 (declarations in relation to a civil partnership) provided either of the civil partners is domiciled in England and Wales on the date of the application or has been habitually resident there throughout the year ending with that date, or died before that date and was at death domiciled in England and Wales or had been habitually resident there throughout the year ending with the date of death. A further discretionary ground of jurisdiction is made available for those cases where the couple registered as civil partners of each other in England and Wales. This will operate where the court decides it is in the interests of justice to assume jurisdiction.