The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Civil Partnership Act 2004

25.—(1) The Civil Partnership Act 2004(1) is amended as follows.

(2) In section 227 (Scottish ancillary and collateral orders)—

(a) in subsection (3), for “subsections (3A) and (3B)” substitute “subsection (3A)”;

(b) omit subsection (3B);

(c) omit subsection (6).

(3) In Schedule 5 (financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973), in Part 9 (failure to maintain: financial provision (and interim orders)), in paragraph 39 (circumstances in which orders under this Part may be made)—

(a) for sub-paragraph (2) substitute—

“(2) The court must not entertain an application under this paragraph unless–

(a) the applicant or the respondent is domiciled in England and Wales on the date of the application,

(b) the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

(c) the respondent is resident there on that date.”;

(b) omit sub-paragraph (5).

(4) In Schedule 5, in Part 13 (consent orders and maintenance agreements), in paragraph 69 (alternation of agreements by court during lives of parties)—

(a) in sub-paragraph (1), omit “Subject to sub-paragraph (1A),”;

(b) omit sub-paragraph (1A);

(c) omit sub-paragraph (7).

(5) In Schedule 6, in Part 8 (financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates’ Courts Act 1978: supplementary), in paragraph 47 (provisions as to jurisdiction and procedure), omit—

(a) sub-paragraph (1A);

(b) sub-paragraph (5).

(6) In Schedule 7 (financial relief in England and Wales after overseas dissolution etc. of a civil partnership), in Part 1 (financial relief) —

(a) in paragraph 7 (jurisdiction of the court)—

(i) in sub-paragraph (1), omit “Subject to sub-paragraph (6),”;

(ii) omit sub-paragraph (6);

(iii) omit sub-paragraph (7);

(b) in paragraph 8 (duty of the court to consider whether England and Wales is appropriate venue for application)—

(i) in sub-paragraph (2), omit “Subject to sub-paragraph (4),”;

(ii) omit sub-paragraph (4);

(iii) omit sub-paragraph (5).

(7) In Schedule 11, in Part 2 (circumstances in which the court may entertain application for financial provision), in paragraph 2—

(a) in sub-paragraph (1), omit “Subject to sub-paragraphs (3A) and (4),”;

(b) omit sub-paragraph (3A);

(c) omit sub-paragraph (5).

(8) In Schedule 15—

(a) in Part 8 (failure to maintain: financial provision (and interim orders)), in paragraph 34—

(i) for sub-paragraph (2) substitute—

“(2) The court must not entertain an application under this paragraph unless–

(a) the applicant or the respondent is domiciled in Northern Ireland on the date of the application,

(b) the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

(c) the respondent is resident there on that date.”;

(ii) omit sub-paragraph (5);

(b) in Part 12 (consent orders and maintenance agreements), in paragraph 62—

(i) in sub-paragraph (1), omit “Subject to sub-paragraph (1A),”;

(ii) omit sub-paragraph (1A);

(iii) omit sub-paragraph (7).

(9) In Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of a civil partnership), in Part 1 (financial relief)—

(a) in paragraph 7—

(i) in sub-paragraph (1), omit “Subject to sub-paragraph (6),”;

(ii) omit sub-paragraph (6);

(iii) omit sub-paragraph (7);

(b) in paragraph 8—

(i) in sub-paragraph (2), omit “Subject to sub-paragraph (4),”;

(ii) omit sub-paragraph (4);

(iii) omit sub-paragraph (5).

(1)

2004 c. 33, amended by S.I. 2011/1484.