The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005

Amendments to the Family Law Act 1986(1)

19.—(1) Amend section 42 (general interpretation of Part I) as follows.

(2) After subsection (2) insert—

“(2A) For the purposes of this Part proceedings in England and Wales or in Northern Ireland for dissolution, annulment or legal separation in respect of the civil partnership of the parents of the child shall, unless they have been dismissed, be treated as continuing until the child concerned attains the age of eighteen (whether or not a dissolution, nullity or separation order has been made and whether or not, in the case of a dissolution or nullity order, that order has been made final).”

(3) In subsection (3) after “matrimonial proceedings” insert “or civil partnership proceedings”.

(4) After subsection (4) insert—

“(4A) Any reference in this Part to proceedings in respect of the civil partnership of the parents of a child shall, in relation to a child who, although not a child of the civil partners, is a child of the family of the civil partners, be construed as a reference to proceedings in respect of that civil partnership; and for this purpose “child of the family” has the meaning given in paragraphs (a) to (c) of subsection (4) (but substituting references to the civil partners for references to the parties to the marriage).”

(1)

1986 c. 55, as amended by the Children Act 1989 s. 108(5) Schedule 13, the Children (NI) Order 1995 S.I. 1995/755 and S.I. 2005/265.