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The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 ISBN 978-0-11-112240-2

Recognition of a dissolution of a deemed civil partnership

This section has no associated Explanatory Memorandum

7.—(1) If—

(a)a final order is made in relation to the deemed civil partnership; and

(b)the validity of that order is recognised throughout the United Kingdom,

that order has, throughout the United Kingdom, the same effect in relation to the Scottish marriage that it has in relation to the deemed civil partnership.

(2) If—

(a)a separation order is made in relation to the relevant couple as parties to the deemed civil partnership; and

(b)the validity of that order is recognised throughout the United Kingdom,

that order has, throughout the United Kingdom, the same effect in relation to the couple as parties to the Scottish marriage that it has in relation to them as parties to the deemed civil partnership (and has effect in relation to any other persons accordingly).

(3) In this article—

“deemed civil partnership” means the civil partnership which the actual marriage is treated as being by virtue of article 6;

“final order” means—

(a)

the dissolution or annulment of a civil partnership obtained from a court of civil jurisdiction in Northern Ireland;

(b)

an overseas dissolution or annulment;

“relevant couple” means the same sex couple who are parties to the actual marriage; and

“separation order” means—

(a)

a legal separation of the parties to a civil partnership obtained from a court of civil jurisdiction in Northern Ireland;

(b)

an overseas legal separation of the parties to a civil partnership.

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