Civil Partnership Act 2004

at the invitation of, and in the presence of, a civil partnership registrar, and

in the presence of each other and two witnesses.

each of the two witnesses, and

the civil partnership registrar.

the fact that the two people have registered as civil partners of each other, and

any other information prescribed by regulations,

they are not of the same sex,

either of them is already a civil partner or lawfully married,

either of them is under 16, or

they are within prohibited degrees of relationship.

the standard procedure;

the procedure for house-bound persons;

the procedure for detained persons;

the special procedure (which is for cases where a person is seriously ill and not expected to recover).

section 20 (modified procedures for certain non-residents);

Schedule 3 (former spouses one of whom has changed sex).

Part 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), and

Parts 2 and 3 of Schedule 2 (provisions applicable where proposed civil partner is under 18).

must be in England or Wales,

must not be in religious premises, and

must be specified in the notices, or notice, of proposed civil partnership required by this Chapter.

are used solely or mainly for religious purposes, or

have been so used and have not subsequently been used solely or mainly for other purposes.

on approved premises, or

in a register office.

the kind of premises in respect of which approvals may be granted;

the procedure to be followed in relation to applications for approval;

the considerations to be taken into account by a registration authority in determining whether to approve any premises;

the duration and renewal of approvals;

the conditions that must or may be imposed by a registration authority on granting or renewing an approval;

the determination and charging by registration authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;

the circumstances in which a registration authority must or may revoke an approval;

the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;

the notification to the Registrar General of all approvals granted, renewed or revoked;

the keeping by registration authorities of registers of approved premises;

the issue by the Registrar General of guidance supplementing the provision made by the regulations.

in relation to the special procedure, a Registrar General’s licence, and

in relation to any other procedure, a civil partnership schedule.

the civil partnership document must be delivered to the civil partnership registrar, and

the civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.

if the proposed civil partners have resided in the area of the same registration authority for the period of 7 days immediately before the giving of the notice, by each of them to that registration authority;

if the proposed civil partners have not resided in the area of the same registration authority for that period, by each of them to the registration authority in whose area he or she has resided for that period.

at the time when the notice is given, and

in the presence of an authorised person;

that the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;

that the proposed civil partners have for the period of 7 days immediately before the giving of the notice had their usual places of residence in the area of the registration authority, or in the areas of the registration authorities, to which notice is given.

the fact that the notice has been given and the information in it;

the fact that the authorised person has attested the declaration.

relating to that person, or

if the registration authority considers that the circumstances are exceptional, relating not only to that person but also to that person’s proposed civil partner.

of the person’s name and surname,

of the person’s age,

as to whether the person has previously formed a civil partnership or a marriage and, if so, as to the ending of the civil partnership or marriage, F6and

of the person’s nationality, F7. . .

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the name of the person giving the notice,

the name of that person’s proposed civil partner, and

such other information F9included in the notice of proposed civil partnership as may be prescribed by regulations.

the power conferred by subsection (1) to be exercised by a registration authority on behalf of the Registrar General in such classes of case as are prescribed by the regulations;

the making of an appeal to the Registrar General against a decision taken by a registration authority in accordance with regulations made by virtue of paragraph (a).

state the objector’s place of residence and the ground of objection, and

be signed by or on behalf of the objector.

the relevant registration authority has investigated the objection and is satisfied that the objection ought not to obstruct the issue of the civil partnership schedule, or

the objection has been withdrawn by the person who made it.

because an objection to its issue has been made under section 13, or

in reliance on section 14(3),

a person objects to the issue of a civil partnership schedule, but

the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of the civil partnership schedule.

in reliance on section 14(3), the registration authority refuses to issue a civil partnership schedule as a result of a representation made to it, and

on an appeal under section 15 against the refusal, the Registrar General declares that the representation is frivolous and ought not to obstruct the issue of the civil partnership schedule.

the costs of the proceedings before the Registrar General, and

damages recoverable by the proposed civil partner to whom the objection or representation relates.

the notices of proposed civil partnership and the civil partnership schedule are void, and

no civil partnership registrar may officiate at the signing of the civil partnership schedule by them.

the day on which the notices of proposed civil partnership are recorded, or

if the notices are not recorded on the same day, the earlier of those days.

because of illness or disability, that person ought not to move or be moved from the place where he is at the time when the statement is made, and

it is likely to be the case for at least the following 3 months that because of the illness or disability that person ought not to move or be moved from that place.

each notice of proposed civil partnership must be accompanied by a statement under subsection (2) (“a medical statement”), which must have been made not more than 14 days before the day on which the notice is recorded,

the fact that the registration authority to whom the notice is given has received the medical statement must be recorded in the register, and

as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term detentions)), or

in a prison or other place to which the Prison Act 1952 (c. 52) applies.

each notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,

the fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, and

identifies the establishment where the person is detained, and

states that the responsible authority has no objection to that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner.

if the person is detained in a hospital, the hospital’s managers;

if the person is detained in a prison or other place to which the 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.

two people wish to register as civil partners of each other in England and Wales, and

one of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.

two people wish to register as civil partners of each other in England and Wales, and

one of them (“A”) is F15an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea. and the other (“B”) resides in England or Wales.

A is not required to give a notice of proposed civil partnership under this Chapter;

B may make the necessary declaration without reference to A's usual place of residence for any period;

the waiting period is calculated by reference to the day on which B’s notice is recorded;

the civil partnership schedule is not to be issued by a registration authority unless A or B produces to that registration authority a certificate of no impediment issued to A under the relevant provision;

the applicable period is calculated by reference to the day on which B’s notice is recorded and, where the standard procedure is used in the F17first case, is the period of 3 months beginning with that day;

section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.

if A resides in Scotland, section 97;

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if A is F19an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea, section 239.

give a notice of proposed civil partnership to the registration authority for the area in which it is proposed that the registration take place, and

comply with any requirement made under section 22.

that there is no lawful impediment to the formation of the civil partnership,

that the conditions in subsection (2) are met, and

that there is sufficient reason why a licence should be granted.

is seriously ill and not expected to recover,

cannot be moved to a place where they could be registered as civil partners of each other under the standard procedure, and

understands the nature and purport of signing a Registrar General's licence.

state the objector’s place of residence and the ground of objection, and

be signed by or on behalf of the objector.

may not give his authority unless he is satisfied that one of the proposed civil partners is seriously ill and not expected to recover, but

if so satisfied, must give his authority unless a lawful impediment to the issue of his licence has been shown to his satisfaction to exist.

he has investigated the objection and decided whether it ought to obstruct the issue of his licence, or

the objection has been withdrawn by the person who made it.

a person objects to the Registrar General giving authority for the issue of his licence, but

the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of his licence.

the costs of the proceedings before the Registrar General, and

damages recoverable by the proposed civil partner to whom the objection relates.

the notice of proposed civil partnership and the licence are void, and

no civil partnership registrar may officiate at the signing of the licence by them.

of any designation it has made of a person as a civil partnership registrar, and

of the ending of any such designation.

before the waiting period in relation to each notice of proposed civil partnership has expired,

after the end of the applicable period, or

at a time when its issue has been forbidden under Schedule 2 by a person entitled to forbid its issue.

at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,

on premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),

at any other time other than between 8 o'clock in the morning and 6 o'clock in the evening,

in the absence of a civil partnership registrar,

before the waiting period in relation to each notice of proposed civil partnership has expired, or

even though the civil partnership is void under section 49(b) or (c).

he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;

he gives a certificate as provided for by section 22(3), knowing that the certificate is false.

at a place other than the place specified in the licence,

in the absence of a civil partnership registrar,

after the end of 1 month from the day on which the notice of proposed civil partnership was given, or

even though the civil partnership is void under section 49(b) or (c).

on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);

on summary conviction, to a fine not exceeding the statutory maximum.

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

on summary conviction, to a fine not exceeding the statutory maximum;

under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but

he refuses or without reasonable cause omits to do so.

on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);

on summary conviction, to a fine not exceeding the statutory maximum.

the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;

the making of an application under section 12(1) (application to reduce waiting period);

the issue of a Registrar General’s licence;

the attendance of the civil partnership registrar when two people sign the civil partnership document;

such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.

subsection (1)(d) does not apply, but

the registration authority for that area is entitled from those people a fee of an amount determined by the authority in accordance with regulations under section 6A.

such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made F27. . . in relation to civil marriage in England and Wales, and

such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).

relating to the use of Welsh in documents and records relating to civil partnerships;

with respect to the retention of documents relating to civil partnerships;

prescribing the duties of civil partnership registrars;

prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;

for the issue by the Registrar General of guidance supplementing any provision made by the regulations.

for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.

make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;

make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;

make an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;

make an order (a “separation order”) which provides for the separation of the civil partners.

is, in the first instance, a conditional order, and

may not be made final before the end of the prescribed period (see section 38);

the High Court, or

if a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court.

6 weeks from the making of the conditional order, or

if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.

during the progress of the proceedings, or

before the conditional order is made final,

the payment by other parties to the proceedings of the costs incurred by him in doing so, or

the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.

the costs of any proceedings under subsection (2);

if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;

if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).

a conditional order has been made, and

the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

a conditional order has been made,

3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,

no such application has been made by the civil partner who applied for the conditional order, and

the other civil partner makes an application to the court under this subsection.

make the order final,

rescind the order,

require further inquiry, or

otherwise deal with the case as it thinks fit.

applies despite section 37(2) (period before conditional orders may be made final), but

is subject to section 48(4) (protection for respondent in separation cases) and section 63 (restrictions on making of orders affecting children).

discussed with the applicant the possibility of a reconciliation with the other civil partner, and

given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.

proceedings for a dissolution or separation order are contemplated or have begun, and

an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.

the civil partners, or either of them, to refer the agreement or arrangement to the court, and

the facts alleged by the applicant, and

any facts alleged by the respondent.

that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);

that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.

in any proceedings for a dissolution order the applicant alleges, in reliance on section 44(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but

after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.

the consequences to him of consenting to the making of the order, and

the steps which he must take to indicate his consent.

any one period not exceeding 6 months, or

any two or more periods not exceeding 6 months in all,

a separation order;

an order under Schedule 6 (financial relief in magistrates' courts etc.);

an order under section 33 of the Family Law Act 1996 (c. 27) (occupation orders);

an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).

either civil partner from applying for a dissolution order, or

the court from making a dissolution order,

may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but

must not make the dissolution order without receiving evidence from the applicant.

the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,

there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and

the civil partners have not resumed living together and the separation order has been continuously in force since it was made,

an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or

an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.

the dissolution of the civil partnership will result in grave financial or other hardship to him, and

it would in all the circumstances be wrong to dissolve the civil partnership.

the making of a dissolution order is opposed under this section,

the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 44(5), and

apart from this section, the court would make a dissolution order.

consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and

if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.

it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,

it made no such finding as to any other fact mentioned in section 44(5), and

it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.

the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and

the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.

the applicant should not be required to make any financial provision for the respondent, or

it appears that there are circumstances making it desirable that the order should be made final without delay, and

it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.

either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

at the time of its formation, the respondent was pregnant by some person other than the applicant;

an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;

the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.

that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and

that it would be unjust to the respondent to make the order.

it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or

leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).

is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and

considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.

that any person whose consent to the civil partnership was required by section 4 (parental etc. consent) had given his consent, or

that before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence;

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

consider all objections to the order sent to him in writing during that month, and

if it appears to him necessary, direct a local inquiry into the validity of any such objections.

void, if it would be void in Scotland under section 123, and

voidable, if the circumstances fall within section 50(1)(d).

void, if it would be void in Northern Ireland under section 173, and

voidable, if the circumstances fall within any paragraph of section 50(1).

section 210 (registration at British consulates etc.), or

section 211 (registration by armed forces personnel),

the relationship is not an overseas relationship, or

(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

the overseas relationship is voidable under the relevant law,

the circumstances fall within section 50(1)(d), or

where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).

subsections (1)(b), (2)(b) and (4)(b),

subsection (8)(a), in so far as applicable in accordance with the relevant law, and

subsection (8)(b) and (c).

for a period of 7 years or more the other civil partner has been continually absent from the applicant, and

the applicant has no reason to believe that the other civil partner has been living within that time,

the facts alleged by the applicant, and

any facts alleged by the respondent,

a declaration that the civil partnership was at its inception a valid civil partnership;

a declaration that the civil partnership subsisted on a date specified in the application;

a declaration that the civil partnership did not subsist on a date so specified;

a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;

a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.

intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and

argue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.

as to the information required to be given by any applicant for a declaration under section 58;

requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.

the respondent as the applicant, and

the applicant as the respondent,

whether there are any children of the family to whom this section applies, and

if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children Act 1989 (c. 41) with respect to any of them.

the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1989 Act with respect to any such child,

it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and

there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,

any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and

any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.

the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,

the dismissal from such proceedings of any parties so joined, and

the persons who are to be parties to proceedings on an application under section 58.

if in occupation, a right to continue to occupy the family home;

if not in occupation, a right to enter into and occupy the family home.

in a particular family home, or

in a particular property which it is intended by the civil partners will become their family home.

there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and

during that period the non-entitled partner has not occupied the family home,

to make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements);

to perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements);

to enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance;

to carry out such essential repairs as the entitled partner may carry out;

to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner.

without the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1);

with the consent of the other partner, on anything relating to a family home.

either partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home.

the entitled partner is a tenant of a family home,

possession of it is necessary in order to continue the tenancy, and

the entitled partner abandons such possession,

declaring the occupancy rights of the applicant partner;

enforcing the occupancy rights of the applicant partner;

restricting the occupancy rights of the non-applicant partner;

regulating the exercise by either partner of his or her occupancy rights;

protecting the occupancy rights of the applicant partner in relation to the other partner.

the conduct of the partners, whether in relation to each other or otherwise,

the respective needs and financial resources of the partners,

the needs of any child of the family,

whether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation.

the residence of either partner in the home to which the application relates,

the personal effects of either partner or of any child of the family, or

the furniture and plenishings,

on the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, or

on the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired,

having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), and

to grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy,

to grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, and

to grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy.

grant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home;

where the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home;

on the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe;

on the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c).

on the dissolution of the civil partnership,

subject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, or

where both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted.

the continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, and

a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

a person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, or

a person derives title to the home from a person who acquired title as mentioned in paragraph (a).

the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,

the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,

the dealing occurred, or implements a binding obligation entered into, before the commencement of this section,

the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of F612 years has elapsed during which the non-entitled partner has not occupied the family home.

such consent is unreasonably withheld,

such consent cannot be given by reason of physical or mental disability, or

the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.

negotiations with a third party have not begun, or

negotiations have begun but a price has not been agreed.

the price agreed for the sale is no less than such amount as the court specifies in the order, and

the contract for the sale is concluded before the expiry of such period as may be so specified.

the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and

the security is executed before the expiry of such period as may be so specified.

that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.

to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,

to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.

an application is made for an order under this section, and

an action is or has been raised by a non-entitled partner to enforce occupancy rights,

the entitled partner is not in occupation, and

there is a third party with such an interest in the family home,

F65a written declaration signed by the entitled partner declaring that there is no non-entitled partner, or

a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.

F66a written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or

a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.

the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and

a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and

in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.

order the reduction of the decree, or

make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

for dissolution of a civil partnership, the Court of Session or the sheriff,

for declarator of nullity of a civil partnership, the Court of Session,

is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,

is or is part of an agricultural holding,

is let on a long lease, or

is part of the tenancy land of a tenant-at-will.

in subsection (3), for “tenant” there is substituted “ sole tenant ”;

in subsection (4), for “non-entitled” there is substituted “ applicant ”;

in subsection (5), for “non-entitled” there is substituted “ applicant ”,

in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;

the civil partnership has broken down irretrievably, or

an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners.

since the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender,

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

there has been no cohabitation between the civil partners at any time during a continuous period of F76one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, or

there has been no cohabitation between the civil partners at any time during a continuous period of F77two years after that date and immediately preceding the bringing of the action.

as to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent,

cause a search of the index to be made on behalf of any person or permit any person to search the index himself,

issue to any person an extract of any entry in the register which that person may require.

delete,

amend, or

substitute another entry for,

they were not eligible to do so, F85. . .

though they were so eligible, either of them did not F86. . . consent to its formation F87, or.

at the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error.

error as to the nature of civil partnership, or

a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.

the civil partnership is void if it would be void in England and Wales under section 49, and

the civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e).

void, if it would be void in Northern Ireland under section 173, and

voidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e).

section 210 (registration at British consulates etc.), or

section 211 (registration by armed forces personnel),

the relationship is not an overseas relationship, or

(even though the relationship is an overseas relationship), the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

the overseas relationship is voidable under the relevant law,

where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or

where either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).

subsections (1)(b), (2)(b) and (4)(b),

subsection (8)(a), in so far as applicable in accordance with the relevant law, and

subsection (8)(b) and (c).

A and B's civil partnership is terminated by dissolution or annulment, and

after the dissolution or annulment A dies.

by the accused, or

without the consent of the accused, by a co-accused or by the prosecutor.

the tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, and

following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,

each other,

two witnesses both of whom profess to be 16 or over, and

the registrar.

each of the two witnesses, and

the registrar.

they are not of the same sex,

either of them is already a civil partner or lawfully married,

either of them is under 16,

they are within prohibited degrees of relationship, or

either of them is incapable of understanding the nature of civil partnership.

in the prescribed form, and

accompanied by the prescribed fee and such documents and other information as may be prescribed.

such particulars as may be prescribed, taken from each civil partnership notice received by him, and

the date on which each civil partnership notice is received by him.

the names of the proposed civil partners, and

the date on which it is intended to register them as civil partners of each other.

of the person’s name and surname,

of the person’s age,

as to whether the person is or has been a civil partner or lawfully married, and

of the person’s nationality.