Civil Partnership Act 2004 Explanatory Notes

The Act

8.The Act is in 8 Parts and has 30 Schedules.

9.Part 1 describes how a civil partnership is formed and how it ends.

10.Part 2 sets out the arrangements for civil partnerships in England and Wales.

  • Chapter 1 makes provision for the formation of a civil partnership by registration.

  • Chapter 2 makes provision for the dissolution of a civil partnership, nullity and other proceedings.

  • Chapter 3 makes provision for property and financial arrangements.

  • Chapter 4 sets out the effect of agreeing to form a civil partnership.

  • Chapter 5 covers issues relating to children.

  • Chapter 6 covers other miscellaneous provisions.

11.Part 3 sets out the arrangements for civil partnerships in Scotland.

  • Chapter 1 deals with formation and eligibility.

  • Chapter 2 makes provision for the formation of a civil partnership by registration.

  • Chapter 3 makes provision relating to occupancy rights and tenancies.

  • Chapter 4 makes provision for interdicts.

  • Chapter 5 makes provision for the dissolution of a civil partnership, separation and nullity.

  • Chapter 6 covers other miscellaneous provisions and matters of interpretation.

12.Part 4 makes provision for civil partnerships in Northern Ireland.

  • Chapter 1 makes provision for the formation of a civil partnership by registration.

  • Chapter 2 makes provision regarding dissolution, nullity and other proceedings.

  • Chapter 3 makes provisions for property and financial arrangements.

  • Chapter 4 sets out the effect of agreeing to form a civil partnership.

  • Chapter 5 covers issues relating to children.

  • Chapter 6 covers other miscellaneous provisions.

13.Part 5 deals with civil partnerships formed or dissolved abroad.

  • Chapter 1 makes provision for registration outside the UK under the provisions of an Order in Council.

  • Chapter 2 makes provision for certain overseas relationships to be treated as civil partnerships.

  • Chapter 3 sets out the circumstances in which courts in the UK will have jurisdiction in relation to the dissolution or annulment of a civil partnership or the legal separation of civil partners, and makes provision for recognition of dissolutions etc. obtained in other parts of or outside the UK.

  • Chapter 4 covers other miscellaneous and supplementary matters.

14.Part 6 deals with relationships arising through civil partnership.

15.Part 7 contains miscellaneous provisions including those relating to social security, child support and tax credits.

16.Part 8 contains supplementary material such as powers to make regulations and orders, commencement and extent.

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