Civil Partnership Act 2004

Declarations E+W

58 Declarations E+W

(1) Any person may apply to the High Court or a county court for one or more of the following declarations in relation to a civil partnership specified in the application—

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

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

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

(d) 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;

(e) 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.

(2) Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.

59 General provisions as to making and effect of declarations E+W

(1) Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.

(2) Any declaration under section 58 binds Her Majesty and all other persons.

(3) The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.

(4) No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.

(5) No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.

(6) Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.

60 The Attorney General and proceedings for declarations E+W

(1) On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(2) The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—

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

(b) 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.

(3) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

61 Supplementary provisions as to declarations E+W

(1) Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.

(2) Rules of court may make provision—

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

(b) 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.

(3) No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.

(4) The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.

(5) An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.

Commencement Information

I1 S. 61 wholly in force at 5.12.2005; s. 61 not in force at Royal Assent see s. 263; s. 61(1) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 61(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1