Civil Partnership Act 2004

Civil Partnership Act 2004

2004 CHAPTER 33

Commentary on Sections

Part 4 – Civil Partnership: Northern Ireland.Introduction

Chapter 3 – Property and Financial Arrangements

Section 196: Financial relief for civil partners and children of the family

367. This section introduces Schedule 15, which makes provision for financial relief for civil partners which corresponds to the relief available to married couples in the High Court or a county court under Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 when they go through divorce, nullity or judicial separation proceedings.

368. Subsection (2) provides that if the effect of rules of law is that provisions for financial relief under Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 are interpreted as being available in the case of the dissolution of a marriage on the ground of presumed death, then those rules of law will also apply to the corresponding financial provisions in Schedule 15 to the Act for civil partners, with any necessary modifications. This is to allow case law to be available to civil partners which allows for financial relief to be available if the person who was presumed dead is subsequently proved to be alive.

369. Subsection (3) introduces Schedule 16, which provides civil partners with the right to apply for financial relief in courts of summary jurisdiction in a way that corresponds to the rights that exist for married people under the Domestic Proceedings (Northern Ireland) Order 1980.

370. Subsection (4) introduces Schedule 17, which contains provisions for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled or the civil partners have been legally separated in a country outside the British Islands. “British Islands” is defined in the Interpretation Act 1978 (c. 30) as comprising the United Kingdom, the Channel Islands and the Isle of Man.