The Family Procedure (Civil Partnership: Staying of Proceedings) Rules 2010

Discretionary stays of civil partnership proceedings

4.—(1) Paragraph (2) applies, subject to paragraph (5), where, before the beginning of the trial in any civil partnership proceedings, it appears to the court that—

(a) any relevant proceedings are continuing in another jurisdiction, and

(b) the balance of fairness (including convenience) as between the parties to the civil partnership makes it appropriate for the proceedings in that jurisdiction to be disposed of before further steps are taken—

(i) in the proceedings before the court, or

(ii) in those proceedings so far as they are a particular kind of civil partnership proceedings.

(2) Subject to paragraph (4), the court may order that—

(a) the proceedings before it; or

(b) those proceedings, so far as they are a particular kind of civil partnership proceedings,

be stayed.

(3) In considering the balance of fairness and convenience for the purposes of paragraph (1)(b), the court will have regard to all factors appearing to be relevant, including the convenience of witnesses and any delay or expense which may result from the proceedings being stayed, or not being stayed.

(4) When an application under rule 3 is pending in respect of the proceedings, the court will not exercise its power under paragraph (2) so far as the proceedings are for a dissolution order.

(5) Where, after the beginning of the trial in any civil partnership proceedings, the court is satisfied that a person has failed to perform the duty imposed on that person in respect of the proceedings by rule 2, the court may—

(a) make an order declaring that the court is so satisfied; and

(b) exercise the power under paragraph (2) as if the words “before the beginning of the trial” in paragraph (1) were omitted.

(6) No action lies in respect of the failure of a person to comply with rule 2.