Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

Part 1 — Introduction

Civil partnership

1

(1) A civil partnership is a relationship between two people ... (“civil partners”)—

(a) which is formed when they register as civil partners of each other—

(i) in England or Wales (under Part 2),

(ii) in Scotland (under Part 3),

(iii) in Northern Ireland (under Part 4), or

(iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

(b) which they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship , or

(c) which results from the conversion, under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, of their marriage.

(2) Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.

(a) A civil partnership ends only on death, dissolution or annulment , or

(b) in the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 , or

(c) on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977) , or

(d) in the case of a civil partnership formed as mentioned in subsection (1)(a)(iii) or (iv), on the conversion of the civil partnership into a marriage—

(i) under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or

(ii) under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.

(3A) Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).

(4) The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.

(5) References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.

Part 2 — Civil partnership: England and Wales

Chapter 1 — Registration

Formation of civil partnership by registration

2

(1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—

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

(b) in the presence of each other and two witnesses.

(2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

(3) After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—

(a) each of the two witnesses, and

(b) the civil partnership registrar.

(4) After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—

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

(b) any other information prescribed by regulations,

is recorded in the register as soon as is practicable.

(5) No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

(6) “The civil partnership document” has the meaning given by section 7(1).

(7) “The relevant registration authority” means the registration authority in whose area the registration takes place.

Minor and consequential amendments, repeals and revocations

3

(1) Two people are not eligible to register as civil partners of each other if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d) they are within prohibited degrees of relationship , or

(e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.

(1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.

(1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.

(2) Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

(3) In this section—

“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;

“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

(4) A person is to be treated for the purposes of this section as being subject to a whole life order if—

(a) the person is serving a life sentence passed before 18 December 2003,

(b) the sentence was passed in circumstances where the sentence was fixed by law,

(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration procedure: general

Types of pre-registration procedure

5

(1) Two people may register as civil partners of each other under—

(a) the standard procedure;

(b) the procedure for house-bound persons;

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

(2) The procedures referred to in subsection (1)(a) to (c) are subject to—

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

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

(3) The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).

Place of registration

6

(1) The place at which two people may register as civil partners of each other—

(a) must be in England or Wales,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).

(3A) The place must be—

(a) on approved premises, or

(b) in a register office.

(3B) If it is in a register office, the place must be open to any person wishing to attend the registration.

(3C) In this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.

(3D) Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—

(a) only in relation to civil partnerships formed by two people of the same sex, or

(b) only in relation to civil partnerships formed by two people of the opposite sex,

the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The civil partnership document

7

(1) In this Part “the civil partnership document” means—

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

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

(2) Before two people are entitled to register as civil partners of each other—

(a) the civil partnership document must be delivered to the civil partnership registrar, and

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

The standard procedure

Notice of proposed civil partnership and declaration

8

(1) For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—

(a) 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;

(b) 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.

(2) A notice of proposed civil partnership must contain such information as may be prescribed by regulations.

(3) A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice—

(a) at the time when the notice is given, and

(b) in the presence of an authorised person;

and the authorised person must attest the declaration by adding his name, description and place of residence.

(4) The necessary declaration is a solemn declaration in writing—

(a) 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;

(b) 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.

(c) that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.

(5) Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—

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

(b) the fact that the authorised person has attested the declaration.

(5A) Subsection (5) is subject to section 9F.

(6) “Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.

(7) For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.

Power to require evidence of name etc.

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(1) A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—

(a) the person's name and surname;

(b) the person's date of birth;

(d) the person's nationality.

(1A) If a party to the proposed civil partnership is a relevant national within the meaning of section 30A(ab) the notice of proposed civil partnership under section 8 must also be accompanied—

(a) where the party falls within section 30A(ab)(i), by an electronic certificate which confirms that the leave referred to in that provision has been granted; or

(b) where the party falls within section 30A(ab)(ii)—

(i) by a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and

(ii) by evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.

(2) A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—

(a) as to whether the person has previously formed a civil partnership or been married; and

(b) if so, as to the ending of the civil partnership or marriage.

(3) In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.

Proposed civil partnership to be publicised

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(1) Where a notice of proposed civil partnership has been given to a registration authority, the registration authority must keep the relevant information on public display during the waiting period.

(2) “The relevant information” means—

(a) the name of the person giving the notice,

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

(3) All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.

Meaning of “the waiting period”

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In this Chapter “the waiting period”, in relation to a notice of proposed civil partnership, means the period—

(a) beginning the day after the notice is recorded, and

(b) subject to section 12, ending at the end of the period of 28 days beginning with that day.

Power to shorten the waiting period

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(1) If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of 28 days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.

(2) Regulations may make provision with respect to the making, and granting, of applications under subsection (1).

(3) Regulations under subsection (2) may provide for—

(a) 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;

(b) 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).

(4) If a proposed civil partnership is referred to the Secretary of State under section 12A—

(a) any application under subsection (1) is to be made to the Secretary of State; and

(b) the power conferred by subsection (1) is exercisable by the Secretary of State.

(5) If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—

(a) the applicant,

(b) the registration authority to which notice of the proposed civil partnership was given, and

(c) if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership.

(6) Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).

(7) The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).

(8) The Secretary of State must consult the Registrar General before making regulations under subsection (7).

Objection to proposed civil partnership

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(1) Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.

(2) A notice of objection must—

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

(b) be signed by or on behalf of the objector.

(3) If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

Issue of civil partnership schedule

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(1) As soon as the waiting period in relation to each notice of proposed civil partnership has expired, the registration authority in whose area it is proposed that the registration take place is under a duty, at the request of one or both of the proposed civil partners, to issue a document to be known as a “civil partnership schedule”.

(2) Regulations may make provision as to the contents of a civil partnership schedule.

(3) The duty in subsection (1) does not apply if the registration authority is not satisfied that there is no lawful impediment to the formation of the civil partnership.

(4) If an objection to the issue of the civil partnership schedule has been recorded in the register, no civil partnership schedule is to be issued until—

(a) 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

(b) the objection has been withdrawn by the person who made it.

(5) “The relevant registration authority” means the authority which first records that a notice of proposed civil partnership has been given by one of the proposed civil partners.

(6) This section has effect subject to section 14A.

Appeal against refusal to issue civil partnership schedule

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(1) If the registration authority refuses to issue a civil partnership schedule—

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

(b) in reliance on section 14(3) or 14A,

either of the proposed civil partners may appeal to the Registrar General.

(2) On an appeal under this section the Registrar General must either confirm the refusal or direct that a civil partnership schedule be issued.

(3) In a case where—

(a) in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.

Frivolous objections and representations: liability for costs etc.

16

(1) Subsection (3) applies if—

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

(b) 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.

(2) Subsection (3) also applies if—

(a) 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

(b) 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.

(3) The person who made the objection or representation is liable for—

(a) the costs of the proceedings before the Registrar General, and

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

(3A) If—

(a) in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General declares that the appeal is frivolous,

the person making the appeal is liable for the costs of the proceedings before the Registrar General.

(4) For the purpose of enabling any person to recover any costs and damages in accordance with subsection (3) or (3A), a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

Period during which registration may take place

17

(1) The proposed civil partners may not register as civil partners of each other on the production of the civil partnership schedule until the waiting period in relation to each notice of proposed civil partnership has expired.

(2) Subject to subsection (1), under the standard procedure, they may register as civil partners by signing the civil partnership schedule at any time during the applicable period ....

(3) If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period—

(a) the notices of proposed civil partnership and the civil partnership schedule are void, and

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

(4) The applicable period, in relation to two people registering as civil partners of each other, is the period of 12 months beginning with—

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

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

The procedures for house-bound and detained persons

House-bound persons

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(1) This section applies if two people wish to register as civil partners of each other at the place where one of them is house-bound.

(2) A person is house-bound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his opinion—

(a) 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

(b) 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.

(3) The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

(a) 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,

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

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

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

(4) A medical statement must contain such information and must be made in such manner as may be prescribed by regulations.

(5) A medical statement may not be made in relation to a person who is detained as described in section 19(2).

(6) For the purposes of this Chapter, a person in relation to whom a medical statement is made is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Detained persons

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(1) This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.

(2) “Detained” means detained—

(a) 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

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

(3) The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

(a) 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,

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

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

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

(4) A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—

(a) identifies the establishment where the person is detained, ...

(b) 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 , and

(c) states whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.

(5) A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.

(5A) Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).

(5B) The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.

(6) “The responsible authority” means—

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

(b) 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.

(7) “Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.

(7A) “Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.

(8) For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Modified procedures for certain non-residents

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(1) Subsection (5) applies in the following two cases.

(2) The first is where—

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The second is where—

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

(b) one of them (“A”) is an 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.

(5) For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—

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

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

(d) 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;

(e) 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 first case, is the period of 3 months beginning with that day;

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

(6) “The relevant provision” means—

(a) if A resides in Scotland, section 97;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The special procedure

Notice of proposed civil partnership

21

(1) For two people to register as civil partners of each other under the special procedure, one of them must—

(a) 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

(b) comply with any requirement made under section 22.

(2) The notice must contain such information as may be prescribed by regulations.

(3) Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from paragraph (b) of subsection (4), apply for the purposes of this section as they apply for the purposes of that section.

Evidence to be produced

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(1) The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—

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

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

(2) The conditions are that one of the proposed civil partners—

(a) is seriously ill and not expected to recover,

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

(3) The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in subsection (2).

Application to be reported to Registrar General

23

On receiving a notice of proposed civil partnership under section 21 and any evidence under section 22, the registration authority must—

(a) inform the Registrar General, and

(b) comply with any directions the Registrar General may give for verifying the evidence given.

Objection to issue of Registrar General’s licence

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(1) Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.

(2) A notice of objection must—

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

(b) be signed by or on behalf of the objector.

(3) If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

Issue of Registrar General’s licence

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(1) This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.

(2) The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.

(3) The Registrar General—

(a) 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

(b) 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.

(4) A licence under this section must state that it is issued on the authority of the Registrar General.

(5) Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.

(6) If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—

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

(b) the objection has been withdrawn by the person who made it.

(7) Any decision of the Registrar General under subsection (6)(a) is final.

Frivolous objections: liability for costs

26

(1) This section applies if—

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

(b) 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.

(2) The person who made the objection is liable for—

(a) the costs of the proceedings before the Registrar General, and

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

(3) For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

Period during which registration may take place

27

(1) If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.

(2) If they do not register as civil partners by signing the licence within the 1 month period—

(a) the notice of proposed civil partnership and the licence are void, and

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

Supplementary

Registration authorities

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In this Chapter “registration authority” means—

(a) in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council.

Civil partnership registrars

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(1) A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.

(2) It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.

(3) Each registration authority must inform the Registrar General as soon as is practicable—

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

(b) of the ending of any such designation.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Registrar General and the register

30

(1) In this Chapter “the Registrar General” means the Registrar General for England and Wales.

(2) The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.

(3) The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.

(4) In this Chapter “the register” means the system for keeping records provided under subsection (2).

Offences relating to civil partnership schedule

31

(1) A person commits an offence if he issues a civil partnership schedule knowing that he does so—

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

(b) after the end of the applicable period, ...

(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—

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

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

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the absence of a civil partnership registrar,

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

(3) A person guilty of an offence under subsection (1) or (2)(a), (aa), (b), (c) or (d) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).

(3A) A person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.

(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

Offences relating to Registrar General’s licence

32

(1) A person commits an offence if—

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

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

(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—

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

(b) in the absence of a civil partnership registrar,

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

(3) A person guilty of an offence under subsection (1) or (2) is liable—

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

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

(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

Offences relating to the recording of civil partnerships

33

(1) A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.

(2) A civil partnership registrar guilty of an offence under subsection (1) is liable—

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

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

and on conviction shall cease to be a civil partnership registrar.

(3) A person commits an offence if—

(a) 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

(b) he refuses or without reasonable cause omits to do so.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) ....

(6) A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(7) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) ....

(8) A person guilty of an offence under subsection (7) is liable—

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

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

(9) A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.

Fees

34

(1) The Secretary of State may by order provide for fees ... to be payable to such persons as may be prescribed by the order in respect of—

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

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

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

(e) 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.

(1A) An order under this section may—

(a) specify the amount of any fee payable under the order, or

(b) set out how such a fee is to be determined.

(1B) Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.

(1C) The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.

(2) The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

(3) Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—

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

(b) 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.

Power to assimilate provisions relating to civil registration

35

(1) The Secretary of State may by order make—

(a) 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 . . . in relation to civil marriage in England and Wales, and

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

(2) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

(3) “Amendment” includes repeal or revocation.

(4) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Regulations and orders

36

(1) Regulations may make provision supplementing the provisions of this Chapter.

(2) Regulations may in particular make provision—

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

(b) with respect to the retention of documents relating to civil partnerships;

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

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

(f) 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.

(g) for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).

(3) In this Chapter , except in section 6A 9B, 9E(2), 12(7) or 12A ,“regulations” means regulations made by the Registrar General with the approval of the Secretary of State.

(4) Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.

(5) A statutory instrument containing regulations under section 6A 9B, 9E(2) or 12A or an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) No order may be made under section 9D or 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Chapter 2 — Dissolution, nullity and other proceedings

Introduction

Powers to make orders and effect of orders

37

(1) The court may, in accordance with this Chapter—

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

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

(c) 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;

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.

(4) In this Chapter, other than in sections 58 to 61, “the court” means—

(a) the High Court, or

(b) the family court.

(5) This Chapter is subject to sections 219 to 224 (jurisdiction of the court).

The period before conditional orders may be made final

38

(A1) Every nullity or presumption of death order—

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

(b) may not be made final before the end of the prescribed period for the purposes of this paragraph.

(1) Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—

(a) 6 weeks from the making of the conditional order, or

(b) 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.

(2) The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).

(3) But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.

(4) In a particular case the court dealing with the case may by order shorten the prescribed period.

(5) The power to make an order under subsection (2) is exercisable by statutory instrument.

(6) An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

Intervention of the Queen’s Proctor

39

(1) This section applies if an application has been made for a dissolution, nullity or presumption of death order.

(2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.

(3) If any person at any time—

(a) during the progress of the proceedings, or

(b) before the conditional order is made final,

gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.

(4) If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—

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

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

(5) The Queen’s Proctor is entitled to charge as part of the expenses of his office—

(a) the costs of any proceedings under subsection (2);

(b) 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;

Proceedings before order has been made final

40

(1) This section applies if—

(a) a conditional order has been made, and

(b) 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.

(2) This section also applies if—

(a) a conditional order has been made,

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

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

(3) The court may—

(a) make the order final,

(b) rescind the order,

(d) otherwise deal with the case as it thinks fit.

(4) Subsection (3)(a)—

(a) applies despite sections 37A(1) and 38(A1) (period before conditional orders may be made final), but

(b) is subject to section 48(4) (protection for respondent ...) ....

Time bar on applications for dissolution orders

41

(1) No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attempts at reconciliation of civil partners

42

(1) This section applies in relation to cases where an application is made for a dissolution or separation order.

(2) Rules of court must make provision for requiring the legal representative acting for an applicant to certify whether the representative has—

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

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

(3) If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.

(4) The power to adjourn under subsection (3) is additional to any other power of adjournment.

Consideration by the court of certain agreements or arrangements

43

(1) This section applies in relation to cases where—

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

(b) 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.

(2) Rules of court may make provision for enabling—

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

(b) the court—

(i) to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and

(ii) to give such directions, if any, in the matter as it thinks fit.

Dissolution of civil partnership

Dissolution of civil partnership which has broken down irretrievably

44

(1) Subject to section 41, an application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably.

(1A) An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The court dealing with an application under subsection (1) must—

(a) take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and

(b) make a dissolution order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).

Supplemental provisions as to facts raising presumption of breakdown

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dissolution order not precluded by previous separation order etc.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of dissolution in 5 year separation cases on ground of grave hardship

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings before order made final: protection for respondent in separation cases

48

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsections (3) to (5) apply if—

(a) on an application for a dissolution order a conditional order has been made and—

(i) the conditional order is in favour of one civil partner only, or

(ii) the conditional order is in favour of both civil partners but one of them has since withdrawn from the application, and

(b) the respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.

(3) The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—

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

(b) 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.

(4) Subject to subsection (5), the court must not make the order final unless it is satisfied that—

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

(b) the financial provision made by the applicant for the respondent is—

(i) reasonable and fair, or

(ii) the best that can be made in the circumstances.

(5) The court may if it thinks fit make the order final if—

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

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

Nullity

Grounds on which civil partnership is void

49

Where two people register as civil partners of each other in England and Wales, the civil partnership is void if—

(a) at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3), or

(b) at the time when they do so they both know—

(i) that due notice of proposed civil partnership has not been given,

(ii) that the civil partnership document has not been duly issued,

(iii) that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),

(iv) that the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, . . .

(v) that a civil partnership registrar is not present, or

(vi) that the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), ...

Grounds on which civil partnership is voidable

50

(1) Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—

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

(b) 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;

(d) 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;

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

(2) In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).

Bars to relief where civil partnership is voidable

51

(1) The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—

(a) 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

(b) that it would be unjust to the respondent to make the order.

(2) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—

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

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

(3) A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—

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

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

(4) An application for leave under subsection (3) may be made after the end of the 3 year period.

(5) Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.

(6) Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.

Proof of certain matters not necessary to validity of civil partnership

52

(1) Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) 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; or

(ab) that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to validate civil partnership

53

(1) Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).

(2) An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).

(3) The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.

(4) The Lord Chancellor must—

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

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

(5) An order under subsection (1) is subject to special parliamentary procedure.

Validity of civil partnerships registered outside England and Wales

54

(1) Where two people register as civil partners of each other in Scotland, the civil partnership is—

(a) void, if it would be void in Scotland under section 123, ...

(aa) void, if the civil partnership was registered when—

(i) one of the two people was domiciled in England and Wales, and

(ii) one of the two people was under 18, and

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

(2) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—

(a) void, if it would be void in Northern Ireland under section 173, ...

(aa) void, if the civil partnership was registered when—

(i) one of the two people was domiciled in England and Wales, and

(ii) one of the two people was under 18, and

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

(2A) Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—

(a) void, if it would be void in Northern Ireland under section 173, ...

(aa) void, if the marriage was solemnised there when—

(i) one of the two people was domiciled in England and Wales, and

(ii) one of the two people was under 18, and

(b) voidable, if it would be voidable there under section 174.

(3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

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

(b) section 211 (registration by armed forces personnel),

(“the relevant section”).

(4) The civil partnership is—

(a) void, if—

(i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b) voidable, if—

(i) the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or

(ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).

(5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

(6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

(7) The civil partnership is void if—

(a) the relationship is not an overseas relationship, or

(b) (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.

(8) The civil partnership is voidable if—

(a) the overseas relationship is voidable under the relevant law,

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

(c) 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).

(9) Section 51 applies for the purposes of—

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

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

(10) In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

(11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.

Presumption of death orders

55

(1) The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.

(2) In any proceedings under this section the fact that—

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

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

is evidence that the other civil partner is dead until the contrary is proved.

Separation orders

56

(1) An application for a separation order may be made to the court by either or both civil partners.

(1A) An application under subsection (1) must be accompanied by—

(a) if the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, or

(b) if the application is by both civil partners, a statement by them that they seek to be separated from one another.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The court dealing with an application under subsection (1) must make a separation order.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of separation order

57

If either civil partner dies intestate as respects all or any of his or her real or personal property while—

(a) a separation order is in force, and

(b) the separation is continuing,

the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.

Declarations

58

(1) Any person may apply to the High Court or the family 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;

(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.

General provisions as to making and effect of declarations

59

(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.

The Attorney General and proceedings for declarations

60

(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.

Supplementary provisions as to declarations

61

(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.

General provisions

Relief for respondent in dissolution proceedings

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on making of orders affecting children

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parties to proceedings under this Chapter

64

(1) Rules of court may make provision with respect to—

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

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

(2) Rules of court made under this section may make different provision for different cases.

(3) In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.

Chapter 3 — Property and financial arrangements

Contribution by civil partner to property improvement

65

(1) This section applies if—

(a) a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and

(b) the contribution is of a substantial nature.

(2) The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—

(a) as may have been then agreed, or

(b) in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).

(3) Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.

Disputes between civil partners about property

66

(1) In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—

(a) the High Court, or

(b) the family court.

(2) On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications under section 66 where property not in possession etc.

67

(1) The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—

(a) money to which, or to a share of which, A was beneficially entitled, or

(b) property (other than money) to which, or to an interest in which, A was beneficially entitled,

and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.

(2) For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—

(a) because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or

(b) for any other reason.

(3) Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—

(a) has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and

(b) has not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.

(4) The power of the court to make orders under section 66 includes power to order B to pay to A—

(a) in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, or

(b) in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.

(5) If it appears to the court that there is any property which—

(a) represents the whole or part of the money or property, and

(b) is property in respect of which an order could (apart from this section) have been made under section 66,

the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.

(6) Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.

Applications under section 66 by former civil partners

68

(1) This section applies where a civil partnership has been dissolved or annulled.

(2) Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).

(3) The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.

Actions in tort between civil partners

69

(1) This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.

(2) The court may stay the proceedings if it appears—

(a) that no substantial benefit would accrue to either civil partner from the continuation of the proceedings, or

(b) that the question or questions in issue could more conveniently be disposed of on an application under section 66.

(3) Without prejudice to subsection (2)(b), the court may in such an action—

(a) exercise any power which could be exercised on an application under section 66, or

(b) give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.

Assurance policy by civil partner for benefit of other civil partner etc.

70

Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—

(a) effected by a civil partner on his own life, and

(b) expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,

as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.

Wills, administration of estates and family provision

71

Schedule 4 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.

Financial relief for civil partners and children of family

72

(1) Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).

(2) Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.

(3) Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(4) Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.

Chapter 4 — Civil partnership agreements

Civil partnership agreements unenforceable

73

(1) A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.

(2) No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.

(3) In this section and section 74 “civil partnership agreement” means an agreement between two people—

(a) to register as civil partners of each other—

(i) in England and Wales (under this Part),

(ii) in Scotland (under Part 3),

(iii) in Northern Ireland (under Part 4), or

(iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

(b) to enter into an overseas relationship.

(4) This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.

Property where civil partnership agreement is terminated

74

(1) This section applies if a civil partnership agreement is terminated.

(2) Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.

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Civil Partnership Act 2004

Part 1 — Introduction

Civil partnership

1

Part 2 — Civil partnership: England and Wales

Chapter 1 — Registration

Formation, eligibility and parental etc. consent

Formation of civil partnership by registration

2

Minor and consequential amendments, repeals and revocations

3

Parental etc. consent where proposed civil partner under 18

4

Registration procedure: general

Types of pre-registration procedure

5

Place of registration

6

The civil partnership document

7

The standard procedure

Notice of proposed civil partnership and declaration

8

Power to require evidence of name etc.

9

Proposed civil partnership to be publicised

10

Meaning of “the waiting period”

11

Power to shorten the waiting period

12

Objection to proposed civil partnership

13

Issue of civil partnership schedule

14

Appeal against refusal to issue civil partnership schedule

15

Frivolous objections and representations: liability for costs etc.

16

Period during which registration may take place

17

The procedures for house-bound and detained persons

House-bound persons

18

Detained persons

19

Modified procedures for certain non-residents

Modified procedures for certain non-residents

20

The special procedure

Notice of proposed civil partnership

21

Evidence to be produced

22

Application to be reported to Registrar General

23

Objection to issue of Registrar General’s licence

24

Issue of Registrar General’s licence

25

Frivolous objections: liability for costs

26

Period during which registration may take place

27

Supplementary

Registration authorities

28

Civil partnership registrars

29

The Registrar General and the register

30

Offences relating to civil partnership schedule

31

Offences relating to Registrar General’s licence

32

Offences relating to the recording of civil partnerships

33

Fees

34

Power to assimilate provisions relating to civil registration