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PART 2 continued CHAPTER 3 continued
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.
(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.
(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.
(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.
(3) Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
(4) An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.
(5) A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
(1) Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.
(2) In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “, or a civil partner of,”.
(3) In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—
““child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
(a) a child of both of them, and
(b) any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.”
(4) In the definition of “relative” in section 105(1), for “by affinity)” substitute “by marriage or civil partnership)”.
In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—
“(3B) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—
(a) an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or
(b) the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,
unless a contrary intention appears by the appointment.”
In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—
“(aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;”.
(1) Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.
(2) In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—
“(e) Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);
(f) Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),”.
(3) In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “or civil partner”.
(4) For paragraph 16(2) (extended meaning of “parent”) substitute—
“(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.”
(1) Amend the Adoption and Children Act 2002 (c. 38) as follows.
(2) In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “, forms a civil partnership”.
(3) In section 47 (conditions for making adoption orders), after subsection (8) insert—
“(8A) An adoption order may not be made in relation to a person who is or has been a civil partner.”
(4) In section 51 (adoption by one person), in subsection (1), after “is not married” insert “or a civil partner”.
(5) After section 51(3) insert—
“(3A) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—
(a) the person’s civil partner cannot be found,
(b) the civil partners have separated and are living apart, and the separation is likely to be permanent, or
(c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.”
(6) In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “, marriage or civil partnership”.
(7) In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—
“(a) section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),”.
(8) In section 79 (connections between the register and birth records), in subsection (7)—
(a) in paragraph (b), after “intends to be married” insert “or form a civil partnership”, and
(b) for “the person whom the applicant intends to marry” substitute “the intended spouse or civil partner”.
(9) In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “, marriage or civil partnership”.
(10) In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “, marriage or civil partnership”.
(11) In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “or civil partnership”.
(12) In section 144(4) (meaning of “couple”), after paragraph (a) insert—
“(aa) two people who are civil partners of each other, or”.
(1) A person commits an offence if—
(a) for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he—
(i) makes or signs a declaration required under this Part or Part 5, or
(ii) gives a notice or certificate so required,
knowing that the declaration, notice or certificate is false,
(b) for the purpose of a record being made in any register relating to civil partnerships, he—
(i) makes a statement as to any information which is required to be registered under this Part or Part 5, or
(ii) causes such a statement to be made,
knowing that the statement is false,
(c) he forbids the issue of a document mentioned in subsection (2)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under this Part or Part 5, knowing the representation to be false, or
(d) with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.
(2) The documents are—
(a) a civil partnership schedule or a Registrar General’s licence under Chapter 1;
(b) a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;
(c) a certificate of no impediment under section 240.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(4) The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.
Schedule 8 amends certain enactments relating to housing and tenancies.
Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
(1) Amend the Fatal Accidents Act 1976 (c. 30) as follows.
(2) In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—
“(aa) the civil partner or former civil partner of the deceased;”.
(3) In paragraph (b)(iii) of section 1(3), after “wife” insert “or civil partner”.
(4) After paragraph (f) of section 1(3) insert—
“(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;”.
(5) After section 1(4) insert—
“(4A) The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.”
(6) In section 1(5)(a), for “by affinity” substitute “by marriage or civil partnership”.
(7) In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—
(a) in paragraph (a), after “wife or husband” insert “or civil partner”, and
(b) in paragraph (b), after “was never married” insert “or a civil partner”.
(8) In section 3 (assessment of damages), in subsection (4), after “wife” insert “or civil partner”.
(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.
(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.
(3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.
(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).
(5) Any rule of law—
(a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and
(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
Civil Partnership Act 2004