The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

Overseas relationship dissolved etc before 13th January 2020: treatment as civil partnership N.I.

170.  The following provisions are specified for the purposes of section 215(5H)(b) of CPA 2004(1)—

(a) the Fatal Accidents (Northern Ireland) Order 1977(2);

(b) the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979(3);

(c) in the case of a marriage solemnised on or after 13th January 2020, Article 18 (prohibited degrees of relationship) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984(4);

(d) in the case of a bankruptcy where the bankruptcy order was made on or after 13th January 2020, the following provisions of the Insolvency (Northern Ireland) Order 1989(5)—

(i) Article 256A (bankrupt’s home ceasing to form part of estate),

(ii) Article 286 (charge on bankrupt’s home),

(iii) Article 286A (low value home: application for sale, possession or charge),

(iv) Article 305 (saving for bankrupt’s home), and

(v) Article 337 (inquiry into bankrupt’s dealings and property);

(e) Schedule 1 to the Children (Northern Ireland) Order 1995(6) (financial provision for children);

(f) the following provisions of the Family Homes and Domestic Violence (Northern Ireland) Order 1998(7)—

(i) Article 11 (occupation orders where applicant has estate etc or has home rights),

(ii) Article 13 (one former spouse or former civil partner with no existing right to occupy),

(iii) Article 15 (neither spouse or civil partner entitled to occupy), and

(iv) Schedule 2 (transfer of certain tenancies on divorce etc or on separation of cohabitees);

(g) in the case of a notice of marriage given on or after 13th January 2020, marriage notices prescribed by the Marriage Regulations (Northern Ireland) 2003(8) under Article 3 (notice of intention to marry) of the Marriage (Northern Ireland) Order 2003(9);

(h) in the case of a marriage solemnised on or after 13th January 2020, Article 5(10) (power to require evidence) of the Marriage (Northern Ireland) Order 2003; and

(i) the following provisions of CPA 2004—

(i) section 141 (power to require evidence of name etc),

(ii) section 193 (applications under section 191 by former civil partners), and

(iii) Schedule 12 (prohibited degrees of relationship).

Commencement Information

I1 Reg. 170 in force at 13.1.2020, see reg. 1(2)

(1)

Section 215(5H) is inserted by these Regulations.

(2)

S.I. 1977/1251 (N.I. 18).

(3)

S.I. 1979/924 (N.I. 8).

(4)

S.I. 1984/1984 (N.I. 14). Article 18 was amended by S.I. 1993/1576 (N.I. 6), the Civil Partnership Act 2004, and S.I. 2006/1945 (N.I. 14).

(5)

S.I. 1989/2405 (N.I. 19). Articles 256A and 286A were inserted by Article 17, and amended by Article 18, of S.I. 2005/1455 (N.I. 10). Articles 286, 305 and 337 were amended by the Civil Partnership Act 2004 and (in the case of Article 286) by S.I. 2005/1455 (N.I. 10).

(6)

S.I. 1995/755 (N.I. 2).

(7)

S.I. 1998/1071 (N.I. 6). Articles 11, 13 and 15 and Schedule 2 were amended by Schedule 19 to the Civil Partnership Act 2004 and (in the case of Schedule 2) further relevant amendments were made by S.I. 2005/1452 (N.I. 7).

(8)

S.R. (N.I.) 2003/468. Relevant amendments are made by these Regulations.

(9)

S.I. 2003/413 (N.I. 3).

(10)

Article 5 was amended by the Civil Partnership Act 2004.