PART 11Transitional Provision: Opposite-sex Civil Partnerships: Overseas Relationships

Interpretation of PartI1169

In this Part—

  • “CPA 2004” means the Civil Partnership Act 2004;

  • “relevant pre-commencement relationship” means a relationship that is—

    1. a

      an overseas relationship treated as a civil partnership for the purposes of CPA 2004 as a result of the amendments made by these Regulations, and

    2. b

      registered (under the relevant law within the meaning of Chapter 2 of Part 5 of CPA 2004) as having been entered into before 13th January 2020.

Annotations:
Commencement Information
I1

Reg. 169 in force at 13.1.2020, see reg. 1(2)

Overseas relationship dissolved etc before 13th January 2020: treatment as civil partnershipI2170

The following provisions are specified for the purposes of section 215(5H)(b) of CPA 2004278—

a

the Fatal Accidents (Northern Ireland) Order 1977279;

b

the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979280;

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 1984281;

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 1989282—

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 1995283 (financial provision for children);

f

the following provisions of the Family Homes and Domestic Violence (Northern Ireland) Order 1998284—

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) 2003285 under Article 3 (notice of intention to marry) of the Marriage (Northern Ireland) Order 2003286;

h

in the case of a marriage solemnised on or after 13th January 2020, Article 5287 (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).

Annotations:
Commencement Information
I2

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

Overseas relationships: transitional modifications of CPA 2004: dissolution, finances etcI3171

1

Section 165 of CPA 2004 (time bar on applications for dissolution orders) applies in relation to a relevant pre-commencement relationship as if for “formation of the civil partnership” there were substituted “registration of the overseas relationship”.

2

Paragraph 16(2)(d) of Schedule 15 to CPA 2004 (including as it applies by virtue of paragraph 10(3)(a) of Schedule 17 of CPA 2004) applies to an application made under Part 1 of Schedule 15, or Part 1 of Schedule 17, to CPA 2004 in relation to a relevant pre-commencement relationship as if for “the duration of the civil partnership” there were substituted “the duration of the overseas relationship by virtue of which they are treated as having formed a civil partnership”.

3

Paragraph 5(2)(d) of Schedule 16 to CPA 2004 applies to an application made under Part 1 of that Schedule in relation to a relevant pre-commencement relationship as if for “duration of the civil partnership” there were substituted “duration of the overseas relationship by virtue of which they are treated as having formed a civil partnership”.

Annotations:
Commencement Information
I3

Reg. 171 in force at 13.1.2020, see reg. 1(2)

Pre-13th January 2020 will is not revoked by recognition of existing overseas relationshipI4172

Where a person—

a

is treated as a civil partner by virtue of a relevant pre-commencement relationship, and

b

has, before 13th January 2020, made a will,

Article 13A of the Wills and Administration Proceedings (Northern Ireland) Order 1994288 is not to apply to that will.

Annotations:
Commencement Information
I4

Reg. 172 in force at 13.1.2020, see reg. 1(2)

Requirements for existing overseas relationship to be recognised as civil partnershipI5173

1

Paragraph (2) applies in relation to a relationship that would, disregarding—

a

this regulation, and

b

section 212(1)(b)(ii) of CPA 2004 as it applies without this regulation,

be a relevant pre-commencement relationship.

2

Section 212(1)(b) of CPA 2004 has effect as if, for sub-paragraph (ii), there were substituted—

ii

neither of whom was, when the relationship was registered—

aa

lawfully married,

bb

a civil partner, or

cc

in another relationship registered as mentioned above, which continues to subsist at the start of 13 January 2020 and is at that time an overseas relationship treated as a civil partnership for the purposes of this Act,

iii

neither of whom is, immediately before 13 January 2020, lawfully married or a civil partner.

Annotations:
Commencement Information
I5

Reg. 173 in force at 13.1.2020, see reg. 1(2)

Disapplication and modification of earlier transitional provisionI6174

1

Articles 3 and 4 of the Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005289 do not apply in relation to a relevant pre-commencement relationship.

2

Article 5 of that Order does not apply in relation to a relationship within regulation 173(1).