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

Overseas relationship dissolved etc before 13th January 2020: treatment as civil partnershipI1170

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).