Blackstone's Guide to The Civil Partnerships Act 2004

1: Introduction

Article 14, European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

An overview of the Civil Partnership Act 2004

2: The Creation of a Civil Partnership

Eligibility

Registration of a civil partnership

The standard procedure

The procedure for house-bound, detained and non-resident persons

The special procedure

Registration by former spouses, one of whom has changed sex

Civil partnership agreements

Practical guide

3: The Termination of a Civil Partnership

Introduction

Dissolution orders

Nullity orders

Separation orders

Presumption of death orders

Applications for final dissolution and nullity orders by respondents

Dissolution, nullity and separation orders affecting children of the family

Declarations in relation to a civil partnership

Intervention of the Queen's Proctor and third parties

Practical guide

4: Civil Partnerships Formed or Dissolved Abroad

Registration outside the UK under an Order in Council

Recognition of foreign cicil partnerships

Jurisdiction to make nullity orders in relation to civil partnerships formed abroad

Recognition of overseas dissolution etc

5: Financial Relief in the High Court and County Court

Bar on applications for financial relief

Financial provision orders

Property adjustment orders

Sale of property orders

Pension sharing and pension attachment orders

Maintenance pending outcome orders

Matters to which the court must have regard

Failure to maintain

Variation and discharge of financial relief orders

Consent orders and maintenance agreements

Arrears and repayments

Freezing and avoidance of disposition orders

Improvements to property and property disputes

6: Financial Relief in the Magistrates' Court

Orders in failure to maintain/behaviour/desertion cases: Part 1 orders

Orders for agreed financial provision: Part 2 orders

Orders where the civil partners are living separately: Part 3 orders

Interim orders

Variation of orders

Enforcement, arrears and repayments

Variation of maintenance agreements

Failure to maintain: magistrates' court and High Court/county court compared

7: Financial Relief Following an Overseas Dissolution, Annulment or Separation

Bar to applications for financial relief

Jurisdiction of the courts in England and Wales to make orders for financial relief

Financial orders which the court may make

Matters to which the court must have regard

Orders restraining and setting aside dispositions

8: Wills, Administration of Estates and Family Provision

Revocation of wills upon formation of a civil partnership

Effect of dissolution and annulment orders upon wills

Intestacy

Applications for family provision

Life assurance policies

Fatal accident claims

9: Housing and Tenancies

Succession to tenancies

Transfer of tenancies

10: Children of Civil Partners

Parental responsibility

Guardianship

Residence and contact orders

Financial provision for children

Adoption

11: Civil Partnership Homes and Domestic Violence

Rights to occupy the civil partnership home

Occupation orders

Non-molestation orders

Ex parte orders, powers of arrest and undertakings

12: Child Support, Social Security and Taxation

Child support

Social security benefits

Taxation

13: Pensions

State retirement pension

Occupational and personal pension schemes

14: Jurisdiction

Jurisdiction of the courts in relation to dissolution, separation, nullity, presumption of death and declarations as to validity

Allocation to the High Court and county court

APPENDICES

Appendix 1: Civil Partnership Act 2004

Appendix 2: Useful Web References