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Blackstone's Guide to The Civil Partnerships Act 2004

Blackstone's Guide to The Civil Partnerships Act 2004

Name: Blackstone's Guide to The Civil Partnerships Act 2004
Brand: Oxford University Press
SKU: 9780199285709
Price: 920.53 HKD
Availability: OutOfStock
Author: Nichola Gray; Dominic Brazil
ISBN: 9780199285709

Edited by Nichola Gray · Dominic Brazil

Oxford University Press May 2005

Specifications

ISBN-13: 9780199285709
Publisher: Oxford University Press
Publication: May 2005
Format: Paperback , 370 pages
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Provides a clear analysis of the Civil Partnerships Act 2004 and a detailed explanation of its provisions.
Details the the way in which the Act regulates the financial arrangements between civil partners.
Places the Act in context and cross refers to existing legislation referable to married couples
Explains the legal differences between civil partners and same sex couples who do not register as civil partners
Accessible and easy to use layout with simpler step-by-step practical guides, makes this an ideal quick reference.
Includes a copy of the Civil Partnerships Act 2004

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Civil Partnerships Act 2004 is a ground-breaking piece of legislation which allows for the first time, adult same-sex couples to create a legal status similar to marriage, a 'Civil Partnership'. The Act received Royal Assent in November 2004 and is expected to come into force in late 2005/early 2006.

The purpose of the Act is to remedy the discrimination present in existing legislation, against gay and lesbian couples. It provides civil partners with the same rights and obligations as spouses and provides same sex couples who do not register as civil partners, with the same rights and obligations as unmarried opposite sex couples. It also amends a variety of existing statutes (including the Family Law Act 1996, the Children Act 1989 and the Inheritance Act 1975) and registration and dissolution of civil partnerships and the financial arrangements between civil partners.

This Guide contains a copy of the Act and places it in context, explaining clearly how it fits with current arrangements for same sex partners. The Guide is extensively cross referenced to existing statues relating to married couples, to show how some of the provisions mirror or are comparable with the new Act. It contains step-by-step practical guides to aid understanding and is an ideal quick reference resource for practitioners in the field.

Readership: Primary: Solicitors and barristers specialising in family law. Secondary: Lawyers working in PI, Pensions, Immigration and Wills &Probate. Also the Court of Protection, Gay rights groups, libraries and CAB.

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

About the Author

Nichola Gray, Barrister, 1 Hare Court, and Dominic Brazil, Barrister, 1 King's Bench Walk

Reviews

"It is a credit to the authors that they have managed to write a comprehensive guide to the major areas well in advance...The book is well referenced throughout, and always directs the reader back to the relevant part of the primary legislation. It also explains in straightforward terms how the provisions of the Act inter-relate with existing legislation...I found this an extremely useful guide to what is a complex new piece of law." - Jon Cartwright (Hazelwoods LLP) New Law Journal