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Blackstone's Guide to The Civil Partnerships Act 2004

Blackstone's Guide to The Civil Partnerships Act 2004

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199285709
  • Published In: May 2005
  • Format: Paperback , 370 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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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



 


 



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





 


 



"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


 


 



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