Statutory Instruments
2005 No. 3334
JUDGMENTS, ENGLAND AND WALES
JUDGMENTS, NORTHERN IRELAND
FAMILY LAW, ENGLAND AND WALES
FAMILY LAW, NORTHERN IRELAND
The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005
Made
1st December 2005
Coming into force
5th December 2005
M1 The Lord Chancellor makes the following Order in exercise of the powers conferred by section 219(1), (3), (4) and (5) of the Civil Partnership Act 2004 . In accordance with section 219(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and shall come into force on 5 December 2005.
Extent
2. —(1) Except as provided by this regulation, these Regulations extend to England and Wales and Northern Ireland.
(2)[F1 Regulation 4 extends F1] to England and Wales only.
(3)[F2 Regulation 5 extends F2] to Northern Ireland only.
Application
3. —(1) These Regulations apply to proceedings for the dissolution or annulment of an overseas relationship entitled to be treated as a civil partnership, or the legal separation of the same, as they apply to proceedings for the dissolution or annulment of a civil partnership or the legal separation of civil partners.
F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 1 Jurisdiction
Jurisdiction: England and Wales
4. The courts in England and Wales shall have jurisdiction in relation to proceedings for the dissolution or annulment of a civil partnership or for the legal separation of civil partners where [F4 on the date of the application F4] —
(a) both civil partners are habitually resident in England and Wales;
(b) both civil partners were last habitually resident in England and Wales and one of the civil partners continues to reside there;
(c) the respondent is habitually resident in England and Wales;
[F5 (ca) in a joint application only, either civil partner is habitually resident in England and Wales; F5]
(d) F8 the [F6 applicant F6] is habitually resident in England and Wales and has resided there for at least one year immediately [F7 before the application was made F7] ...
(e) the [F9 applicant F9] is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately [F10 before the application was made F10][F11 or F11]
[F12 (f) both civil partners are domiciled in England and Wales. F12]
Jurisdiction: Northern Ireland
5. The courts in Northern Ireland shall have jurisdiction in relation to proceedings for the dissolution or annulment of a civil partnership or for the legal separation of civil partners where [F13 on the date of the application F13] —
(a) both civil partners are habitually resident in Northern Ireland;
(b) both civil partners were last habitually resident in Northern Ireland and one of the civil partners continues to reside there;
(c) the respondent is habitually resident in Northern Ireland;
(d) F16 the [F14 applicant F14] is habitually resident in Northern Ireland and has resided there for at least one year immediately [F15 before the application was made F15] ; ...
(e) the [F17 applicant F17] is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately [F18 before the application was made F18][F19 or F19]
[F20 (f) both civil partners are domiciled in Northern Ireland F20] .
PART 2 Recognition and Refusal of Recognition of Judgments
Definitions for Part 2
F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recognition of a judgment
F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Refusal of recognition of a judgment
F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction and review
F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Differences in applicable law
F2111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stay of proceedings
F2112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Falconer of Thoroton, C
1st December 2005
Explanatory Note
(This note is not part of the Regulation)
These Regulations are to make corresponding provisions, as far as is possible in domestic law, for civil partnerships as to the jurisdiction and recognition elements of Council Regulation (EC) 2201/2003 for matrimonial matters as regards the law of England and Wales and Northern Ireland.
The Regulations apply to all civil partnerships including overseas relationships entitled to be treated as a civil partnership, by virtue of the Civil Partnership Act 2004.
Regulation 3(2) allows for the recognition and non-recognition of judgments regarding relationships that were formed before the coming into force of these Regulations and the 2004 Act.
Regulations 4 and 5 set out the criteria for accepting jurisdiction for dissolution, annulment or legal separation proceedings in respect of civil partners.
Regulations 7 and 8 set out the criteria for recognition and non-recognition of an order made in another Member States for the dissolution or annulment of a civil partnership or the legal separation of civil partners.
Regulations 9 and 10 prevent the court from reviewing the jurisdiction of the court of the Member State that made the original judgment and also prevents a court from reviewing the substance of that judgment.
Regulation 11 ensures that a judgment is recognised notwithstanding that there might well have been a different outcome if the law of England and Wales or Northern Ireland had been applied to the facts of the case.
Regulation 12 allows the court to stay proceedings for recognition of a judgment when there is an appeal outstanding against that judgment.