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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

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 1 Jurisdiction

Jurisdiction: England and Wales

(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

(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.

Status: There are currently no known outstanding effects for the The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005.
The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 (2005/3334)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(2) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(2)(a) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F2Words in reg. 2(3) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(2)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3Reg. 3(2) omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(3) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F4Words in reg. 4 inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(a) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F5Reg. 4(ca) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Divorce, Dissolution and Separation Act 2020 (Consequential Amendments) Regulations 2022 (S.I. 2022/237) , Sch. para. 2 ; S.I. 2022/283 , reg. 2this amendment (inserted text) is marked as yet to come into force, see the commentary.inserted
F6Word in reg. 4(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F7Words in reg. 4(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(c) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F8Word in reg. 4(d) omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(d) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F9Word in reg. 4(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F10Words in reg. 4(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(c) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F11Word in reg. 4(e) inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(e) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F12Reg. 4(f) inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(4)(f) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F13Words in reg. 5 inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(a) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F14Word in reg. 5(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F15Words in reg. 5(d) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(c) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F16Word in reg. 5(d) omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(d) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F17Word in reg. 5(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(b) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F18Words in reg. 5(e) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(c) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F19Word in reg. 5(e) inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(e) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F20Reg. 5(f) inserted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(5)(f) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F21Regs. 6-12 omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495) , regs. 1 , 5(6) (with reg. 7 ); 2020 c. 1 , Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
M12004 c. 33 .
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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