Chwilio Deddfwriaeth

Civil Partnership Act 2004

Changes over time for: Cross Heading: Nullity

 Help about opening options

Changes to legislation:

Civil Partnership Act 2004, Cross Heading: Nullity is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

NullityN.I.

173Grounds on which civil partnership is voidN.I.

[F1(1)]Where two people register as civil partners of each other in Northern Ireland, the civil partnership is void if—

(a)at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 138), or

(b)at the time when they do so they both know—

(i)that due notice of proposed civil partnership has not been given,

(ii)that the civil partnership schedule has not been duly issued,

(iii)that the place of registration is a place other than that specified in the civil partnership schedule, or

(iv)that a registrar is not present.

[F2(2)Subsection (3) applies in the case of a civil partnership which results from the conversion, or purported conversion, of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.

(3)The civil partnership is void if (but only if) the marriage was void.]

174Grounds on which civil partnership is voidableN.I.

(1)Where two people register as civil partners of each other in Northern Ireland, the civil partnership is voidable if—

(a)either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

(b)at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

(c)at the time of its formation, the respondent was pregnant by some person other than the applicant;

(d)an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;

(e)the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.

(2)In this section and section 175 “mental disorder” has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

[F3174A.Civil partnership converted from a marriage: when voidableN.I.

(1)Subsections (2) and (3) apply in the case of a civil partnership which results from the conversion of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.

(2)Section 174(1) applies in relation to the civil partnership, but does so as if—

(a)the reference in paragraph (a) to either party not validly consenting to the formation of the civil partnership were a reference to either party not validly consenting to the marriage, and

(b)a reference in paragraphs (b) to (e) to the time of the civil partnership’s formation were a reference to the time of the marriage.

(3)Section 175 applies in relation to the civil partnership as if—

(a)the reference in subsection (1)(a) to obtaining a nullity order were a reference to obtaining a nullity order or (at times before the conversion) to having the marriage avoided,

(b)the reference in subsection (2) to the date of the formation of the civil partnership were a reference to the date of the marriage, and

(c)the reference in subsection (6) to the time of the formation of the civil partnership were a reference to the time of the marriage.]

175Bars to relief where civil partnership is voidableN.I.

(1)The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—

(a)that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and

(b)that it would be unjust to the respondent to make the order.

(2)Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(a), (b), (c) or (e) unless—

(a)it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or

(b)leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).

(3)A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—

(a)is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and

(b)considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.

(4)An application for leave under subsection (3) may be made after the end of the 3 year period.

(5)Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.

(6)Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 174(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.

176Proof of certain matters not necessary to validity of civil partnershipN.I.

Where two people have registered as civil partners of each other in Northern Ireland, it is not necessary in support of the civil partnership to give any proof—

(a)that any person whose consent to the civil partnership was required by section 145 (parental etc. consent) had given his consent;

(b)that the registrar was properly appointed under section 152;

[F4(c)that, in the case of a civil partnership to which Schedule 13A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred;]

and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.

177Validity of civil partnerships registered outside Northern IrelandN.I.

(1)Where two people register as civil partners of each other in England or Wales, the civil partnership is—

(a)void, if it would be void in England and Wales under section 49, and

(b)voidable, if the circumstances fall within any paragraph of section 174(1).

(2)Where two people register as civil partners of each other in Scotland, the civil partnership is—

(a)void, if it would be void in Scotland under section 123, and

(b)voidable, if the circumstances fall within section 174(1)(d).

(3)Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

(a)section 210 (registration at British consulates etc.), or

(b)section 211 (registration by armed forces personnel),

(“the relevant section”).

(4)The civil partnership is—

(a)void, if—

(i)the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii)a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b)voidable, if—

(i)the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 174(1), or

(ii)the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 174(1)(d).

(5)The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

(6)Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

(7)The civil partnership is void if—

(a)the relationship is not an overseas relationship, or

(b)(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

(8)The civil partnership is voidable if—

(a)the overseas relationship is voidable under the relevant law,

(b)the circumstances fall within section 174(1)(d), or

(c)where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).

(9)Section 175 applies for the purposes of—

(a)subsections (1)(b), (2)(b) and (4)(b),

(b)subsection (8)(a), in so far as applicable in accordance with the relevant law, and

(c)subsection (8)(b) and (c).

(10)In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

(11)For the purposes of subsections (8) and (9)(b) and (c), references in sections 174 and 175 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill