Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 11 S Financial provision in Scotland after overseas proceedings

Part 2 S Circumstances in which court may entertain application for financial provision

2 (1) Subject to [F1 sub-paragraph (3A)], if the jurisdictional requirements and the conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied, the court may entertain an application by one of the former civil partners or former ostensible civil partners, (here “A”) for an order for financial provision. S

(2) The jurisdictional requirements are—

(a) that A is domiciled or habitually resident in Scotland when the application is made,

(b) that the other former civil partner, or former ostensible civil partner, (here “B”)—

(i) is domiciled or habitually resident in Scotland when the application is made,

(ii) was domiciled or habitually resident in Scotland when A and B last lived together in civil partnership, or

(iii) when the application is made is an owner or tenant of, or has a beneficial interest in, property in Scotland which has at some time been a family home of A and B, and

(c) where the court is the sheriff, that when the application is made either—

(i) A or B is habitually resident in the sheriffdom, or

(ii) property mentioned in sub-paragraph (2)(b)(iii) is wholly or partially in the sheriffdom.

(3) The conditions are that—

(a) B initiated the overseas proceedings,

(b) the application is made within 5 years after the overseas determination takes effect,

(c) the civil partnership (or ostensible civil partnership) had a substantial connection with Scotland,

(d) A and B are alive when the application is made, and

(e) (taking Part 3 of this Act to have been in force) a court in Scotland would have had jurisdiction to entertain an action for dissolution or annulment of the civil partnership, if such an action had been brought immediately before the overseas determination took effect.

[F2 (3A) If an application or part of an application relates to a matter [F3 in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18]]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (5) In this paragraph [F6 “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague].]

Textual Amendments

F1 Words in Sch. 11 para. 2(1) substituted (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 25(7)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(iv))

F2 Sch. 11 para. 2(3A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(7)(b)

F3 Words in Sch. 11 para. 2(3A) substituted (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 25(7)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(iv))

F4 Sch. 11 para. 2(4) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 68 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Sch. 11 para. 2(5) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(7)(d)

F6 Words in Sch. 11 para. 2(5) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 25(7)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(iv))