The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 and shall come into force on the 5^th December 2005.

(2) In these Rules—

(a) “civil partnership proceedings” means proceedings under the Civil Partnership Act 2004 of a kind mentioned in sub-paragraph (b);

(b) the proceedings referred to in sub-paragraph (a) are proceedings so far as they are for one or more of the following—

(i) a dissolution order,

(ii) a separation order,

(iii) a nullity order,

(iv) a declaration as to the validity of a civil partnership of the petitioner,

(v) a declaration as to the subsistence of such a civil partnership;

(c) “another jurisdiction” means any jurisdiction outside England and Wales;

(d) “related jurisdiction” means Scotland, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark);

(e) references to the trial in any proceedings are, where there is more than one trial, references to the first trial in those proceedings, but do not include the separate trial of an issue as to jurisdiction only;

(f) references to proceedings in another jurisdiction are references to proceedings in a court of that jurisdiction and to any proceedings which are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status;

(g) references to proceedings which are continuing in another jurisdiction are references to proceedings which have been begun and have not been finally disposed of;

(h) references to proceedings before the court which are continuing are references to proceedings which are pending and not stayed; and

(i) proceedings are relevant proceedings if they are in respect of the same civil partnership or are capable of affecting its validity or subsistence.