The Family Proceedings (Amendment) (No. 5) Rules 2005

Amendments to the 1991 Rules

66.  After rule 3.12 insert—

“Application under section 58 of Act of 2004 for declaration as to civil partnership status

3.12A.— (1) Unless the court otherwise directs, a petition by which proceedings are begun under section 58 of the Act of 2004 for a declaration as to civil partnership status must state—

(a) the names of each party to the civil partnership to which the application relates and the residential address of each of them at the date of the presentation of the petition;

(b) the place at, and the date on which, the civil partnership was formed;

(c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration;

(d) whether there have been or are continuing any proceedings in any court, tribunal or authority in England and Wales or elsewhere between the parties which relate to, or are capable of affecting, the validity or subsistence of the civil partnership, dissolution, annulment or legal separation to which the application relates, or which relate to the civil partnership or matrimonial status of either of the parties;

(e) in relation to any proceedings to which paragraph (d) applies—

(i) the nature, and either the outcome or present state of those proceedings,

(ii) the court, tribunal or authority before which they were begun,

(iii) the date when they were begun,

(iv) the names of the parties to them,

(v) the date or expected date of the trial,

(vi) any other facts relevant to the question whether the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005;

(f) where it is alleged that the court has jurisdiction based on domicile, which of the parties to the civil partnership to which the application relates—

(i) is domiciled in England and Wales on the date of the presentation of the petition, or

(ii) died before that date and was at death domiciled in England and Wales;

(g) where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the civil partnership to which the application relates—

(i) has been habitually resident in England and Wales, or

(ii) died before that date and had been habitually resident in England and Wales throughout the period of one year ending with the date of death;

(h) where the petitioner was not a party to the civil partnership to which the application relates, particulars of his interest in the determination of the application.

(2) Proceedings to which paragraph (1)(d) applies—

(a) include any proceedings instituted otherwise than in a court of law in any country outside England and Wales, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and

(b) are treated as continuing if they have begun and have not been finally disposed of.

(3) Where the proceedings are for a declaration that the validity of a dissolution, annulment or legal separation obtained in any country outside England or Wales in respect of the civil partnership either is or is not entitled to recognition in England and Wales, the petition must in addition state the date and place of the dissolution, annulment or legal separation.

(4) There must be annexed to the petition a copy of the certificate of any civil partnership, or, as the case may be, a certified copy of any order for dissolution, annulment or legal separation, to which the application relates.

(5) Where a document produced by virtue of paragraph (4) is not in English it must, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(6) The parties to the civil partnership in respect of which a declaration is sought shall be the petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties to the civil partnership shall be the respondents.”.