C1 Part IV Family Homes and Domestic Violence
Further provisions relating to occupation and non-molestation orders
44 Evidence of agreement to marry F1or form a civil partnership.
1
Subject to subsection (2), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(e) unless there is produced to it evidence in writing of the existence of the agreement to marry.
2
Subsection (1) does not apply if the court is satisfied that the agreement to marry was evidenced by—
a
the gift of an engagement ring by one party to the agreement to the other in contemplation of their marriage, or
b
a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.
F23
Subject to subsection (4), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004).
4
Subsection (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by—
a
a gift by one party to the agreement to the other as a token of the agreement, or
b
a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.
Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1