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Civil Partnership Act 2004

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DeclarationsN.I.

181DeclarationsN.I.

(1)Any person may apply to the court for one or more of the following declarations in relation to a civil partnership specified in the application—

(a)a declaration that the civil partnership was at its inception a valid civil partnership;

(b)a declaration that the civil partnership subsisted on a date specified in the application;

(c)a declaration that the civil partnership did not subsist on a date so specified;

(d)a declaration that the validity of a dissolution, annulment or legal separation obtained in any country outside Northern Ireland in respect of the civil partnership is entitled to recognition in Northern Ireland;

(e)a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in Northern Ireland.

(2)Where an application under subsection (1) is made to the court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.

182General provisions as to making and effect of declarationsN.I.

(1)Where on an application for a declaration under section 181 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.

(2)Any declaration under section 181 binds Her Majesty and all other persons.

(3)The court, on the dismissal of an application for a declaration under section 181, may not make any declaration for which an application has not been made.

(4)No declaration which may be applied for under section 181 may be made otherwise than under section 181 by any court.

(5)No declaration may be made by any court, whether under section 181 or otherwise, that a civil partnership was at its inception void.

(6)Nothing in this section affects the powers of any court to annul a civil partnership.

183The Attorney General and proceedings for declarationsN.I.

(1)On an application for a declaration under section 181 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(2)The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 181, may—

(a)intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and

(b)argue before the court any question in relation to the application which the court considers it necessary to have fully argued.

(3)Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 181, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

184Supplementary provisions as to declarationsN.I.

(1)Any declaration made under section 181, and any application for such a declaration, must be in the form prescribed by family proceedings rules.

(2)Family proceedings rules may make provision—

(a)as to the information required to be given by any applicant for a declaration under section 181;

(b)requiring notice of an application under section 181 to be served on the Attorney General and on persons who may be affected by any declaration applied for.

(3)No proceedings under section 181 affects any final judgment or order already pronounced or made by any court of competent jurisdiction.

(4)The court hearing an application under section 181 may direct that the whole or any part of the proceedings must be heard in private.

(5)An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.

(6)Family proceedings rules must make provision for an appeal to the Court of Appeal from any declaration made by a county court under section 181 or from the dismissal of an application under that section, upon a point of law, a question of fact or the admission or rejection of any evidence.

(7)Subsection (6) does not affect Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).

(8)In this section “family proceedings rules” means family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 184 wholly in force at 5.12.2005; s. 184 not in force at Royal Assent see s. 263; s. 184(1) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 184(2)(6)(8) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch.; s. 184(3)-(5)(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.

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