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Civil Partnership Act 2004

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This is the original version (as it was originally enacted).

Matrimonial and Family Proceedings Act 1984 (c. 42)

This sectionnoteType=Explanatory Notes has no associated

96(1)Amend section 42 (county court proceedings in principal registry of Family Division) as follows.

(2)In subsection (1)—

(a)after “Sections 33 to 35” insert “and 36A to 36C”,

(b)after “section 34(2)” insert “or 36B(2)”, and

(c)after “divorce county court” insert “or civil partnership proceedings county court”.

(3)After that subsection insert—

(1A)Subsection (2) below applies to—

(a)the jurisdiction in matrimonial causes or matters conferred by sections 33, 34 and 35 above on divorce county courts, and

(b)the jurisdiction in civil partnership causes or matters conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts.

(4)In subsection (2), for the words from the beginning to “on divorce county courts” substitute “A jurisdiction to which this subsection applies”.

(5)For the words in subsection (2) after paragraph (b) substitute the following new subsection—

(2A)Rules of court may make provision—

(a)for treating, for any purposes specified in the rules, matrimonial causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(a) above is exercisable as pending in a divorce county court,

(b)for treating, for any purposes specified in the rules, civil partnership causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(b) above is exercisable as pending in a civil partnership proceedings county court, and

(c)for the application of section 74(3) of the Solicitors Act 1974 (costs) with respect to proceedings treated as mentioned in paragraph (a) or (b) above.

(6)In subsection (3), for “subsection (2)” substitute “subsection (2A)”.

(7)After subsection (3) insert—

(3A)Where, by virtue of rules under subsection (2A) above, a civil partnership cause or matter is pending in the registry as in a civil partnership proceedings county court, any ancillary or related proceedings which could be taken in a civil partnership proceedings county court and which are not of a description excluded by the rules from the operation of this subsection may be taken and dealt with in the registry as in a civil partnership proceedings county court.

(8)After subsection (4) insert—

(4ZA)The principal registry shall be treated as a civil partnership proceedings county court—

(a)for the purposes of any provision to be made by rules of court under section 36A(5) above;

(b)for the purpose of any provision to be made under section 36B(2) above prescribing the county court in which any proceedings are to be commenced; and

(c)for the purpose of any transfer of family proceedings under section 38 or 39 above between the High Court and a civil partnership proceedings county court.

(9)In subsection (4A), after “in any matrimonial cause or matter” insert “, or in any civil partnership cause or matter,”.

(10)In subsection (5), for paragraphs (a) and (b) substitute—

(a)as regards service of process—

(i)as if proceedings commenced in the principal registry in a matrimonial cause or matter had been commenced in a divorce county court, and

(ii)as if proceedings commenced in that registry in a civil partnership cause or matter had been commenced in a civil partnership proceedings county court; and

(b)as regards enforcement of orders—

(i)as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 33, 34 and 35 above on divorce county courts were orders made by such a court, and

(ii)as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts were orders made by such a court.

(11)After that subsection insert—

(5A)For the purposes of subsection (3A) above, proceedings—

(a)are “ancillary” to a civil partnership cause if they are connected with the cause, and

(b)are “related” to a civil partnership cause if they are for protecting or otherwise relate to any rights, or the exercise of any rights, of—

(i)the civil partners as civil partners, or

(ii)any children of the family.

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