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Civil Partnership (Scotland) Act 2020

Nullity of civil partnership and recognition of dissolution

Paragraph 6(3) Register of Dissolutions of Civil Partnership

82.Section 122 of the Civil Partnership Act 2004 (“the 2004 Act”) requires the Registrar General to maintain a register of decrees of dissolution of civil partnership known as the Register of Dissolutions of Civil Partnership. Paragraph 6(3) of schedule 2 requires the Registrar General to include decrees of declarator of nullity of civil partnerships in that register. The modification achieves consistency with the Register of Divorces, as provided for in section 28A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, which records both decrees of divorce and decrees of declarator of nullity of marriage.

Paragraph 6(4): Jurisdiction in respects of declarator of nullity of civil partnership

83.Section 225 of the 2004 Act makes provision regarding the jurisdiction of the Scottish courts to entertain certain types of proceedings relating to civil partnerships. At present the Court of Session is the only Scottish court with jurisdiction to entertain actions for declarator of nullity of civil partnership. Paragraph 6(4) of schedule 2 extends jurisdiction to the sheriff court in relation to such proceedings provided the case is one in which the Court of Session would have jurisdiction and a residence connection with the sheriffdom is satisfied.

Paragraph 6(5): Recognition of overseas dissolutions

84.Sections 234 to 237 of the 2004 Act contain provisions regarding the recognition of overseas dissolutions, annulments and separations. Section 237(2)(b)(ii) allows regulations to modify the application of those provisions in circumstances where a civil partner is domiciled in a country that does not recognise same sex civil partnerships. Paragraph 6(5) of schedule 2 extends the scope of the power to allow it also to be exercised where a civil partner is domiciled in a country that does not recognise civil partnerships between two people of different sexes.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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