7(1)[F1Subject to sub-paragraph (6),] the court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied.E+W
(2)The first requirement is that either of the civil partners—
(a)was domiciled in England and Wales on the date when the leave was applied for, or
(b)was domiciled in England and Wales on the date when the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.
(3)The second is that either of the civil partners—
(a)was habitually resident in England and Wales throughout the period of one year ending with the date when the leave was applied for, or
(b)was habitually resident in England and Wales throughout the period of one year ending with the date on which the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.
(4)The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in England or Wales which was at some time during the civil partnership a civil partnership home of the civil partners.
(5)In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.
[F2(6)If an application or part of an application relates to a matter [F3in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18].
(7)In sub-paragraph (6) [F4“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague].]
Textual Amendments
F1Words in Sch. 7 para. 7(1) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(6)(a)(i)
F2Sch. 7 para. 7(6)(7) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(6)(a)(ii)
F3Words in Sch. 7 para. 7(6) substituted by S.I. 2019/519, Sch. para. 25(6)(a)(i) (as substituted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(iii))
F4Words in Sch. 7 para. 7(7) substituted by S.I. 2019/519, Sch. para. 25(6)(a)(ii) (as substituted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(iii))