The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

Explanatory Note

(This note is not part of the Rules)

These Rules are made under section 223 of the Civil Partnership Act 2004 which allows for provision to be made in relation to civil partnerships corresponding to the provision made in respect of marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45). That Schedule makes provision about the relationship between domestic proceedings for divorce, judicial separation, nullity of marriage and declarations as to the validity and subsistence of a marriage of the petitioner, and proceedings in another jurisdiction of a similar type, and provides for when those domestic proceedings must or may be stayed.

These Rules make similar provision about the relationship between domestic proceedings for an order of dissolution, separation or nullity of civil partnership or for a declaration as to the validity or subsistence of a civil partnership, and proceedings in another jurisdiction of a similar type.

Rule 2 requires any party who is seeking an order in civil partnership proceedings to provide particulars of relevant overseas proceedings in accordance with the provisions of the Family Proceedings Rules 1991.

Rule 3 provides that where there are proceedings for a dissolution order before the court and the trial in those proceedings has not begun then, in certain circumstances, the court must stay those proceedings if similar proceedings in respect of the same civil partnership are continuing in Scotland, Nothern Ireland, Jersey, Guernsey (including Alderney and Sark) or the Isle of Man (“a related jurisdiction”). Rule 11 modifies the application of this provision in respect of a civil partnership which is a recognised overseas relationship registered before the coming into force of these Rules.

Rule 4 provides that where there are proceedings before the court and the trial in those proceedings has not begun then, if the balance of fairness makes it appropriate, the court can stay all or part of those proceedings if there are similar proceedings continuing in another jurisdiction. This rule also applies where the trial in the proceedings before the court has begun but one of the parties failed to tell the court about the proceedings in the other jurisdiction.

Rule 5 provides for the discharge of orders staying proceedings under rules 3 and 4.

Rule 7 makes provision about the court’s power to make certain ancillary relief orders where a stay is imposed under these Rules by reference to proceedings in a related jurisdiction. Rule 8 makes provision about the effect of orders already made in civil partnership proceedings which have been stayed by reference to proceedings in a related jurisdiction. Rule 6(4) makes clear that these provisions do not affect the court’s power to deal with orders which remain in force, enforce orders in relation to any period when they were in force, or make orders once proceedings are no longer stayed.

Rule 9 provides that where proceedings are for more than one of the following: an order for dissolution, nullity or separation, but the proceedings are stayed only in so far as they are for some of those orders, rules 7 and 8 do not apply but the court may not make a lump sum order or a relevant order in respect of the proceedings so far as they are stayed.

Rule 10 makes clear that these Rules do not affect any other power which the court might have to stay the proceedings.

Rule 1 and the remainder of rule 6 make provision consequential to that made by other rules.