i e AT 2 of 2011 CIVIL PARTNERSHIP ACT 2011

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1 i e AT 2 of 2011 CIVIL PARTNERSHIP ACT 2011

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3 Civil Partnership At 2011 Index i e CIVIL PARTNERSHIP ACT 2011 Index Setion Page PART 1 INTRODUCTION 9 1 Civil partnership Interpretation and glossary INDEX OF DEFINED TERMS 10 PART 2 CIVIL PARTNERSHIP 11 CHAPTER 1 - REGISTRATION 11 Formation, eligibility and parental et. onsent 11 3 Formation of ivil partnership by registration Eligibility Parental et. onsent where proposed ivil partner under Registration proedure: general 12 6 Types of pre-registration proedure Plae of registration The ivil partnership doument The standard proedure 15 9 Notie of proposed ivil partnership and delaration Power to require evidene of name et Proposed ivil partnership to be publiised Meaning of the waiting period Power to shorten the waiting period Objetion to proposed ivil partnership Issue of ivil partnership shedule Appeal against refusal to issue ivil partnership shedule Frivolous objetions and representations: liability for osts et Period during whih registration may take plae The proedures for house-bound and detained persons House-bound persons Detained persons AT 2 of 2011 Page 3

4 Index Civil Partnership At 2011 The speial proedure Notie of proposed ivil partnership Evidene to be produed Appliation to be reported to judge Objetion to issue of judge s liene Issue of judge s liene Frivolous objetions: liability for osts Period during whih registration may take plae Conversion of Isle of Man ivil partnerships to marriages 23 27A Conversion of ivil partnership into marriage Supplementary The Chief Registrar and the register Offenes relating to ivil partnership shedule Offenes relating to judge s liene Offenes relating to the reording of ivil partnerships Fees and expenses Power to assimilate provisions relating to ivil registration Regulations CHAPTER 2 - DISSOLUTION, NULLITY AND OTHER PROCEEDINGS 28 Introdution Powers to make orders and effet of orders The period before provisional orders may be made final Intervention of the Attorney General Proeedings before order has been made final Time bar on appliations for dissolution orders Attempts at reoniliation of ivil partners Consideration by the ourt of ertain agreements or arrangements Dissolution of ivil partnership Dissolution of ivil partnership whih has broken down irretrievably Supplemental provisions as to fats raising presumption of breakdown Dissolution order not preluded by previous separation order et Refusal of dissolution in 5 year separation ases on ground of grave hardship Proeedings before order made final: protetion for respondent in separation ases Nullity Grounds on whih ivil partnership is void Grounds on whih ivil partnership is voidable Bars to relief where ivil partnership is voidable Proof of ertain matters not neessary to validity of ivil partnership Power to validate ivil partnership Validity of ivil partnerships registered outside the Island Presumption of death orders Presumption of death orders Page 4 AT 2 of 2011

5 Civil Partnership At 2011 Index Separation orders Separation orders Effet of separation order Delarations Delarations General provisions as to making and effet of delarations The Attorney General and proeedings for delarations Supplementary provisions as to delarations General provisions Relief for respondent in dissolution proeedings Restritions on making orders affeting hildren Parties to proeedings under this Chapter CHAPTER 3 - PROPERTY AND FINANCIAL ARRANGEMENTS Contribution by ivil partner to property improvement Disputes between ivil partners about property Appliations under setion 64 where property not in possession et Appliations under setion 64 by former ivil partners Ations in tort between ivil partners Assurane poliy by ivil partner for benefit of other ivil partner et Wills, administration of estates and family provision Finanial relief for ivil partners and hildren of family CHAPTER 4 - CIVIL PARTNERSHIP AGREEMENTS Civil partnership agreements unenforeable Property where ivil partnership agreement is terminated CHAPTER 5 - AMENDMENTS RELATING TO CHILDREN Amendments relating to hildren CHAPTER 6 - MISCELLANEOUS False statements et. with referene to ivil partnerships Land Family homes and domesti violene Evidene Soial seurity PART 3 RELATIONSHIPS FORMED OUTSIDE THE ISLAND TREATED AS CIVIL PARTNERSHIPS 54 CHAPTER 1 - CHARACTERISTICS OF RELEVANT RELATIONSHIP Meaning of relevant relationship and assoiated terms Qualifying UK relationships Speified relationships The general onditions Overseas relationships treated as ivil partnerships: the general rule [Repealed] Person domiiled in the Island AT 2 of 2011 Page 5

6 Index Civil Partnership At The publi poliy exeption CHAPTER 2 - DISSOLUTION ETC: JURISDICTION AND RECOGNITION 57 Introdution Power to make provision orresponding to EC Regulation 2201/ Jurisdition of the ourt Proeedings for dissolution, separation or nullity order Proeedings for presumption of death order Proeedings for dissolution, nullity or separation order supplementary Appliations for delarations as to validity et Reognition of dissolution, annulment and separation Effet of dissolution, annulment or separation obtained elsewhere in the British Islands Reognition in the Island of overseas dissolution, annulment or separation Grounds for reognition Refusal of reognition Supplementary provisions relating to reognition of dissolution et Non-reognition elsewhere of dissolution or annulment PART 4 RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIPS Interpretation of statutory referenes to stephildren et Provisions to whih setion 98 applies PART 5 MISCELLANEOUS Immigration ontrol and formation of ivil partnerships Power to amend enatments relating to pensions PART 6 SUPPLEMENTARY Regulations and orders Power to make further provision in onnetion with ivil partnership EU obligations and ivil partners Minor and onsequential amendments and repeals Tynwald proedure Short title and ommenement SCHEDULE 1 69 PROHIBITED DEGREES OF RELATIONSHIP 69 Provisions relating to paragraph 2 70 SCHEDULE 2 71 CIVIL PARTNERSHIPS OF PERSONS UNDER Page 6 AT 2 of 2011

7 Civil Partnership At 2011 Index SCHEDULE 3 76 REGISTRATION BY FORMER SPOUSES ONE OF WHOM HAS CHANGED SEX 76 SCHEDULE 4 78 WILLS, ADMINISTRATION OF ESTATES AND FAMILY PROVISION 78 SCHEDULE 5 78 FINANCIAL RELIEF IN THE HIGH COURT 78 SCHEDULE FINANCIAL RELIEF IN COURTS OF SUMMARY JURISDICTION 114 SCHEDULE FINANCIAL RELIEF AFTER DISSOLUTION ETC. OUTSIDE THE ISLAND OF A CIVIL PARTNERSHIP 132 SCHEDULE AMENDMENTS RELATING TO CHILDREN 144 SCHEDULE LAND 144 SCHEDULE FAMILY HOMES AND DOMESTIC VIOLENCE 145 SCHEDULE MEANING OF OVERSEAS RELATIONSHIP: SPECIFIED RELATIONSHIPS 145 SCHEDULE REFERENCES TO STEPCHILDREN ETC. IN EXISTING ACTS 147 SCHEDULE IMMIGRATION CONTROL AND FORMATION OF CIVIL PARTNERSHIPS 148 SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS 149 SCHEDULE REPEALS 152 AT 2 of 2011 Page 7

8 Index Civil Partnership At 2011 ENDNOTES 153 TABLE OF LEGISLATION HISTORY 153 TABLE OF RENUMBERED PROVISIONS 153 TABLE OF ENDNOTE REFERENCES 153 Page 8 AT 2 of 2011

9 Civil Partnership At 2011 Setion 1 i e CIVIL PARTNERSHIP ACT 2011 Reeived Royal Assent: 15 Marh 2011 Announed to Tynwald: 15 Marh 2011 Commened: 15 Marh 2011 AN ACT to make provision for ivil partnership; to make minor amendments in respet of adoption; and for onneted purposes. PART 1 INTRODUCTION 1 Civil partnership [P2004/33/1] (1) A ivil partnership is a relationship between two people ( ivil partners ) () (d) whih is formed when they register as ivil partners of eah other in the Island under Part 2; whih is formed when they register as ivil partners of eah other in any part of the United Kingdom in aordane with CPA 2004; whih is formed in any of the Channel Islands in aordane with a law having a orresponding effet to this At; or whih they are treated under Part 3 as having formed (at the time determined under that Part) by virtue of having registered an overseas relationship. 1 (2) Subsetion (1) is subjet to the provisions of this At under or by virtue of whih a ivil partnership is void. (3) A ivil partnership ends only on death, dissolution or annulment, or in the ase of a ivil partnership whih was formed in the Island under Part 2, on the onversion of the ivil partnership into a marriage under setion 27A. 2 3 AT 2 of 2011 Page 9

10 Setion 2 Civil Partnership At 2011 (4) The referenes in subsetion (3) to dissolution and annulment are to dissolution and annulment having effet under, or reognised in aordane with, this At. (5) Referenes in this At to a relevant relationship are to be read in aordane with Part 3. 2 Interpretation and glossary (1) In this At the Ats listed in the Table below are referred to by the abbreviations given there. Enatment Abbreviation Children and Young Persons At 2001 CYPA 2001 Civil Partnership At 2004 (an At of Parliament [. 33]) CPA 2004 Matrimonial Proeedings At 2003 MPA 2003 Welfare Reform and Pensions At 1999 (an At of Parliament [. 30]) WRAPA 1999 (2) In this At the ourt in relation to proeedings in the Island means the High Court exept in Shedule 6, and in Shedule 5 so far as neessary in the ontext of proeedings before a ourt of summary jurisdition; in the exepted plaes means a ourt of summary jurisdition, and judge shall be onstrued aordingly; speified in relation to an order of a ourt, means speified in the order. (3) The Table below shows where definitions of terms used more generally than the provision in whih they are defined may be found, and the extent of their appliation. INDEX OF DEFINED TERMS Term Where term Extent of appliation defined or otherwise explained aquired gender setion 48(3) The whole At adultery 4 setion 42(6) Chapter 2 of Part 2 hild setion 5(5) Part 2 hild of the family in relation to a ivil partner setion 61(4) The whole At ivil partners setion 1(1) The whole At ivil partnership doument setion 8(1) Part 2 interim gender reognition ertifiate setion 48(3) The whole At mental disorder setion 48(2) Setions 48 and 49 the register setion 28(4) Chapter 1 of Part 2 registrar setion 3(7) The whole At regulations setion 34(3) Chapter 1 of Part 2 relevant relationship setion 79(1) The whole At Page 10 AT 2 of 2011

11 Civil Partnership At 2011 Setion 3 speified relationship setion 81 and The whole At Shedule 11 the waiting period setion 12 Chapter 1 of Part 2 PART 2 CIVIL PARTNERSHIP CHAPTER 1 - REGISTRATION Formation, eligibility and parental et. onsent 3 Formation of ivil partnership by registration [P2004/33/2] (1) For the purposes of setion 1, two people are to be regarded as having registered as ivil partners of eah other one eah of them has signed the ivil partnership doument at the invitation of, and in the presene of, a registrar, and in the presene of eah other and two witnesses. (2) Subsetion (1) applies regardless of whether subsetions (3) and (4) are omplied with. (3) After the ivil partnership doument has been signed under subsetion (1), it must also be signed, in the presene of the ivil partners and eah other, by eah of the two witnesses, and the registrar. (4) After the witnesses and the registrar have signed the ivil partnership doument, the registrar must ensure that the fat that the two people have registered as ivil partners of eah other, and any other information presribed by regulations, is reorded in the register as soon as is pratiable. (5) No religious servie is to be used while the registrar is offiiating at the signing of a ivil partnership doument. (6) In this setion ivil partnership doument has the meaning given by setion 8(1). (7) In this At registrar means a registrar appointed under setion 2 of the Civil Registration At AT 2 of 2011 Page 11

12 Setion 4 Civil Partnership At Eligibility [P2004/33/3] (1) Two people are not eligible to register as ivil partners of eah other if [Repealed] 5 () (d) either of them is already a ivil partner or lawfully married, either of them is under 16, or they are within prohibited degrees of relationship. (2) Part 1 of Shedule 1 ontains provisions for determining when two people are within prohibited degrees of relationship. 5 Parental et. onsent where proposed ivil partner under 18 [P2004/33/4] (1) The onsent of the appropriate persons is required before a hild and another person may register as ivil partners of eah other. (2) Part 1 of Shedule 2 ontains provisions for determining who are the appropriate persons for the purposes of this setion. (3) The requirement of onsent under subsetion (1) does not apply if the hild is a widow, widower or a surviving ivil partner. (4) Nothing in this setion affets any need to obtain the onsent of the ourt before a ward of ourt and another person may register as ivil partners of eah other. (5) In this Part hild, exept where used to express a relationship, means a person who is under 18. Registration proedure: general 6 Types of pre-registration proedure [P2004/33/5] (1) Two people may register as ivil partners of eah other under the standard proedure (see setions 9 to 18); the proedure for house-bound persons (see setion 19); () the proedure for detained persons (see setion 20); (d) the speial proedure that applies in ases where a person is seriously ill and not expeted to reover (see setions 21 to 27). (2) The proedures referred to in subsetion (1) to () are subjet to Shedule 3 (former spouses one of whom has hanged sex). (3) The proedures referred to in subsetion (1) (inluding the proedures as modified by Shedule 3) are subjet to Page 12 AT 2 of 2011

13 Civil Partnership At 2011 Setion 7 Part 2 of Shedule 1 (provisions appliable in onnetion with prohibited degrees of relationship), and Parts 2 and 3 of Shedule 2 (provisions appliable where proposed ivil partner is under 18). (4) This setion is also subjet to setion 100 and Shedule 13 (immigration ontrol and formation of ivil partnerships). 7 Plae of registration [SI2007/115] (1) Two people may register as ivil partners of eah other () (d) (e) in a registrar s offie; in an approved plae; in any other plae in the Island, but only with the onsent of the owner of the plae; in (or over) the Island or its territorial waters aboard an approved airraft, vehile or vessel; in (or over the Island) or its territorial waters aboard an airraft, vehile or vessel whih is not approved, but only with the onsent of the owner of the airraft, vehile or vessel. 6 (2) If the registration of a ivil partnership is to take plae in aordane with paragraph, (), (d) or (e) of subsetion (1), it may only do so with the onsent of the Chief Registrar, whih must be given or withheld in aordane with guidane under subsetion (3). 7 (3) The Clerk of the Rolls shall issue guidane about the fators and irumstanes to be taken into aount by the Chief Registrar in determining whether to approve a plae under subsetion (1) or to give onsent under subsetion (2). 8 (3A) (3B) The guidane may in partiular be framed so as to presribe different fators and irumstanes whih apply to the registration of premises for the solemnization of marriages under setion 29 of the Marriage At For the sake of larity, nothing in this At obliges a religious organisation to permit the use of its premises for the purposes of ivil partnership eremonies, if it does not wish to do so. 10 (4) The guidane shall be framed so as to seure that the Chief Registrar s onsent is not unreasonably withheld, and shall be laid before Tynwald as soon as pratiable after it is made. (5) The Chief Registrar shall seure that the guidane issued under subsetion (3) is available to members of the publi. AT 2 of 2011 Page 13

14 Setion 8 Civil Partnership At 2011 (6) An appeal lies to the High Bailiff against any refusal by the Chief Registrar to approve a plae, an airraft, vehile or a vessel under subsetion (1); or to onsent under subsetion (2) to the manner in whih it is proposed that the registration of a ivil partnership should take plae. 11 (7) The High Bailiff s deision is final. (8) The Counil of Ministers may by order (9) In this setion amend subsetion (1); and make suh other amendments to this At as it onsiders neessary or expedient in onsequene of any amendment under paragraph. airraft shall be onstrued in aordane with Part A of Shedule 1 to the Air Navigation (Isle of Man) Order 2007; approved means approved by the Chief Registrar in aordane with guidane issued by the Clerk of the Rolls under subsetion (3); vehile means any form of land transport, other than an animal (but inludes a arriage or similar onveyane drawn by an animal); vessel means any desription of water raft The ivil partnership doument [P2004/33/7] (1) In this Part the ivil partnership doument means in relation to the speial proedure, a judge s liene, and in relation to any other proedure, a ivil partnership shedule. (2) Before two people are entitled to register as ivil partners of eah other the ivil partnership doument must be delivered to the registrar, and the registrar may then ask them for any information required (under setion 3(4)) to be reorded in the register. Page 14 AT 2 of 2011

15 Civil Partnership At 2011 Setion 9 The standard proedure 9 Notie of proposed ivil partnership and delaration [P2004/33/8] (1) For two people to register as ivil partners of eah other under the standard proedure, eah of them must give a notie of proposed ivil partnership to a registrar, and have resided at his or her plae of residene for at least 7 days immediately before giving the notie. (2) A notie of proposed ivil partnership must ontain suh information as may be presribed by regulations. (3) A notie of proposed ivil partnership must also inlude the neessary delaration, made and signed by the person giving the notie at the time when the notie is given; and in the presene of an authorised person, and the authorised person must attest the delaration by adding his or her name and offiial desription. (4) The neessary delaration is a solemn delaration in writing that the proposed ivil partner believes that there is no impediment of kindred or affinity or other lawful hindrane to the formation of the ivil partnership; and that eah of the proposed ivil partners has resided at his or her plae of residene for at least 7 days immediately before giving the notie. (5) Where a notie of proposed ivil partnership is given to a registrar in aordane with this setion, the registrar must ensure that the following information is reorded in the register as soon as possible the fat that the notie has been given and the information in it; the fat that the authorised person has attested the delaration. (6) Authorised Person means the registrar or an employee or offier or other person provided by the registrar who is authorised by the registrar to attest noties of proposed ivil partnership. (7) For the purposes of this Chapter, a notie of proposed ivil partnership is reorded when subsetion (5) is omplied with. 10 Power to require evidene of name et [P2004/33/9] (1) Where a notie of proposed ivil partnership has been given, a registrar may require the person giving the notie to provide speified evidene relating to that person, or AT 2 of 2011 Page 15

16 Setion 11 Civil Partnership At 2011 if the registrar imposing the requirement onsiders that the irumstanes are exeptional, relating not only to that person but also to that person s proposed ivil partner. (2) Suh a requirement may be imposed at any time before the issue of the ivil partnership shedule under setion 15. (3) Speified evidene, in relation to a person, means suh evidene as may be presribed () (d) (e) of the person s name and surname; of the person s age; as to whether the person has previously married or formed a ivil partnership and, if so, as to the ending of the marriage or ivil partnership; of the person s nationality; and as to the person s residene during the period of 7 days preeding the giving of a notie of proposed ivil partnership by that person. 11 Proposed ivil partnership to be publiised [P2004/33/10] (1) Where a notie of proposed ivil partnership has been given to a registrar, the relevant information must be filed in the ivil partnership notie book during the waiting period by a registrar. (2) The ivil partnership notie book must be open for inspetion free of harge during the normal hours of opening at the offie where the book is kept. (3) The relevant information means () the name of the person giving the notie, the name of that person s proposed ivil partner, and suh other information as may be presribed. (4) The ivil partnership notie book means the book provided by the Chief Registrar for the purpose of filing ivil partnership noties. 12 Meaning of the waiting period [P2004/33/11] In this Chapter the waiting period, in relation to a notie of proposed ivil partnership, means the period beginning the day after the notie is reorded, and subjet to setion 13, ending at the end of the period of 7 days beginning with that day. Page 16 AT 2 of 2011

17 Civil Partnership At 2011 Setion Power to shorten the waiting period [P2004/33/12] (1) If the Chief Registrar, on an appliation being made to him or her, is satisfied that there are ompelling reasons beause of the exeptional irumstanes of the ase for shortening the period of 7 days mentioned in setion 12, the Chief Registrar may shorten it to suh period as he or she onsiders appropriate. (2) Regulations must make provision with respet to the making, and granting, of appliations under subsetion (1) and for the making of an appeal against a deision taken by the Chief Registrar to the Clerk of the Rolls. 14 Objetion to proposed ivil partnership [P2004/33/13] (1) A person may objet to the issue of a ivil partnership shedule under setion 15 by giving a registrar notie of his or her objetion. (2) A notie of objetion must state the objetor s plae of residene and the ground of objetion, and be signed by or on behalf of the objetor. (3) If a notie of objetion is given to a registrar, the registrar must ensure that the fat that it has been given is reorded in the register as soon as possible. 15 Issue of ivil partnership shedule [P2004/33/14] (1) As soon as the waiting period in relation to eah notie of proposed ivil partnership has expired, a registrar at the request of one or both of the proposed ivil partners, must issue a doument to be known as a ivil partnership shedule. (2) Regulations may make provision as to the ontents of a ivil partnership shedule. (3) The duty in subsetion (1) does not apply if the registrar is not satisfied that there is no lawful impediment to the formation of the ivil partnership. (4) If an objetion to the issue of the ivil partnership shedule has been reorded in the register, no ivil partnership shedule is to be issued until a registrar has investigated the objetion and is satisfied that the objetion ought not to obstrut the issue of the ivil partnership shedule, or AT 2 of 2011 Page 17

18 Setion 16 Civil Partnership At 2011 the person who made the objetion has withdrawn it. 16 Appeal against refusal to issue ivil partnership shedule [P2004/33/15] (1) If a registrar refuses to issue a ivil partnership shedule beause an objetion to its issue has been made under setion 14, or in reliane on setion 15(3), either of the proposed ivil partners may appeal to the ourt. (2) On an appeal under this setion the ourt must either onfirm the refusal or diret that a ivil partnership shedule be issued. 17 Frivolous objetions and representations: liability for osts et. [P2004/33/16] (1) Subsetion (3) applies if a person objets to the issue of a ivil partnership shedule, but the ourt delares that the grounds on whih the objetion is made are frivolous and ought not to obstrut the issue of the ivil partnership shedule. (2) Subsetion (3) also applies if in reliane on setion 15(3), a registrar refuses to issue a ivil partnership shedule as a result of a representation made to him or her, and on an appeal under setion 16 against the refusal, the ourt delares that the representation is frivolous and ought not to obstrut the issue of the ivil partnership shedule. (3) The person who made the objetion or representation is liable for the osts of the proeedings before the ourt, and damages reoverable by the proposed ivil partner to whom the objetion or representation relates. 18 Period during whih registration may take plae [P2004/33/17] (1) The proposed ivil partners may not register as ivil partners of eah other on the prodution of the ivil partnership shedule until the waiting period in relation to eah notie of proposed ivil partnership has expired. (2) Subjet to subsetion (1), under the standard proedure, they may register as ivil partners by signing the ivil partnership shedule at any time during the appliable period. Page 18 AT 2 of 2011

19 Civil Partnership At 2011 Setion 19 (3) If they do not register as ivil partners by signing the ivil partnership shedule before the end of the appliable period the noties of proposed ivil partnership and the ivil partnership shedule are void, and no registrar may offiiate at the signing of the ivil partnership shedule by them. (4) The appliable period, in relation to two people registering as ivil partners of eah other, is the period of 12 months beginning with the day on whih the noties of proposed ivil partnership are reorded, or if the noties are not reorded on the same day, the earlier of those days. The proedures for house-bound and detained persons 19 House-bound persons [P2004/33/18] (1) This setion applies if two people wish to register as ivil partners of eah other at the plae where one of them is house-bound. (2) A person is house-bound at any plae if, in relation to that person, a statement is made by a registered medial pratitioner that, in his or her opinion beause of illness or disability, that person ought not to move or be moved from the plae where he or she is at the time when the statement is made, and it is likely to be the ase for at least the following 3 months that beause of the illness or disability that person ought not to move or be moved from that plae. (3) The proedure under whih the two people onerned may register as ivil partners of eah other is the same as the standard proedure, exept that () eah notie of proposed ivil partnership must be aompanied by a statement under subsetion (2) ( a medial statement ), whih must have been made not more than 14 days before the day on whih the notie is reorded, the fat that a registrar has reeived the medial statement must be reorded in the register, and the appliable period (for the purposes of setion 18) is the period of 3 months beginning with the day on whih the noties of proposed ivil partnership are reorded, or AT 2 of 2011 Page 19

20 Setion 20 Civil Partnership At 2011 (ii) if the noties are not reorded on the same day, the earlier of those days. (4) A medial statement must ontain suh information and be made in suh manner as may be presribed by regulations. (5) A medial statement may not be made in relation to a person who is detained as desribed in setion 20(2). (6) For the purposes of this Chapter, a person in relation to whom a medial statement is made is to be treated as resident and usually resident at the plae where the person is for the time being. 20 Detained persons [P2004/33/19] (1) This setion applies if two people wish to register as ivil partners of eah other at the plae where one of them is detained. (2) Detained means detained as a patient in a hospital (but otherwise than by virtue of Shedule 2A to the Summary Jurisdition At 1989, Shedule 1A to the Criminal Jurisdition At 1993 or setion 2, 4, 5 or 132 of the Mental Health At 1998 (short term detentions)), or in a prison or other plae to whih the Custody At 1995 applies. (3) The proedure under whih the two people onerned may register as ivil partners of eah other is the same as the standard proedure, exept that () eah notie of proposed ivil partnership must be aompanied by a supporting statement, whih must have been made not more than 21 days before the day on whih the notie is reorded, the fat that a registrar has reeived the supporting statement must be reorded in the register, and the appliable period (for the purposes of setion 18) is the period of 3 months beginning with (ii) the day on whih the noties of proposed ivil partnership are reorded, or if the noties are not reorded on the same day, the earlier of those days. (4) A supporting statement, in relation to a detained person, is a statement made by the responsible authority whih identifies the establishment where the person is detained, and states that the responsible authority has no objetion to that establishment being speified in a notie of proposed ivil partnership as the plae at whih the person is to register as a ivil partner. Page 20 AT 2 of 2011

21 Civil Partnership At 2011 Setion 21 (5) A supporting statement must ontain suh information and be made in suh manner as may be presribed by regulations. (6) The responsible authority means if the person is detained in a hospital, the hospital s managers; if the person is detained in an institution in aordane with the Custody At 1995, the offier in harge of that institution. (7) Patient and managers have the same meaning as in setion 138(1) of the Mental Health At 1998 and hospital has the meaning given in setion 45(3) of that At. (8) For the purposes of this Chapter, a detained person is to be treated as resident and usually resident at the plae where that person is for the time being. The speial proedure 21 Notie of proposed ivil partnership [P2004/33/21] (1) For two people to register as ivil partners of eah other under the speial proedure, one of them must give a notie of proposed ivil partnership to a registrar, and omply with any requirement made under setion 22. (2) The notie must ontain suh information as may be presribed by regulations. (3) The provisions of setion 9(3) to (6) (neessary delaration et.), apart from subsetion (4), apply for the purposes of this setion as they apply for the purposes of that setion. 22 Evidene to be produed [P2004/33/22] (1) The person giving a notie of proposed ivil partnership to a registrar under the speial proedure must produe to the registrar suh evidene as a judge may require to be satisfied () that there is no lawful impediment to the formation of the ivil partnership, that the onditions in subsetion (2) are met, and that there is suffiient reason why a liene should be granted. (2) The onditions are that one of the proposed ivil partners is seriously ill and not expeted to reover, and understands the nature and purport of signing a judge s liene. AT 2 of 2011 Page 21

22 Setion 23 Civil Partnership At 2011 (3) The ertifiate of a registered medial pratitioner is suffiient evidene of any or all of the matters referred to in subsetion (2). 23 Appliation to be reported to judge [P2004/33/23] On reeiving a notie of proposed ivil partnership under setion 21 and any evidene under setion 22, the registrar must inform a judge, and omply with any diretions a judge may give for verifying the evidene given. 24 Objetion to issue of judge s liene [P2004/33/24] (1) Any person may objet to a judge giving authority for the issue of a liene by giving the Chief Registrar notie of his or her objetion. (2) A notie of objetion must state the objetor s plae of residene and the ground of objetion, and be signed by or on behalf of the objetor. (3) Notie of objetion and the information ontained in it must be reorded in the register by the Chief Registrar as soon as possible. 25 Issue of judge s liene [P2004/33/25] (1) This setion applies where a notie of proposed ivil partnership is given to a registrar under setion 21. (2) The registrar may issue a judge s liene if, and only if, given authority to do so by a judge. (3) The judge may not give authority unless satisfied that one of the proposed ivil partners is seriously ill and not expeted to reover, but if so satisfied, must give authority unless a lawful impediment to the issue of a liene has been shown to the judge s satisfation to exist. (4) A liene under this setion must state that it is issued on the authority of a judge. (5) Regulations may (subjet to subsetion (4)) make provision as to the ontents of a liene under this setion. (6) If an objetion has been made to a judge giving authority for the issue of a liene, that authority shall not be given until Page 22 AT 2 of 2011

23 Civil Partnership At 2011 Setion 26 the objetion has been investigated and a judge has deided whether it ought to obstrut the issue of the liene, or the objetion has been withdrawn by the person who made it. (7) Any deision of the judge under subsetion (6) is final. 26 Frivolous objetions: liability for osts [P2004/33/26] (1) This setion applies if a person objets to the judge giving authority for the issue of a liene, but the judge delares that the grounds on whih the objetion is made are frivolous and ought not to obstrut the issue of the liene. (2) The person who made the objetion is liable for the osts of the proeedings before the judge, and damages reoverable by the proposed ivil partner to whom the objetion relates. 27 Period during whih registration may take plae [P2004/33/27] (1) If a judge s liene has been issued under setion 25, the proposed ivil partners may register as ivil partners by signing it at any time within one month from the day on whih the notie of proposed ivil partnership was given. (2) If they do not register as ivil partners by signing the liene within the one month period the notie of proposed ivil partnership and the liene are void, and no registrar may offiiate at the signing of the liene by them. Conversion of Isle of Man ivil partnerships to marriages 27A Conversion of ivil partnership into marriage (1) The parties to an Isle of Man ivil partnership may onvert their ivil partnership into a marriage under a proedure established by regulations made by the Clerk of the Rolls. (2) Regulations under this setion may in partiular make provision about the making by the parties to a ivil partnership of an appliation to onvert their ivil partnership into a marriage; AT 2 of 2011 Page 23

24 Setion 28 Civil Partnership At 2011 () (d) (e) provision about the information to be provided in support of an appliation to onvert; provision about the making of delarations in support of an appliation to onvert; provision for persons who have made an appliation to onvert to appear before any person or attend at any plae; provision onferring funtions in onnetion with appliations to onvert on relevant offiials, the Clerk of the Rolls, or any other persons. (3) Funtions onferred by virtue of paragraph (e) of subsetion (2) may inlude funtions relating to () (d) the reording of information on the onversion of ivil partnerships; the issuing of ertified opies of any information reorded; the arrying out, on request, of searhes of any information reorded and the provision, on request, of reords of any information reorded (otherwise than in the form of ertified opies); the onduting of servies or eremonies (other than religious servies or eremonies) following the onversion of a ivil partnership. (4) If a ivil partnership is onverted into a marriage under this setion (5) In this setion the ivil partnership ends on the onversion, and the resulting marriage is to be treated as having subsisted sine the date the ivil partnership was formed. Isle of Man ivil partnership means a ivil partnership whih is formed by two people registering as ivil partners of eah other in the Island in aordane with this Part; relevant offiial means the Chief Registrar; a registrar. 13 Supplementary 28 The Chief Registrar and the register [P2004/33/30] (1) The Chief Registrar must provide a system for keeping any reords that relate to ivil partnerships and are required by this Chapter to be made. Page 24 AT 2 of 2011

25 Civil Partnership At 2011 Setion 29 (2) Reords may be maintained in suh format (inluding eletroni) as the Chief Registrar thinks fit provided it is possible to inspet the information ontained in them and to obtain a opy of suh information in legible form. (3) The system may, in partiular, enable those reords to be kept together with other reords kept by the Chief Registrar. (4) In this Chapter the register means the system for keeping reords provided under subsetion (1). 29 Offenes relating to ivil partnership shedule [P2004/33/31] (1) A person ommits an offene if he or she issues a ivil partnership shedule knowing that he or she does so () before the waiting period in relation to eah notie of proposed ivil partnership has expired, after the end of the appliable period, or at a time when its issue has been forbidden under Shedule 2 by a person entitled to forbid its issue. (2) A registrar ( R ) ommits an offene if, ating as suh, R offiiates at the signing of a ivil partnership shedule by proposed ivil partners knowing that R does so () at a plae or in irumstanes other than the plae or irumstanes speified in the noties of proposed ivil partnership and the ivil partnership shedule, before the waiting period in relation to eah notie of proposed ivil partnership has expired, or even though the ivil partnership is void under setion 47 or (). (3) A person who offiiates at the signing of a ivil partnership shedule when not a registrar ommits an offene. (4) A person guilty of an offene under subsetion (1), (2) or (3) is liable on onvition on information, to ustody for a term not exeeding 2 years or to a fine (or both); on summary onvition, to a fine not exeeding 5,000. (5) A proseution under this setion may not be ommened more than 3 years after the ommission of the offene. 30 Offenes relating to judge s liene [P2004/33/32] (1) A person ommits an offene if AT 2 of 2011 Page 25

26 Setion 31 Civil Partnership At 2011 he or she gives information by way of evidene in response to a requirement under setion 22(1), knowing that the information is false; he or she gives a ertifiate as provided for by setion 22(3), knowing that the ertifiate is false. (2) A person ommits an offene if, in his or her apaity as a registrar, he or she offiiates at the signing of a judge s liene by proposed ivil partners knowing that he or she does so () at a plae or in irumstanes other than the plae or irumstanes speified in the liene, after the end of one month from the day on whih the notie of proposed ivil partnership was given, or even though the ivil partnership is void under setion 47 or (). (3) A person who ats as a registrar at the signing of a judge s liene, knowing that he or she is not authorised to do so, is guilty of an offene. (4) A person guilty of an offene under subsetion (1), (2) or (3) is liable on onvition on information to ustody not exeeding 2 years or to a fine (or both); on summary onvition, to a fine not exeeding 5,000. (5) A proseution under this setion may not be ommened more than 3 years after the ommission of the offene. 31 Offenes relating to the reording of ivil partnerships [P2004/33/33] (1) A registrar who refuses or fails to omply with the provisions of this Chapter or of any regulations made under setion 34 ommits an offene. (2) A registrar guilty of an offene under subsetion (1) is liable on onvition on information to ustody for a term not exeeding 2 years or to a fine (or both); on summary onvition, to a fine not exeeding 5,000; and on onvition shall, if the ourt by whih he or she is sentened so orders, ease to be a registrar. (3) A person ommits an offene if under arrangements made by a registrar for the purposes of setion 3(4), he or she is under a duty to reord information required to be reorded under setion 3(4), but refuses or without reasonable ause omits to do so. (4) A person guilty of an offene under subsetion (3) is liable on summary onvition to a fine not exeeding 1,000. Page 26 AT 2 of 2011

27 Civil Partnership At 2011 Setion 32 (5) A person who reords in the register information relating to the formation of a ivil partnership by the signing of a ivil partnership shedule, knowing that the ivil partnership is void under setion 47 or (), ommits an offene. (6) A person guilty of an offene under subsetion (5) is liable on onvition on information, to ustody for a term not exeeding 3 years or to a fine or both; on summary onvition, to a fine not exeeding 5,000. (7) A person who reords in the register information relating to the formation of a ivil partnership by the signing of a judge s liene, knowing that the ivil partnership is void under setion 47 or (), ommits an offene. (8) A person guilty of an offene under subsetion (7) is liable on onvition on information, to ustody for a term not exeeding 3 years or to a fine or both; on summary onvition, to a fine not exeeding 5,000. (9) A proseution under subsetion (5) or (7) may not be ommened more than 3 years after the ommission of the offene. 32 Fees and expenses [P2004/33/34] (1) The Treasury may by order provide for fees and expenses, of suh amounts as may be speified in, or determined in aordane with, the order, to be payable to suh persons as may be presribed by the order in respet of () (d) (e) the giving of a notie of proposed ivil partnership and the attestation of the neessary delaration; the making of an appliation under setion 13(1) (appliation to shorten waiting period); the issue of a judge s liene; the attendane of the registrar when two people sign the ivil partnership doument; suh other servies provided in onnetion with ivil partnerships either by registrars or on behalf of the Chief Registrar as may be presribed by the order. (2) The Treasury may by order make provision for fees, of suh amounts as are speified in or determined in aordane with the order, to be payable in respet of the making of an appliation to onvert a ivil partnership to a marriage; AT 2 of 2011 Page 27

28 Setion 33 Civil Partnership At 2011 the exerise of any funtion onferred by virtue of setion 27A(2)(e) Power to assimilate provisions relating to ivil registration [P2004/33/35] (1) The Counil of Ministers may by order make suh amendments of enatments as appear to it appropriate for the purposes of assimilating any provision onneted with the formation or reording of ivil partnerships to any provision made in relation to ivil marriage in the Island. (2) Civil marriage means marriage solemnised otherwise than aording to the rites of the Churh of England or any other religious usages. (3) Amendment inludes repeal or revoation. 34 Regulations [P2004/33/36] (1) Regulations may make provision supplementing the provisions of this Chapter. (2) Regulations may in partiular make provision () (d) (e) (3) In this Chapter with respet to the retention of douments relating to ivil partnerships; presribing the duties of registrars; presribing the duties of persons in whose presene any delaration is made for the purposes of this Chapter; for the issue by the Chief Registrar of guidane supplementing any provision made by the regulations; for the issue by the Chief Registrar of ertified opies of entries in the register and for suh opies to be reeived in evidene. presribed means presribed by regulations; and regulations means regulations made by the Clerk of the Rolls. CHAPTER 2 - DISSOLUTION, NULLITY AND OTHER PROCEEDINGS Introdution 35 Powers to make orders and effet of orders [P2004/33/37] (1) The ourt may, in aordane with this Chapter Page 28 AT 2 of 2011

29 Civil Partnership At 2011 Setion 36 () (d) make an order (a dissolution order ) whih dissolves a ivil partnership on the ground that it has broken down irretrievably; make an order (a nullity order ) whih annuls a ivil partnership whih is void or voidable; make an order (a presumption of death order ) whih dissolves a ivil partnership on the ground that one of the ivil partners is presumed to be dead; make an order (a separation order ) whih provides for the separation of the ivil partners. (2) Every dissolution, nullity or presumption of death order is, in the first instane, a provisional order, and may not be made final before the end of the presribed period (see setion 36); and any referene in this Chapter to a provisional order is to be read aordingly. (3) A nullity order made where a ivil partnership is voidable annuls the ivil partnership only as respets any time after the order has been made final, and the ivil partnership is to be treated (despite the order) as if it had existed up to that time. (4) This Chapter is subjet to setions 87 to 91(jurisdition of the ourt). 36 The period before provisional orders may be made final [P2004/33/38] (1) The presribed period for the purposes of setion 35(2) is 6 weeks from the making of the provisional order, or if the 6 week period would end on a day on whih the General Registry is losed, the period of 6 weeks extended to the end of the first day on whih the General Registry is next open. This is subjet to the following qualifiations. (2) Rules of ourt may presribe a shorter period for the purposes of setion 35(2). (3) In a partiular ase the ourt may by order shorten the presribed period. 37 Intervention of the Attorney General [P2004/33/39] (1) This setion applies if an appliation has been made for a dissolution, nullity or presumption of death order. (2) The ourt may, if it thinks fit, diret that all neessary papers in the matter are to be sent to the Attorney General who shall argue, or shall instrut an advoate to argue, before the ourt any question in relation to AT 2 of 2011 Page 29

30 Setion 38 Civil Partnership At 2011 the matter whih the ourt onsiders it neessary or expedient to have fully argued. (3) If any person at any time during the progress of the proeedings, or before the provisional order is made final, gives information to the Attorney General on any matter material to the due deision of the ase, the Attorney General may take suh steps as the Attorney General onsiders neessary or expedient. (4) If the Attorney General intervenes or shows ause against the making of the provisional order in any proeedings relating to its making, the ourt may make suh order as may be just as to the payment by other parties to the proeedings of the osts inurred by the Attorney General in intervening or showing ause, or the payment by the Attorney General of any osts inurred by any of those parties beause of the Attorney General intervening or showing ause. 38 Proeedings before order has been made final [P2004/33/40] (1) This setion applies if a provisional order has been made, and the Attorney General, or any person who has not been a party to proeedings in whih the order was made, shows ause why the order should not be made final on the ground that material fats have not been brought before the ourt. (2) This setion also applies if () (d) (3) The ourt may () (d) a provisional order has been made; 3 months have elapsed sine the earliest date on whih an appliation ould have been made for the order to be made final; no suh appliation has been made by the ivil partner who applied for the provisional order; and the other ivil partner makes an appliation to the ourt under this subsetion. make the order final; resind the order; require further inquiry; or otherwise deal with the ase as it thinks fit. Page 30 AT 2 of 2011

31 Civil Partnership At 2011 Setion 39 (4) Subsetion (3) applies despite setion 35(2) (period before provisional orders may be made final), but is subjet to setion 46(4) (protetion for respondent in separation ases) and setion 61 (restritions on making of orders affeting hildren). 39 Time bar on appliations for dissolution orders [P2004/33/41] (1) No appliation for a dissolution order may be made to the ourt before the end of the period of one year from the date of the formation of the ivil partnership. (2) Nothing in this setion prevents the making of an appliation based on matters whih ourred before the end of the one year period. 40 Attempts at reoniliation of ivil partners [P2004/33/42; 2003/7/7] (1) This setion applies in relation to ases where an appliation is made for a dissolution or separation order. (2) If at any stage of proeedings for the order it appears to the ourt that there is a reasonable possibility of a reoniliation between the ivil partners, the ourt may adjourn the proeedings for suh period as it thinks fit to enable attempts to be made to effet a reoniliation between them. (3) The power to adjourn under subsetion (2) is additional to any other power of adjournment. 41 Consideration by the ourt of ertain agreements or arrangements [P2004/33/43; 2003/7/8] (1) This setion applies in relation to ases where proeedings for a dissolution or separation order are ontemplated or have begun; and an agreement or arrangement is made or proposed to be made between the ivil partners whih relates to, arises out of, or is onneted with, the proeedings. (2) Rules of ourt may make provision for enabling the ivil partners, or either of them, to refer the agreement or arrangement to the ourt, and the ourt to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and AT 2 of 2011 Page 31