The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005

• Citation: S.I. 2005/3334
• Sections: 12

Section 1 Citation and commencement

These Regulations may be cited as the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 and shall come into force on 5 December 2005.

Section 2 Extent

(1) Except as provided by this regulation, these Regulations extend to England and Wales and Northern Ireland.

(2) Regulation 4 extends to England and Wales only.

(3) Regulation 5 extends to Northern Ireland only.

Section 3 Application

(1) These Regulations apply to proceedings for the dissolution or annulment of an overseas relationship entitled to be treated as a civil partnership, or the legal separation of the same, as they apply to proceedings for the dissolution or annulment of a civil partnership or the legal separation of civil partners.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Jurisdiction: England and Wales

The courts in England and Wales shall have jurisdiction in relation to proceedings for the dissolution or annulment of a civil partnership or for the legal separation of civil partners where on the date of the application —

(a) both civil partners are habitually resident in England and Wales;

(b) both civil partners were last habitually resident in England and Wales and one of the civil partners continues to reside there;

(c) the respondent is habitually resident in England and Wales;

(ca) in a joint application only, either civil partner is habitually resident in England and Wales;

(d) the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made ...

(e) the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made or

(f) both civil partners are domiciled in England and Wales.

Section 5 Jurisdiction: Northern Ireland

The courts in Northern Ireland shall have jurisdiction in relation to proceedings for the dissolution or annulment of a civil partnership or for the legal separation of civil partners where on the date of the application —

(a) both civil partners are habitually resident in Northern Ireland;

(b) both civil partners were last habitually resident in Northern Ireland and one of the civil partners continues to reside there;

(c) the respondent is habitually resident in Northern Ireland;

(d) the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the application was made ; ...

(e) the applicant is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately before the application was made or

(f) both civil partners are domiciled in Northern Ireland .

Section 6 Definitions for Part 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 Recognition of a judgment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8 Refusal of recognition of a judgment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 9 Jurisdiction and review

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 11 Differences in applicable law

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12 Stay of proceedings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .