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Vol 21 No 11 Nov/Dec 2016

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Blackstone's Guide to The Civil Partnerships Act 2004


ISBN13: 9780199285709
ISBN: 0199285705
Published: May 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



The Civil Partnerships Act 2004 is a ground-breaking piece of legislation which allows for the first time, adult same-sex couples to create a legal status similar to marriage, a 'Civil Partnership'. The Act received Royal Assent in November 2004 and is expected to come into force in late 2005/early 2006.

The purpose of the Act is to remedy the discrimination present in existing legislation, against gay and lesbian couples. It provides civil partners with the same rights and obligations as spouses and provides same sex couples who do not register as civil partners, with the same rights and obligations as unmarried opposite sex couples. It also amends a variety of existing statutes (including the Family Law Act 1996, the Children Act 1989 and the Inheritance Act 1975) and regulates: the registering and annulment of civil partnerships; the financial arrangements between civil partners; and property issues

Subjects:
Family Law, Blackstones Legislation Guides
Contents:
1. Introduction
Article 14, European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
An overview of the Civil Partnership Act 2004
2. The Creation of a Civil Partnership
Eligibility
Registration of a civil partnership
The standard procedure
The procedure for house-bound, detained and non-resident persons
The special procedure
Registration by former spouses, one of whom has changed sex
Civil partnership agreements
Practical guide
3. The Termination of a Civil Partnership
Introduction
Dissolution orders
Nullity orders
Separation orders
Presumption of death orders
Applications for final dissolution and nullity orders by respondents
Dissolution, nullity and separation orders affecting children of the family
Declarations in relation to a civil partnership
Intervention of the Queen's Proctor and third parties
Practical guide
4. Civil Partnerships Formed or Dissolved Abroad
Registration outside the UK under an Order in Council
Recognition of foreign cicil partnerships
Jurisdiction to make nullity orders in relation to civil partnerships formed abroad
Recognition of overseas dissolution etc
5. Financial Relief in the High Court and County Court
Bar on applications for financial relief
Financial provision orders
Property adjustment orders
Sale of property orders
Pension sharing and pension attachment orders
Maintenance pending outcome orders
Matters to which the court must have regard
Failure to maintain
Variation and discharge of financial relief orders
Consent orders and maintenance agreements
Arrears and repayments
Freezing and avoidance of disposition orders
Improvements to property and property disputes
6. Financial Relief in the Magistrates' Court
Orders in failure to maintain/behaviour/desertion cases: Part 1 orders
Orders for agreed financial provision: Part 2 orders
Orders where the civil partners are living separately: Part 3 orders
Interim orders
Variation of orders
Enforcement, arrears and repayments
Variation of maintenance agreements
Failure to maintain: magistrates' court and High Court/county court compared
7. Financial Relief Following an Overseas Dissolution, Annulment or Separation
Bar to applications for financial relief
Jurisdiction of the courts in England and Wales to make orders for financial relief
Financial orders which the court may make
Matters to which the court must have regard
Orders restraining and setting aside dispositions
8. Wills, Administration of Estates and Family Provision
Revocation of wills upon formation of a civil partnership
Effect of dissolution and annulment orders upon wills
Intestacy
Applications for family provision
Life assurance policies
Fatal accident claims
9. Housing and Tenancies
Succession to tenancies
Transfer of tenancies
10. Children of Civil Partners
Parental responsibility
Guardianship
Residence and contact orders
Financial provision for children
Adoption
11. Civil Partnership Homes and Domestic Violence
Rights to occupy the civil partnership home
Occupation orders
Non-molestation orders
Ex parte orders, powers of arrest and undertakings
12. Child Support, Social Security and Taxation
Child support
Social security benefits
Taxation
13. Pensions
State retirement pension
Occupational and personal pension schemes
14. Jurisdiction
Jurisdiction of the courts in relation to dissolution, separation, nullity, presumption of death and declarations as to validity
Allocation to the High Court and county court
APPENDICES
Appendix 1: Civil Partnership Act 2004
Appendix 2: Useful Web References

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