
2005 No. 3334
JUDGMENTS, ENGLAND AND WALES
JUDGMENTS, NORTHERN IRELAND
FAMILY LAW, ENGLAND AND WALES
FAMILY LAW, NORTHERN IRELAND
The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005
Made 1st December 2005
Coming into force 5th December 2005
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 219(1), (3), (4) and (5) of the Civil Partnership Act 2004 . In accordance with section 219(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1 
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.
Extent
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(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.
Application
3 

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 1 Jurisdiction
Jurisdiction: England and Wales
4 
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 madeor
(f) both civil partners are domiciled in England and Wales.
Jurisdiction: Northern Ireland
5 
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 madeor
(f) both civil partners are domiciled in Northern Ireland.
PART 2 Recognition and Refusal of Recognition of Judgments
Definitions for Part 2
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Recognition of a judgment
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Refusal of recognition of a judgment
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Jurisdiction and review
9 
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Differences in applicable law
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Stay of proceedings
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Falconer of Thoroton, C
1st December 2005