Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Table of cases
- Table of statutes
- 1 Introduction to the Act
- 2 What is a civil partnership? Formation by registration in England and Wales: eligibility
- 3 Pre-registration procedure: standard procedure; house-bound and detained partners; certain non-residents and other special cases
- 4 Registration in England and Wales – the standard procedure; the special procedure
- 5 Registration outside the UK by Order in Council
- 6 Overseas relationships treated as civil partnerships
- 7 Financial and property implications of civil partnership
- 8 Children
- 9 Relationship between the Civil Partnership Act and the Gender Recognition Act
- 10 The ending of the partnership: orders for dissolution
- 11 Nullity and other proceedings
- 12 Offences
- 13 Domestic violence and occupation of the home
- 14 Financial consequences on breakdown
- 15 Financial relief in England and Wales after an overseas dissolution
- 16 Miscellaneous
- Appendix Civil Partnership Act 2004 – extracts
- Index
15 - Financial relief in England and Wales after an overseas dissolution
Published online by Cambridge University Press: 07 July 2009
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Table of cases
- Table of statutes
- 1 Introduction to the Act
- 2 What is a civil partnership? Formation by registration in England and Wales: eligibility
- 3 Pre-registration procedure: standard procedure; house-bound and detained partners; certain non-residents and other special cases
- 4 Registration in England and Wales – the standard procedure; the special procedure
- 5 Registration outside the UK by Order in Council
- 6 Overseas relationships treated as civil partnerships
- 7 Financial and property implications of civil partnership
- 8 Children
- 9 Relationship between the Civil Partnership Act and the Gender Recognition Act
- 10 The ending of the partnership: orders for dissolution
- 11 Nullity and other proceedings
- 12 Offences
- 13 Domestic violence and occupation of the home
- 14 Financial consequences on breakdown
- 15 Financial relief in England and Wales after an overseas dissolution
- 16 Miscellaneous
- Appendix Civil Partnership Act 2004 – extracts
- Index
Summary
Introduction
An application may be made here for financial relief where a civil partnership has been dissolved or annulled, or the civil partners have been legally separated, by judicial or other proceedings in an overseas country and the dissolution, annulment or legal separation is entitled to be recognised in England and Wales (Schedule 7, paragraph 1(1)). The provisions of Schedule 7 correspond to a great extent with Part III of the Matrimonial and Family Proceedings Act 1984.
Overseas country
Overseas country is defined by paragraph 1(3) as a country or territory outside the British Islands.
The applicant
Either partner may apply, provided the leave of the court has been obtained to do so (see below) and he or she has not, following the dissolution or annulment of the partnership, formed a subsequent civil partnership or marriage (paragraph 2).
Leave of the court
The permission of the court is required for an application and it will not be granted unless the court considers there is ‘substantial ground’ for the application (paragraph 4(2)). The existence of an order for financial relief made by an overseas court does not prevent leave being granted and paragraph 4(4) enables leave to be given subject to such conditions as the court thinks fit.
- Type
- Chapter
- Information
- The Civil Partnership Act 2004A Practical Guide, pp. 106 - 110Publisher: Cambridge University PressPrint publication year: 2005