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
11 - Nullity and other proceedings
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
This chapter deals with the orders, other than the order for dissolution (see chapter 10) the court can make to bring a civil partnership to an end or to provide for the separation of the parties. The orders that the court can make in civil partnership are very similar to those made by the court on the breakdown of a marriage, and divorce practitioners will readily recognise the language and concepts discussed below.
Nullity
The Act preserves in relation to civil partnerships the distinction which is made in marriage between unions that are void and those which are voidable. A void marriage is said to be ‘one that will be regarded by every court in any case in which the existence of the marriage is in issue as never having taken place and can be so treated by both parties to it without the necessity of any decree annulling it; a voidable marriage is one that will be regarded by every court as a valid subsisting marriage until a decree annulling it has been pronounced by a court of competent jurisdiction’ (per Lord Greene in De Reneville v. De Reneville [1948] 1 All ER 56 at 60, CA).
- Type
- Chapter
- Information
- The Civil Partnership Act 2004A Practical Guide, pp. 64 - 73Publisher: Cambridge University PressPrint publication year: 2005