Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 24 of 2010 CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010 ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

PART 2

Status of Civil Partnership

Section 4

Section 5

PART 3

Registration of Civil Partnership

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

PART 4

Shared Home Protection

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

PART 5

Maintenance of Civil Partner

Section 43

Section 44

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 52

PART 6

Attachment of Earnings

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

Section 61

Section 62

Section 63

PART 7

Miscellaneous Provisions Relating to Parts 5 and 6

Section 64

Section 65

Section 66

Section 67

PART 8

Succession

Section 68

Section 69

Section 70

Section 71

Section 72

Section 73

Section 74

Section 75

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Section 88

Section 89

PART 9

Domestic Violence

Section 90

Section 91

Section 92

Section 93

Section 94

Section 95

Section 96

PART 10

Miscellaneous Consequences of Civil Partnership Registration

Section 97

Section 98

Section 99

Section 100

Section 101

Section 102

Section 103

Section 104

Section 105

Section 106

PART 11

Nullity of Civil Partnership

Section 107

Section 108

PART 12

Dissolution of Civil Partnership

Section 109

Section 110

Section 111

Section 112

Section 113

Section 114

Section 115

Section 116

Section 117

Section 118

Section 119

Section 120

Section 121

Section 122

Section 123

Section 124

Section 125

Section 126

Section 127

Section 128

Section 129

Section 130

Section 131

Section 132

Section 133

Section 134

Section 135

Section 136

Section 137

Section 138

PART 13

Jurisdiction and Other Related Matters

Section 139

Section 140

Section 141

Section 142

Section 143

Section 144

Section 145

Section 146

Section 147

PART 14

Other Consequential Amendments, Etc.

Section 148

Section 149

Section 150

Section 151

Section 152

Section 153

Section 154

Section 155

Section 156

Section 157

Section 158

Section 159

Section 160

Section 161

Section 162

Section 163

Section 164

Section 165

Section 166

Section 167

Section 168

Section 169

Section 170

PART 15

Cohabitants

Section 171

Section 172

Section 173

Section 174

Section 175

Section 176

Section 177

Section 178

Section 179

Section 180

Section 181

Section 182

Section 183

Section 184

Section 185

Section 186

Section 187

Section 188

Section 189

Section 190

Section 191

Section 192

Section 193

Section 194

Section 195

Section 196

Section 197

Section 198

Section 199

Section 200

Section 201

Section 202

Section 203

Section 204

Section 205

Section 206

Section 207

PART 16

Miscellaneous

Section 208

SCHEDULE Consequential Amendments to Other Acts

PART 1

Conflicts of Interests Provisions

PART 2

Pensions Provisions

PART 3

Property Rights Provisions

PART 4

Redress Provisions

PART 5

Miscellaneous Provisions Acts Referred to Abattoirs Act 1988 1988, No. 8 Agricultural Credit Act 1978 1978, No. 2 Agriculture Act 1931 1931, No. 8 Air Navigation and Transport (Amendment) Act 1998 1998, No. 24 Air Navigation and Transport (International Conventions) Act 2004 2004, No. 11 Aliens Act 1935 1935, No. 14 Aviation Regulation Act 2001 2001, No. 1 Bankruptcy Act 1988 1988, No. 27 Building Societies Act 1989 1989, No. 17 Central Bank Act 1942 1942, No. 22 Central Bank Act 1989 1989, No. 16 Central Bank and Financial Services Authority of Ireland Act 2003 2003, No. 12 Central Bank and Financial Services Authority of Ireland Act 2004 2004, No. 21 Civil Legal Aid Act 1995 1995, No. 32 Civil Liability (Amendment) Act 1996 1996, No. 42 Civil Liability Act 1961 1961, No. 41 Civil Liability and Courts Act 2004 2004, No. 31 Civil Registration Act 2004 2004, No. 3 Commission to Inquire into Child Abuse (Amendment) Act 2005 2005, No. 17 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Company Law Enforcement Act 2001 2001, No. 28 Consumer Credit Act 1995 1995, No. 24 Consumer Protection Act 2007 2007, No. 19 Conveyancing Act 1882 45 & 46 Vict., c. 39 Courts (Supplemental Provisions) (Amendment) Act 1991 1991, No. 23 Courts of Justice and Court Officers (Superannuation) Act 1961 1961, No. 16 Credit Union Act 1997 1997, No. 15 Criminal Assets Bureau Act 1996 1996, No. 31 Criminal Damage Act 1991 1991, No. 31 Criminal Justice Act 1999 1999, No. 10 Defence Act 1954 1954, No. 18 Defence (Amendment) Act 2007 2007, No. 24 Digital Hub Development Agency Act 2003 2003, No. 23 Disability Act 2005 2005, No. 14 Domestic Violence Act 1996 1996, No. 1 Domestic Violence Acts 1996 and 2002 Electoral Act 1992 1992, No. 23 Electricity (Supply) (Amendment) Act 1958 1958, No. 35 Electricity (Supply) (Amendment) Act 1970 1970, No. 5 Employment Equality Act 1998 1998, No. 21 Enforcement of Court Orders Act 1926 1926, No. 18 Enforcement of Court Orders Act 1940 1940, No. 23 Equal Status Act 2000 2000, No. 8 Ethics in Public Office Act 1995 1995, No. 22 Family Law (Divorce) Act 1996 1996, No. 33 Family Law (Maintenance of Spouses and Children) Act 1976 1976, No. 11 Family Law Act 1995 1995, No. 26 Farm Tax Act 1985 1985, No. 17 Food Safety Authority of Ireland Act 1998 1998, No. 29 Garda Síochána (Compensation) Act 1941 1941, No. 19 Garda Síochána Act 2005 2005, No. 20 Gas (Interim) (Regulation) Act 2002 2002, No. 10 Grangegorman Development Agency Act 2005 2005, No. 21 Great Southern Railways Company (Superannuation Scheme) Act 1947 1947, No. 21 Harbours Act 1946 1946, No. 9 Harbours Acts 1946 to 2005

Health (Amendment) Act 2005 2005, No. 3 Health (Miscellaneous Provisions) Act 2001 2001, No. 14 Health (Nursing Homes) (Amendment) Act 2007 2007, No. 1 Health (Nursing Homes) Act 1990 1990, No. 23 Health Act 1970 1970, No. 1 Health Act 2004 2004, No. 42 Housing Act 1988 1988, No. 28 Housing (Miscellaneous Provisions) Act 1979 1979, No. 27 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Housing (Private Rented Dwellings) (Amendment) Act 1983 1983, No. 22 Housing (Private Rented Dwellings) Act 1982 1982, No. 6 Industrial Development (Science Foundation Ireland) Act 2003 2003, No. 30 Insurance Act 1989 1989, No. 3 Insurance Act 2000 2000, No. 42 Investor Compensation Act 1998 1998, No. 37 Irish Horse Racing Industry Act 1994 1994, No. 18 Judgements (Ireland) Act 1844 1844, c. 90 Land Act 1931 1931, No. 11 Land Act 1933 1933, No. 38 Land Act 1936 1936, No. 41 Land Act 1965 1965, No. 2 Local Authorities (Higher Education Grants) Act 1968 1968, No. 24 Local Authorities (Higher Education Grants) Act 1992 1992, No. 19 Local Government (Superannuation) Act 1980 1980, No. 8 Local Government Act 1941 1941, No. 23 Local Government Act 2001 2001, No. 37 Mental Health Act 2001 2001, No. 25 Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 2001, No. 33 Ministerial and Parliamentary Offices Act 1938 1938, No. 38 National Development Finance Agency Act 2002 2002, No. 29 National Minimum Wage Act 2000 2000, No. 5 National Sports Campus Development Authority Act 2006 2006, No. 19 Non-Fatal Offences Against the Person Act 1997 1997, No. 26 Occasional Trading Act 1979 1979, No. 35 Oireachtas (Allowances to Members) Act 1938 1938, No. 34 Oireachtas (Allowances to Members)(Amendment) Act 1968 1968, No. 8 Organisation of Working Time Act 1997 1997, No. 20 Partition Act 1868 1868, c. 40 Partition Act 1876 1876, c. 17 Pensions (Amendment) Act 1996 1996, No. 18 Pensions (Amendment) Act 2002 2002, No. 18 Pensions Act 1990 1990, No. 25 Pharmacy Act 2007 2007, No. 20 Pilotage Order Confirmation Act 1927 1927, No. 1(P) Planning and Development Act 2000 2000, No. 30 Powers of Attorney Act 1996 1996, No. 12 Presidential Establishment Act 1938 1938, No. 24 Presidential Establishment (Amendment) Act 1991 1991, No. 10 Private Security Services Act 2004 2004, No. 12 Prosecution of Offences Act 1974 1974, No. 22 Railway Safety Act 2005 2005, No. 31 Refugee Act 1996 1996, No. 17 Registration of Deeds and Title Act 2006 2006, No. 12 Registration of Title Act 1964 1964, No. 16 Residential Institutions Redress Act 2002 2002, No. 13 Residential Tenancies Act 2004

2004, No. 27 Sea-Fisheries and Maritime Jurisdiction Act 2006 2006, No. 8 Social Welfare (Miscellaneous Provisions) Act 2004 2004, No. 9 Social Welfare Acts Social Welfare and Pensions Act 2007 2007, No. 8 Social Welfare and Pensions Act 2008 2008, No. 2 Solicitors (Amendment) Act 1994 1994, No. 27 Statistics Act 1993 1993, No. 21 Statute of Limitations 1957 1957, No. 6 Succession Act 1965 1965, No. 27 Sustainable Energy Act 2002 2002, No. 2 Taxes Consolidation Act 1997 1997, No. 39 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Trustee Savings Banks Act 1989 1989, No. 21 Unfair Dismissals Act 1977 1977, No. 10 Valuation Act 2001 2001, No. 13 Vocational Education Act 1930 1930, No. 29 Number 24 of 2010 CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010 AN ACT TO PROVIDE FOR THE REGISTRATION OF CIVIL PARTNERS AND FOR THE CONSEQUENCES OF THAT REGISTRATION, TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COHABITANTS AND TO PROVIDE FOR CONNECTED MATTERS. [19th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General Short title, commencement and collective citation.

1.— (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Part 3

, shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3)

Part 3

shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision.

Interpretation.

2.— In this Act— “ civil partnership registration ” means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004 ; “Land Registry” has the meaning assigned to it by the Registration of Title Act 1964 ; “Minister” means the Minister for Justice and Law Reform; “Property Registration Authority” has the meaning assigned to it by the Registration of Deeds and Title Act 2006 ; “Registry of Deeds” has the meaning assigned to it by the Registration of Deeds and Title Act 2006 .

Civil partners.

3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are— (a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or (b) parties to a legal relationship of a class that is the subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity.

PART 2

Status of Civil Partnership Declarations of civil partnership status.

4.— (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership: (a) an order declaring that the civil partnership was at its inception a valid civil partnership; (b) an order declaring that the civil partnership subsisted on a date specified in the application; and (c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception.

Recognition of registered foreign relationships.

5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into— (a) the relationship is exclusive in nature, (b) the relationship is permanent unless the parties dissolve it through the courts, (c) the relationship has been registered under the law of that jurisdiction, and (d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership.

PART 3

Registration of Civil Partnership Definition, Part 3.

6.— In this Part, “Act of 2004” means the Civil Registration Act 2004 .

Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended— (a) by inserting the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ‘civil partner’ has the meaning assigned to it by the Act of 2010; ‘civil partnership registration’ means registration under section 59D; ‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved; ‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”, (b) by substituting the following definition for the definition “ decree of divorce”: “ ‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996 ;”, (c) by substituting the following definition for the definition “ decree of nullity”: “ ‘decree of nullity’— (a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996 , and (b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”, (d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”, (e) in the definition of “registrar” — (i) by inserting the following paragraph after paragraph (a): “(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”, (ii) in paragraph (d), by substituting “,” for “, and”, and (iii) by substituting the following paragraphs for paragraph (e): “(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service, (f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and (g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

Amendment of section 8 of Act of 2004.

8.— Section 8(1) of the Act of 2004 is amended— (a) in paragraph (b), by inserting “of marriage” after “nullity”, (b) by inserting the following paragraphs after paragraph (b): “(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State, (bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,”, (c) in paragraph (e), by inserting “of marriage” after “nullity”, and (d) by inserting the following paragraphs after paragraph (e): “(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships, (eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,”.

Amendment of section 13 of Act of 2004.

9.— Section 13(1) of the Act of 2004 is amended— (a) in paragraph (f), by substituting “decrees of divorce),” for “decrees of divorce), and”, and (b) by substituting the following paragraphs for paragraph (g): “(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage), (h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships), (i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and (j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).”.

Amendment of section 17 of Act of 2004.

10.— Section 17 of the Act of 2004 is amended— (a) in paragraph (1)(b), by substituting “deaths, marriages and civil partnerships” for “deaths and marriages”, and (b) in subsection (13), by substituting “, marriages and civil partnerships” for “and marriages”.

Amendment of section 22 of Act of 2004.

11.— Section 22(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

Amendment of section 23 of Act of 2004.

12.— Section 23(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

Amendment of section 37 of Act of 2004.

13.— Section 37 of the Act of 2004 is amended by inserting “or civil partner” after “relative” wherever it occurs.

Amendment of section 46 of Act of 2004.

14.— Section 46(7) of the Act of 2004 is amended by substituting “civil status” for “marital status”.

Amendment of section 59 of Act of 2004.

15.— Section 59(2) of the Act of 2004 is amended by inserting “of marriage” after “nullity” wherever it appears.

Insertion of new Part 7A of Act of 2004.

16.— The Act of 2004 is amended by inserting the following Part after section 59: “PART 7A Registration of Civil Partnerships Definitions (Part 7A).

59A.— In this Part— ‘ civil partnership registration form ’ means a form prescribed under section 59C; ‘ register ’ means the register of civil partnerships.

Notification of civil partnerships.

59B.— (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned— (a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and (b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership.

Civil partnership registration form.

59C.— (1) A registrar to whom a notification is given under section 59B, or who receives a copy of an exemption order under subsection (2) of that section, who is satisfied that that section has been complied with shall complete a civil partnership registration form for the intended civil partnership.

Civil partnership registration.

59D.— (1) The parties shall orally make the declarations referred to in subsection (3), and sign the civil partnership registration form in the presence of each other, the registrar and two witnesses professing to be 18 years or over. The declarations shall be made and the signature of the civil partnership registration form shall be in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar— (a) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the parties is too ill to attend at a place that is open to the public, and (b) gives approval to the registrar that signature of the form take place at another place chosen by the parties and agreed to by the registrar.

Places and times for registration of civil partnerships.

59E.— (1) A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar or a place referred to in section 59D(1)(b), the approval of the place by the Executive, and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify.

Objections.

59F.— (1) A person may, at any time before a civil partnership registration, lodge with any registrar an objection in writing that contains the grounds on which the objection is based.

Where interpretation required.

59G.— If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall— (a) before the parties make the declarations, sign, in the presence of the registrar, a statement to the effect that the interpreter understands and is able to converse in the language in respect of which he or she is to act as interpreter and give the statement to the registrar, and (b) immediately after those declarations are made, give the registrar a signed certificate written in the language of the registration, to the effect that the interpreter has faithfully acted as interpreter.

Effect of registration.

59H.— The parties to a registered civil partnership shall be taken to be civil partners of each other as soon as the registrar has countersigned the civil partnership form as required by section 59D(6)(a), regardless of whether the registrar has performed the actions required of him or her under section 59D(6)(c), and all duties and benefits that accrue to civil partners under the Act of 2010 or any other law accrue to them.

Effect of this Part.

59I.— This Part shall have effect notwithstanding any statutory provision that conflicts with it.”.

Insertion of new Part 7B of Act of 2004.

17.— The Act of 2004 is amended by inserting the following Part before section 60: “PART 7B Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership Registration of decrees of dissolution and decrees of nullity of civil partnership.

59J.— (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.

Amendment of section 60 of Act of 2004.

18.— Section 60(1) of the Act of 2004 is amended— (a) in paragraph (a), by substituting “death, marriage or civil partnership” for “death or marriage”, and (b) by inserting “, the parties to the civil partnership” before “or the person”.

Amendment of section 64 of Act of 2004.

19.— Section 64 of the Act of 2004 is amended by inserting the following subsections after subsection (7): “(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)— (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and (b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.

Amendment of section 65 of Act of 2004.

20.— Section 65(1)(a) of the Act of 2004 is amended by substituting “death, marriage or civil partnership”, for “death or marriage”.

Amendment of section 66 of Act of 2004.

21.— Section 66(1) of the Act of 2004 is amended by substituting “marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership” for “marriages, decrees of divorce, or decrees of nullity”.

Amendment of section 69 of Act of 2004.

22.— Section 69 of the Act of 2004 is amended— (a) in subsection (4), by inserting “, civil partnership” after “marriage”, (b) by inserting the following subsection after subsection (9): “(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.”, (c) in subsection (10)— (i) by inserting the following paragraph after paragraph (f): “(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section),”, (ii) by inserting in paragraph (h) “or 59F” after “58”, (iii) by inserting in paragraph (i) “, or 59B(1)(b)” after “46(1)(b)”, (iv) by substituting in paragraph (i), “false or misleading,” for “false or misleading, or”, (v) by substituting in paragraph (j) “form, or” for “form,”, and (vi) by inserting the following paragraph after paragraph (j): “(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,”.

Amendment of section 70 of Act of 2004.

23.— Section 70(2) of the Act of 2004 is amended by substituting “(9), (9A),” for “(9),”.

Amendment of section 73 of Act of 2004.

24.— Section 73 of the Act of 2004 is amended— (a) in subsection (1)— (i) by inserting the following paragraph after paragraph (d): “(dd) civil partnerships,”; (ii) by inserting “of marriage” after “nullity” in paragraph (f); (iii) by inserting the following paragraphs after paragraph (f): “(ff) decrees of dissolution, (fff) decrees of nullity of civil partnership,”, (b) in paragraph (3)(a), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity” wherever it appears, and (c) in subsection (7), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity”.

Amendment of First Schedule to Act of 2004.

25.— The First Schedule to the Act of 2004 is amended— (a) by substituting “civil status” for “marital status” wherever it appears, (b) in Part 5, by substituting “If deceased was married or a civil partner, the profession or occupation of spouse or civil partner.” for “If deceased was married, the profession or occupation of spouse.”, (c) by inserting the following Part after Part 6: “PART 6A Section 59J .

Particulars to be Entered in Register of Dissolutions Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Date of the decree.

Date of registration of the decree.

Forenames and surname of officer of Courts Service.”, (d) by inserting “of Marriage” at the end of the title to Part 7, and (e) by inserting the following Part after Part 7: “PART 7A Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership Section 59J .

Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Declaration of court.

Date of the decree.

Date of registration.

Forenames and surname of officer of Courts Service.”.

New Third Schedule to Act of 2004.

26.— The Act of 2004 is amended by inserting the following Schedule after the Second Schedule: “THIRD SCHEDULE Prohibited Degrees of Relationship

Section 2

.

A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption.

A man may not enter a civil partnership with his:

A woman may not enter a civil partnership with her:

Grandfather Grandmother Grandparent’s brother Grandparent’s sister Father Mother Father’s brother Mother’s sister Mother’s brother Father’s sister Brother Sister Nephew Niece Son Daughter Grandson Granddaughter Grandnephew Grandniece ”.

PART 4

Shared Home Protection Interpretation.

27.— In this Part— “ conduct ” includes an act and a default or other omission; “conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances; “dwelling” means a building or part of a building occupied as a separate dwelling and includes— (a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, (b) a structure that is not permanently attached to the ground, and (c) a vehicle or vessel, whether mobile or not, occupied as a separate dwelling; “interest” means any estate, right, title or other interest, legal or equitable; “mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage; “rent” includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home; “shared home” means— (a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and (b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving.

Alienation of interest in shared home.

28.— (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3), and (8) to (14) and section 29 , the purported conveyance is void.

Consent of civil partner.

29.— (1) Where the civil partner whose consent is required under section 28 omits or refuses to consent, the court may, subject to this section, dispense with the consent.

Conduct leading to loss of shared home.

30.— (1) Where it appears to the court, on the application of a civil partner, that the other civil partner is engaging in conduct that might lead to the loss of any interest in the shared home or might render it unsuitable for habitation as a shared home, with the intention of depriving the applicant of his or her residence in the shared home, the court may make any order that it considers proper, directed to the other civil partner or to any other person, for the protection of the shared home in the interest of the applicant.

Payment of outgoings on shared home.

31.— (1) Any payment or tender made or any other thing done by one civil partner in or towards satisfaction of any liability of the other civil partner in respect of rent, mortgage payments or other outgoings affecting the shared home shall be as good as if made or done by the other civil partner, and shall be treated by the person to whom the payment is made or the thing is done as though it were made or done by the other civil partner.

Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.

32.— (1) The court may adjourn proceedings in an action brought by a mortgagee or lessor in relation to non-payment against a civil partner and claiming possession or sale of the shared home if it appears to the court that— (a) the other civil partner is capable of paying to the mortgagee or lessor the arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease) of money due under the mortgage or lease within a reasonable time, and future periodical payments falling due under the mortgage or lease, and that the other civil partner desires to pay the arrears and periodical payments, and (b) it would be just and equitable to do so, in all the circumstances and having regard to the interests of the mortgagee or lessor, the respective interests of the civil partners and the terms of the mortgage or lease.

Modification of terms of mortgage or lease as to payment of capital sum.

33.— The court may by order declare, on application by a civil partner, that a term of a mortgage or lease by virtue of which a sum is due, other than periodical payments due under the mortgage or lease, is of no effect for the purpose of proceedings under section 32 , if, after the proceedings have been adjourned under that section it appears to the court that— (a) all arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease or money due under the mortgage or lease) and periodical payments due as of the date of the order have been paid off, and (b) the periodical payments subsequently falling due will continue to be paid.

Restriction on disposal of household chattels.

34.— (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would make it difficult for the applicant to reside in the shared home without undue hardship if the household chattels were disposed of or removed.

Joinder of parties.

35.— In any proceedings under or referred to in this Part, each of the civil partners as well as any third person who has or may have an interest in the proceedings may be joined— (a) by service of a third-party notice by an existing party to the proceedings, or (b) by direction of the court.

Registration of notice of existence of civil partnership.

36.— (1) A civil partner may lodge with the Property Registration Authority a notice stating that he or she is the civil partner of a person having an interest in property or land.

Restriction of section 59(2) of Registration of Title Act 1964.

37.—

Section 59

Creation of joint tenancy in shared home exempt from fees.

38.— No land registration fee, Registry of Deeds fee or court fee shall be payable on any transaction creating a joint tenancy between civil partners in respect of a shared home where the home was immediately prior to such transaction owned by either civil partner or by both civil partners otherwise than as joint tenants.

Offences.

39.— (1) A person commits an offence if he or she— (a) has an interest in premises, (b) is required in writing by or on behalf of a person proposing to acquire the interest to give information necessary to establish if the conveyance of that interest requires a consent under section 28

Protection of certain tenancies.

40.— The Residential Tenancies Act 2004 is amended— (a) in section 3(2)(h) and section 35(4) by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears, and (b) in section 39(3)(a)(i), by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

Protection of certain tenancies.

41.— (1) In this section, “ Act of 1982 ” means the Housing (Private Rented Dwellings) Act 1982 .

Amendment of Civil Legal Aid Act 1995.

42.—

Section 28

Part 4

of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or proceedings arising out of a dispute between civil partners within the meaning of that Act as to the title to or possession of any property;” for “or proceedings arising out of a dispute between spouses as to the title to or possession of any property;”.

PART 5

Maintenance of Civil Partner Interpretation.

43.— (1) In this Part— “antecedent order” means— (a) a maintenance order, (b) a variation order, (c) an interim order, (d) an order under section 48 insofar as it is deemed under that section to be a maintenance order, or (e) an order for maintenance pending suit under section 116 or a periodical payments order or secured periodical payments order under

Part 12

; “attachment of earnings order” means an order under section 53 ; “desertion” includes conduct on the part of one civil partner that results in the other civil partner, with just cause, leaving and living separately and apart from the first civil partner; “earnings” means any sums payable to a person— (a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and (b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment); “interim order” means an order under section 47 ; “maintenance creditor”, in relation to an order under this Part, or to proceedings arising out of the order, means the civil partner who applied for the order; “maintenance debtor” means a person who is required by an order referred to in any of paragraphs (a) to (e) of the definition “antecedent order” to make payments; “ maintenance order ” means an order under section 45 ; “normal deduction rate” and “protected earnings rate” have the meanings respectively assigned to them in section 53 ; “variation order” means an order under section 46 varying a maintenance order.

Commencement of periodical payments.

44.— A periodical payment under an order under this Part shall commence on the date that is specified in the order, which may be before or after the date on which the order is made but not earlier than the date of the application for the order.

Maintenance order.

45.— (1) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.

Discharge, variation and termination of maintenance order.

46.— (1) The court may discharge a maintenance order at any time after one year from the time it is made, on the application of the maintenance debtor, where it appears to the court that, having regard to the maintenance debtor’s record of payments pursuant to the order and to the other circumstances of the case, the maintenance creditor will not be prejudiced by the discharge.

Interim order.

47.— On an application to the court for a maintenance order, the court, before deciding whether to make or refuse to make the order, may make an order for the payment to the applicant by the maintenance debtor, for a definite period specified in the order or until the application is adjudicated upon by the court, of a periodical sum that, in the opinion of the court, is proper, if it appears to the court proper to do so having regard to the needs of the applicant and the other circumstances of the case.

Orders in respect of certain agreements between civil partners.

48.— (1) On application by one or both of the civil partners, the court may make an order under this section if it is satisfied that to do so would adequately protect the interests of the civil partners.

Part 6

and section 140 .

Preservation of pension entitlements.

49.— (1) On application to it by either of the civil partners in an application under section 48 , the court may make an order directing the trustees of a pension scheme of which either or both of the civil partners are members not to regard the separation of the civil partners as a ground for disqualifying either of them for the receipt of a benefit under the scheme that would normally require that the civil partners be residing together at the time when the benefit becomes payable.

Transmission of payments through District Court clerk.

50.— (1) Where the court makes a maintenance order, a variation order or an interim order, the court shall— (a) direct that payments under the order be made to the District Court clerk, unless the maintenance creditor requests the court not to do so and the court considers that it would be proper not to do so, and (b) in a case in which the court has not given a direction under paragraph (a), direct, at any time after making the order and on the application of the maintenance creditor, that the payments be made to the District Court clerk.

Lump sum maintenance orders.

51.— (1) The court may, on making a maintenance order under section 45 , order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order.

Secured orders.

52.— The court may, on making a maintenance order under section 45 or at any time after making such an order, on application to it by any person having an interest in the proceedings, order the maintenance debtor concerned to secure it to the maintenance creditor concerned.

PART 6

Attachment of Earnings Attachment of earnings order.

53.— (1) For the purposes of this Part— “attachment of earnings order” means an order directing that an employer deduct from the maintenance debtor’s earnings, at the times specified in the order, periodical deductions of the appropriate amounts specified in the order, having regard to the normal deduction rate and the protected earnings rate; “court” means— (a) the High Court, in respect of an application under this Part made by a person on whose application the High Court has made an antecedent order, (b) the relevant Circuit Court, in respect of an application under this Part made by a person on whose application that court has made an antecedent order, and (c) the District Court, in respect of an application under this Part made by— (i) a person on whose application the District Court has made an antecedent order, or (ii) a District Court clerk to whom payments are required to be made under an antecedent order; “employer” includes a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits; “ normal deduction rate ” means the rate at which the court considers it reasonable that the earnings to which the attachment of earnings order relates should be applied in satisfying the antecedent order, not exceeding the rate that appears to the court to be necessary for— (a) securing payment of the sums falling due from time to time under the antecedent order, and (b) securing payment within a reasonable period of any sums already due and unpaid under the antecedent order and any costs incurred in proceedings relating to the antecedent order payable by the maintenance debtor; “ protected earnings rate ” means the rate below which, having regard to the needs of the maintenance debtor, the court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order.

Compliance with attachment of earnings order.

54.— (1) The court registrar or court clerk specified in the attachment of earnings order shall cause the order to be served on the person to whom it is directed and on any person who subsequently becomes the maintenance debtor’s employer and of whom the registrar or clerk becomes aware.

Application of sums received by District Court clerk.

55.— Payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by the clerk to the maintenance creditor, be deemed to be payments made by the maintenance debtor so as to discharge— (a) firstly, any sums payable under the antecedent order, and (b) secondly, any costs in proceedings relating to the antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.

Statement as to earnings.

56.— (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order— (a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying— (i) the name and address of every employer of the maintenance debtor, (ii) particulars as to the maintenance debtor’s earnings and expected earnings, and resources and needs, and (iii) particulars for enabling the employers to identify the maintenance debtor, (b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the maintenance debtor’s earnings and expected earnings.

Notification of changes of employment and earnings.

57.— Where an attachment of earnings order is in force— (a) the maintenance debtor shall notify in writing the court that made the order of every occasion on which he or she leaves employment, or becomes employed or re-employed, not later than 10 days after doing so, (b) the maintenance debtor shall, on any occasion on which he or she becomes employed or re-employed, include in the notification particulars of his or her earnings and expected earnings, and (c) any person who becomes an employer of the maintenance debtor and who knows that the order is in force and by which court it was made shall, within 10 days of the later of the date of becoming an employer of the maintenance debtor and the date of acquiring the knowledge, notify the court in writing that he or she has become such an employer, and include in the notification a statement of the debtor’s earnings and expected earnings.

Power to determine whether particular payments are earnings.

58.— (1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor’s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.

Persons in service of State, local authority, etc.

59.— (1) This section applies when a maintenance debtor is in the service of the State, a local authority within the meaning of the Local Government Act 1941 , a harbour authority within the meaning of the Harbours Acts 1946 to 2005, the Health Service Executive, a vocational education committee established by the Vocational Education Act 1930 , a committee of agriculture established by the Agriculture Act 1931 , or another body if his or her earnings are paid directly out of moneys paid by the Oireachtas or from the Central Fund, or is a member of either House of the Oireachtas.

Discharge, variation and lapse of attachment of earnings order.

60.— (1) The court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.

Cesser of attachment of earnings order.

61.— (1) An attachment of earnings order ceases to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.

Other remedies.

62.— (1) Where an attachment of earnings order has been made, any proceedings commenced under section 8

Enforcement.

63.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the District Court clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by— (a) a person failing, without reasonable excuse, to comply with section 54

PART 7

Miscellaneous Provisions Relating to Parts 5 and 6 Payments without deduction of income tax.

64.— A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 48 (insofar as it is deemed to be a maintenance order) or an attachment of earnings order shall be made without deduction of income tax.

Amendment of the Enforcement of Court Orders Act 1940 .

65.— The references in sections 8

Property in household allowance.

66.— An allowance made by one civil partner to the other for the purpose of meeting household expenses, and any property or interest in property that was acquired out of the allowance, belong to the civil partners as joint owners, in the absence of any express or implied agreement between them to the contrary.

Voidance of certain provisions of agreements.

67.— An agreement between civil partners is void to the extent to which it would have the effect of excluding or limiting the operation of any provision in

Part 5

or

Part 6

.

PART 8

Succession Interpretation.

68.— In this Part, “ Act of 1965 ” means the Succession Act 1965 .

Amendment of section 3 of Act of 1965.

69.— Section 3(1) of the Act of 1965 is amended— (a) by inserting the following definition: “ ‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”, and (b) by substituting the following for the definition of “legal right”: “ ‘legal right’ means— (a) the right of a spouse under section 111 to a share in the estate of a deceased person, and (b) the right of a civil partner under section 111A to a share in the estate of a deceased person;”.

Amendment of section 56 of Act of 1965.

70.— Section 56 of the Act of 1965 is amended— (a) by inserting “or civil partner” after “spouse” wherever it appears, and (b) in subsections (9), (10) and (12) by replacing “the spouse’s” with “his or her” wherever it appears.

Amendment of section 58 of Act of 1965.

71.— Section 58(6) of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

Amendment of section 67 of Act of 1965.

72.— Section 67 of the Act of 1965 is amended— (a) in subsection (2)(b), by substituting “section 67B(2)” for “subsection (4)”, and (b) by repealing subsections (3) and (4).

Insertion of new sections in Act of 1965.

73.— The Act of 1965 is amended by inserting the following after section 67: “Shares of surviving civil partner and issue.

67A.— (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.

Share of issue where no surviving spouse or surviving civil partner.

67B.— (1) If an intestate dies leaving issue and no spouse or civil partner, the estate shall be distributed among the issue in accordance with subsection (2).

Amendment of section 68 of Act of 1965.

74.— Section 68 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

Amendment of section 69 of Act of 1965.

75.— Section 69 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse” wherever it appears.

Amendment of section 70 of Act of 1965.

76.— Section 70 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

Amendment of section 82 of Act of 1965.

77.— Section 82(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 83 of Act of 1965.

78.— Section 83 of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

Amendment of section 85 of Act of 1965.

79.— Section 85(1) of the Act of 1965 is amended by inserting “or entry into a civil partnership” after “marriage” wherever it appears.

Amendment of section 109 of Act of 1965.

80.— Section 109(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Insertion of section 111A in Act of 1965.

81.— The Act of 1965 is amended by inserting the following section after section 111: “Right of surviving civil partner.

111A.— (1) If the testator leaves a civil partner and no children, the civil partner shall have a right to one-half of the estate.

Amendment of section 112 of Act of 1965.

82.— Section 112 of the Act of 1965 is amended by inserting “or the right of a civil partner under section 111A” after “section 111”.

Insertion of section 113A in Act of 1965.

83.— The Act of 1965 is amended by inserting the following section after section 113: “Renunciation of legal right.

113A.— The legal right of a civil partner may be renounced in an ante-civil-partnership-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration and during the lifetime of the testator.”.

Amendment of section 114 of Act of 1965.

84.— Section 114 of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 115 of Act of 1965.

85.— Section 115 of the Act of 1965 is amended— (a) by inserting “or civil partner” after “spouse” wherever it appears, and (b) in subsection (5), by inserting “or civil partner’s” after “spouse’s”.

Amendment of section 117 of Act of 1965.

86.— Section 117 of the Act of 1965 is amended by inserting the following subsection after subsection (3): “(3A) An order under this section shall not affect the legal right of a surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

Amendment of section 120 of Act of 1965.

87.— Section 120 of the Act of 1965 is amended— (a) by inserting the following subsection after subsection (2): “(2A) A deceased’s civil partner who has deserted the deceased is precluded from taking any share in the deceased’s estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.”, (b) by inserting the following subsection after subsection (3): “(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).”, (c) in subsection (4), by inserting “or civil partner” after “spouse”.

Amendment of section 121 of Act of 1965.

88.— Section 121 of the Act of 1965 is amended in subsections (2), (5) and (7) by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 45 of Statute of Limitations 1957.

89.— Section 45(1) of the Statute of Limitations 1957, as inserted by the Succession Act 1965 , is amended by inserting “or section 111A” after “section 111”.

PART 9

Domestic Violence Interpretation.

90.— In this Part, “ Act of 1996 ” means the Domestic Violence Act 1996 .

Amendment of section 1 of Act of 1996.

91.— Section 1(1) of the Act of 1996 is amended by inserting the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ‘civil partner’ has the meaning assigned to it by the Act of 2010 and includes a person who was a civil partner in a partnership that has been dissolved under that Act;”.

Amendment of definition of “the applicant” in section 2 of Act of 1996.

92.— The definition “the applicant” in section 2(1)(a) of the Act of 1996 is amended by inserting the following subparagraph after subparagraph (i): “(ia) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

Amendment of section 3 of Act of 1996.

93.— Section 3(1) of the Act of 1996 is amended by inserting the following paragraph after paragraph (a): “(aa) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

Insertion of section 8A of Act of 1996.

94.— The Act of 1996 is amended by inserting the following section after section 8: “Application of orders restricting disposal or removal of household chattels.

8A.— (1)

Section 34

Amendment of section 9 of Act of 1996.

95.— Section 9(2) of the Act of 1996 is amended by inserting the following paragraph after paragraph (c): “(cc) an order under section 30 , 34 or 45 of the Act of 2010;”.

Amendment of section 13 of Act of 1996.

96.— Section 13(2) of the Act of 1996 is amended by inserting “or any annulment or dissolution proceedings under the Act of 2010,” after “matrimonial cause or matter”.

PART 10

Miscellaneous Consequences of Civil Partnership Registration Ethics and conflict of interests.

97.— (1) For the purposes of determining matters concerning ethics and conflicts of interests under any rule of law or enactment— (a) with respect to a person, a reference to a “connected per son” or a “connected relative” of that person shall be construed as including the person’s civil partner and the child of the person’s civil partner who is ordinarily resident with the person and the civil partner, and (b) a declaration that must be made in relation to a spouse of a person shall also be made in relation to a civil partner of a person.

Part 1

of the Schedule are amended as indicated in that Schedule .

Amendment of Mental Health Act 2001.

98.— (1) In this section, “Act of 2001” means the Mental Health Act 2001 .

Pensions.

99.— (1) A benefit under a pension scheme that is provided for the spouse of a person is deemed to provide equally for the civil partner of a person.

Part 2

of the Schedule are amended as indicated in that Schedule .

Amendment of the Pensions Act 1990 .

100.— The Pensions Act 1990 is amended— (a) in section 65(1) (substituted by section 22

Amendment of Criminal Damage Act 1991.

101.—

Section 1

of the Criminal Damage Act 1991 (as amended by the Family Law (Divorce) Act 1996 ) is amended by inserting the following subsection after subsection (3): “(3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2, 3(a) or 4(a) if— (a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and (b) the person charged— (i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and (ii) is the subject of a protection order or barring order or is excluded from the home pursuant to an order under the Domestic Violence Act 1996 as amended by

Part 9

of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or another order of a court.”.

Amendment of Employment Equality Act 1998.

102.— (1) In this section, “Act of 1998” means the Employment Equality Act 1998 .

Amendment of Equal Status Act 2000.

103.— (1) In this section, “ Act of 2000 ” means the Equal Status Act 2000 .

Amendment of Powers of Attorney Act 1996.

104.— (1) In this section, “Act of 1996” means the Powers of Attorney Act 1996 .