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Civil Partnership Act 2004
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Civil Partnership Act 2004, Section 236 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
236Refusal of recognitionU.K.
This section has no associated Explanatory Notes
(1)Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—
(a)previously given by a court of civil jurisdiction in that part of the United Kingdom, or
(b)previously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.
(2)Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership.
(3)Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if—
(a)in the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained—
(i)without such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or
(ii)without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, or
(b)in the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings—
(i)there is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, or
(ii)where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, or
(c)in either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy.
(4)In this section—
“official”, in relation to a document certifying that a dissolution, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law;
“the relevant date” has the same meaning as in section 235.
Modifications etc. (not altering text)
C1S. 236 applied (with modifications) (E.W.N.I.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 (S.I. 2005/3104), reg. 2
C2S. 236 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (S.S.I. 2005/567), reg. 2
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