Table of Contents
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-3)1. Short title, commencement and collective citation.2. Interpretation.3. Civil partners.Part 2 Status of Civil Partnership (ss. 4-5A)4. Declarations of civil partnership status.5. Recognition of registered foreign relationships.5A. Certain registered foreign relationshipsPart 3 Registration of Civil Partnership (ss. 6-26)6. Definition, Part 3.7. Amendment of section 2 of Act of 2004.8. Amendment of section 8 of Act of 2004.9. Amendment of section 13 of Act of 2004.10. Amendment of section 17 of Act of 2004.11. Amendment of section 22 of Act of 2004.12. Amendment of section 23 of Act of 2004.13. Amendment of section 37 of Act of 2004.14. Amendment of section 46 of Act of 2004.15. Amendment of section 59 of Act of 2004.16. Insertion of new Part 7A of Act of 2004.17. Insertion of new Part 7B of Act of 2004.18. Amendment of section 60 of Act of 2004.19. Amendment of section 64 of Act of 2004.20. Amendment of section 65 of Act of 2004.21. Amendment of section 66 of Act of 2004.22. Amendment of section 69 of Act of 2004.23. Amendment of section 70 of Act of 2004.24. Amendment of section 73 of Act of 2004.25. Amendment of First Schedule to Act of 2004.26. New Third Schedule to Act of 2004.Part 4 Shared Home Protection (ss. 27-42)27. Interpretation.28. Alienation of interest in shared home.29. Consent of civil partner.30. Conduct leading to loss of shared home.31. Payment of outgoings on shared home.32. Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.33. Modification of terms of mortgage or lease as to payment of capital sum.34. Restriction on disposal of household chattels.35. Joinder of parties.36. Registration of notice of existence of civil partnership.37. Restriction of section 59(2) of Registration of Title Act 1964.38.Creation of joint tenancy in shared home exempt from fees.39. Offences.40. Protection of certain tenancies.41. Protection of certain tenancies.42. Amendment of Civil Legal Aid Act 1995.Part 5 Maintenance of Civil Partner (ss. 43-52B)43. Interpretation.44. Commencement of periodical payments.45. Maintenance order.46. Discharge, variation and termination of maintenance order.47. Interim order.48. Orders in respect of certain agreements between civil partners.49. Preservation of pension entitlements.50. Transmission of payments through District Court clerk.51. Lump sum maintenance orders.52. Secured orders.52A. Failure to make payments to be contempt of court52B. Certificate of outstanding paymentsPart 6 Attachment of Earnings (ss. 53-63)53. Attachment of earnings order.54. Compliance with attachment of earnings order.55. Application of sums received by District Court clerk.56. Statement as to earnings.57. Notification of changes of employment and earnings.58. Power to determine whether particular payments are earnings.59. Persons in service of State, local authority, etc.60. Discharge, variation and lapse of attachment of earnings order.61. Cesser of attachment of earnings order.62. Other remedies.63. Enforcement.Part 7 Miscellaneous Provisions Relating to Parts 5 and 6 (ss. 64-67A)64. Payments without deduction of income tax.65. Amendment of the Enforcement of Court Orders Act 1940.66. Property in household allowance.67. Voidance of certain provisions of agreements.67A. Birth and funeral expenses of dependent child.Part 8 Succession (ss. 68-89)68. Interpretation.69. Amendment of section 3 of Act of 1965.70. Amendment of section 56 of Act of 1965.71. Amendment of section 58 of Act of 1965.72. Amendment of section 67 of Act of 1965.73. Insertion of new sections in Act of 1965.74. Amendment of section 68 of Act of 1965.75. Amendment of section 69 of Act of 1965.76. Amendment of section 70 of Act of 1965.77. Amendment of section 82 of Act of 1965.78. Amendment of section 83 of Act of 1965.79. Amendment of section 85 of Act of 1965.80. Amendment of section 109 of Act of 1965.81. Insertion of section 111A in Act of 1965.82. Amendment of section 112 of Act of 1965.83. Insertion of section 113A in Act of 1965.84. Amendment of section 114 of Act of 1965.85. Amendment of section 115 of Act of 1965.86. Amendment of section 117 of Act of 196587. Amendment of section 120 of Act of 1965.88. Amendment of section 121 of Act of 1965.89. Amendment of section 45 of Statute of Limitations 1957.Part 9 Domestic Violence (ss. 90-96)90. Interpretation.91. Amendment of section 1 of Act of 1996.92. Amendment of definition of "the applicant" in section 2 of Act of 1996.93. Amendment of section 3 of Act of 1996.94. Insertion of section 8A of Act of 1996.95. Amendment of section 9 of Act of 1996.96. Amendment of section 13 of Act of 1996.Part 10 Miscellaneous Consequences of Civil Partnership Registration (ss. 97-106)97. Ethics and conflict of interests.98. Amendment of Mental Health Act 2001.99. Pensions.100. Amendment of the Pensions Act 1990.101. Amendment of Criminal Damage Act 1991.102. Amendment of Employment Equality Act 1998.103. Amendment of Equal Status Act 2000.104. Amendment of Powers of Attorney Act 1996.105. Amendment of Civil Liability Act 1961.106. Determination of questions between civil partners in relation to property.Part 11 Nullity of Civil Partnership (ss. 107-108A)107. Grant of decree of nullity.108. Effect of decree of nullity.108A. Custody of dependent children of civil partners after decree of nullity.Part 12 Dissolution of Civil Partnership (ss. 109-138)109. Definitions, etc.109A. Dissolution of civil partnership on marriage110. Grant of decree of dissolution.110A. Joint application for ancillary orders111. Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.112. Non-admissibility as evidence of certain communications.113. Effect of decree of dissolution.114. Interpretation.115. Preliminary orders in proceedings for dissolution.116. Maintenance pending suit orders.117. Periodical payments and lump sum orders.118. Property adjustment orders.119. Miscellaneous ancillary orders.120. Financial compensation orders.121. Pension adjustment orders.122. Procedural provisions respecting pension adjustment orders.123. Rules respecting payments under schemes.124. Payments further to orders under section 121.125. Costs.126. Other provisions for orders under section 121.127. Applications for provision from estate of deceased civil partner.128. Orders for sale of property.129. Provisions relating to certain orders.130. Retrospective periodical payment orders.131. Variations etc., of certain orders.132. Method of making payments under certain orders.131A. Restriction in relation to orders for benefit of dependent children of civil partners.133. Stay on certain orders being appealed.134. Transmission of periodical payments through District Court clerk.135. Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.136. Amendment of Enforcement of Court Orders Act 1940.137. Powers of court in relation to transactions intended to prevent or reduce relief.138. Cost of mediation and counselling services.Part 13 Jurisdiction and Other Related Matters (ss. 139-147)139. Definitions.140. Jurisdiction and venue.141. Notice of civil partnership law proceedings.142. Particulars of property.141B. Social reports.141A. Custody of dependent children of civil partners after decree of dissolution.143. Hearing of proceedings.144. Conduct of proceedings.145. Privacy146. Costs.147. Rules of court.Part 14 Other Consequential Amendments, Etc. (ss. 148-170)148. Application and amendment of Pensions Act 1990.149. Definition.150. Amendment of section 2 of Act of 1996.151. Amendment of section 13 of Act of 1996.152. Amendment of section 14 of Act of 1996.153. Amendment of section 16 of Act of 1996.154. Amendment of section 17 of Act of 1996.155. Amendment of section 18 of Act of 1996.156. Amendment of section 19 of Act of 1996.157. Amendment of section 20 of Act of 1996.158. Definition.159. Amendment of section 2 of Act of 1995.160. Amendment of section 8 of Act of 1995.161. Amendment of section 9 of Act of 1995.162. Amendment of section 11 of Act of 1995.163. Amendment of section 12 of Act of 1995.164. Amendment of section 15 of Act of 1995.165. Amendment of section 15A of Act of 1995.166. Amendment of section 23 of Act of 1995.167. Amendment of section 25 of Act of 1995.168. Property rights.169. Redress provisions.170. Other miscellaneous provisions.Part 15 Cohabitants (ss. 171-207)171. Definitions.172. Cohabitant and qualified cohabitant.173. Application for redress in respect of economically dependent qualified cohabitant.174. Property adjustment orders.175. Compensatory maintenance orders.176. Attachment of earnings order.177. Compliance with attachment of earnings order.178. Application of sums received by clerk.179. Statement as to earnings.180. Notification of changes of employment and earnings.181. Power to determine whether particular payments are earnings.182. Persons in service of State, local authority, etc.183. Discharge, variations and lapse of attachment of earnings order.184. Cesser of attachment of earnings order.185. Other remedies.186. Enforcement.187. Pension adjustment orders.188. Procedural provisions respecting pension adjustment orders.189. Rules respecting payments under schemes.190. Payments further to orders under section 187.191. Costs.192. Value of benefit calculation.193. Mediation and other alternatives to proceedings.194. Application for provision from estate of deceased cohabitant.195. Limitation period.196. Jurisdiction and venue.196A. Orders under Family Law (Maintenance of Spouses and Children) Act 1976.197. Particulars of property.198. Conduct of proceedings.199. Privacy.200. Costs.201. Rules of court.202. Validity of certain agreements between cohabitants.203. Amendment of section 39 of Residential Tenancies Act 2004.204. Amendment of section 47 of Civil Liability Act 1961.205. Amendment of Powers of Attorney Act 1996.206. Transitional provision - redress orders.207. Transitional provision - agreements.Part 16 Miscellaneous (s. 208)208. Saver in relation to rights of others.Schedule - Consequential Amendments to Other ActsSchedule, Part 1 Conflicts of Interests ProvisionsSchedule, Part 2 Pensions ProvisionsSchedule, Part 3 Property Rights ProvisionsSchedule, Part 4 Redress ProvisionsSchedule, Part 5 Miscellaneous Provisions
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86. Amendment of section 117 of Act of 1965
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.".