Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

110.

Grant of decree of dissolution.

F29 [ 110. (1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that

(a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and

(b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.

F30 [ (1A) For the purposes of this section

(a) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the civil partners do not live together as a couple in an intimate and committed relationship, and

(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature. ]

(2) Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section. ]

Annotations:

Amendments:

F29

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 150, S.I. No. 12 of 2016.

F30

Inserted (1.12.2019) by Family Law Act 2019 (37/2019), s. 4(1), S.I. No. 585 of 2019, subject to transitional provision in subs. (3).

Editorial Notes:

E19

In proceedings to which subs. (2) applies, court may adjourn proceedings and direct an investigation of the child’s circumstances as provided by Guardianship of Infants Act 1964 (7/1964), s. 20(d); as inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(c), S.I. No. 12 of 2016.