Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

29.

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.

(2) The court shall not dispense with the consent unless the court considers that it is unreasonable for the civil partner to withhold consent, taking into account all the circumstances, including—

F4 [ (a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and ]

( b) in a case where the civil partner whose consent is required is offered alternative accommodation, the suitability of that accommodation having regard to the respective degrees of security of tenure in the shared home and the alternative accommodation.

(3) The court shall dispense with the consent of a civil partner whose consent is required if—

( a) the civil partner cannot be found after reasonable inquiries, and

( b) the court is of the opinion that it would be reasonable to do so.

(4) The court may give the consent on behalf of a civil partner whose consent is required if—

( a) a consultant psychiatrist, within the meaning of the Mental Health Act 2001, certifies that the civil partner is incapable of giving consent, and

( b) the court is of the opinion that it would be reasonable to do so.

Annotations:

Amendments:

F4

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 136, S.I. No. 12 of 2016.