Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 2

Status of Civil Partnership

4.

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.

(2) The court may only make an order under subsection (1) if one of the civil partners—

( a) is domiciled in the State on the date of the application,

( b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or

( c) died before the date of the application and—

(i) was at the time of death domiciled in the State, or

(ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death.

(3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify.

(4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.

(5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1).

(6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party.

(7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.

(8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner.

(9) The registrar of the court shall notify an tArd-Chláraitheoir of an order under subsection (1) .

(10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity.