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Civil Partnership (Jersey) Law 2012

Arrangement


Article

Part 1


INTRODUCTION

1            Interpretation

Part 2


Entering into civil partnership

2            Civil partnership

3            Formation of civil partnership by registration

4            Eligibility

5            Consent where proposed civil partner under 18

6            Forbidding of issue of licence or certificate

7            Notice of civil partnership

8            Caveat against issue of licence or certificate

9            Civil partnership on authority of licence

10          Period of validity of licence

11          Civil partnership on authority of document issued outside Jersey

12          Certificate for formation of civil partnership outside Jersey

13          Approved premises

14          Solemnization of civil partnership on approved premises

15          Civil partnership of person incapacitated by illness or disability

16          Delegates of Superintendent Registrar

17          Keeping of book and registers relating to civil partnership

18          Duty to record and register civil partnerships

19          Power to ask for particulars of civil partnership

20          Proof of certain matters not necessary to validity of civil partnership

21          Searches

22          Correction of errors in books and registers

23          Offences relating to the registration of civil partnership

24          Declarations

25          Orders concerning registration

26          Duty of Minister

part 3


Dissolution, annulment and other proceedings

27          Jurisdiction

28          Grounds of application for dissolution of a civil partnership

29          Restrictions on applications for dissolution during first 3 years after creation of civil partnership

30          Duty of Court on application for dissolution of civil partnership

31          Refusal of dissolution of civil partnership in 2 years’ separation cases in certain circumstances

32          Special protection for respondent in separation cases

33          Separation orders

34          Application for dissolution of civil partnership after grant of separation order

35          Relief to respondent on application for dissolution of civil partnership or separation order

36          Decree of annulment

37          Bars to relief where civil partnership is voidable

38          Proceedings for presumption of death and dissolution of civil partnership order

39          Conditional orders

40          Duties of Attorney General

41          Provisions as to costs where Attorney General intervenes or shows cause

42          Power to allow intervention on terms

43          Abatement of proceedings

44          Provision for children

45          Restrictions on decrees for dissolution, annulment or separation affecting children

46          Rights of succession etc. on dissolution or annulment of civil partnership

47          Power of Court to vary settlements after dissolution or annulment of civil partnership

48          Power of Court to order transfer or settlement of property

49          Financial provision for party to a civil partnership in cases of dissolution etc.

50          Power of Court to order sale of property

51          Contributions for support: interim orders

52          Payment of contributions for support to persons having charge of respondent of unsound mind

53          Power to vary orders

54          Ascertainment of assets and liabilities of parties

55          Execution of instruments by order of the Court

56          Death of party after final order for the dissolution or annulment of civil partnership

57          Entering into a subsequent civil partnership after dissolution, annulment or presumption of death

58          Regulation of reports

Part 4


RECOGNITION of dissolution OR annulment of civil partnership or separation of civil partners

59          Recognition of dissolution, annulment and other proceedings granted in the British Islands

60          Overseas dissolution, annulment and legal separations

61          Grounds for recognition

62          Cross-proceedings and dissolutions or annulment following legal separations

63          Proof of facts relevant to recognition

64          Certain existing rules of recognition to continue in force

65          Non-recognition of dissolution or annulment by third country no bar to subsequent civil partnership or marriage of either party

66          Exceptions from recognition

67          Recognition of dissolution, annulment or legal separation obtained before commencement of this Law

part 5


Supplementary

68          Service of application

69          Rules of Court

70          Amendment of other enactments

71          Power to make further provision in connection with civil partnerships

72          Regulations and Orders

73          Citation and commencement

SCHEDULE 1


oVERSEAS RELATIONSHIPS

1            Meaning of overseas relationship

2            Specified relationships

3            Overseas relationships treated as civil partnerships

4            The same-sex requirement

5            Person domiciled in a British Island

6            The public policy exception

SCHEDULE 2


PROHIBITED DEGREES OF RELATIONSHIP

SCHEDULE 3


CONSENTS REQUIRED TO THE CIVIL PARTNERSHIP OF A MINOR

SCHEDULE 4


amendment of other enactments

1            Adoption (Jersey) Law 1961 amended

2            Anatomy and Human Tissue (Jersey) Law 1984 amended

3            Banking Business (Jersey) Law 1991 amended

4            Bankruptcy (Désastre) (Jersey) Law 1990 amended

5            Children (Jersey) Law 2002 amended

6            Companies (Jersey) Law 1991 amended

7            Employment (Jersey) Law 2003 amended

8            Fatal Accidents (Jersey) Law 1962 amended

9            Financial Services (Jersey) Law 1998 amended

10          Gender Recognition (Jersey) Law 2010 amended

11          Income Tax (Jersey) Law 1961 amended

12          Interpretation (Jersey) Law 1954 amended

13          Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations amended

14          Loi (1864) réglant la procédure criminelle amended

15          Loi (1880) sur la propriété foncière amended

16          Loi (1908) au sujet des témoins et informateurs amended

17          Loi (1991) sur la copropriété des immeubles bâtis amended

18          Maintenance Orders (Enforcement) (Jersey) Law 1999 amended

19          Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000 amended

20          Marriage and Civil Status (Jersey) Law 2001 amended

21          Matrimonial Causes (Jersey) Law 1949 amended

22          Mental Health (Jersey) Law 1969 amended

23          Nursing and Residential Homes (Jersey) Law 1994 amended

24          Probate (Jersey) Law 1998 amended

25          Separation and Maintenance Orders (Jersey) Law 1953 amended

26          Social Security (Jersey) Law 1974 amended

27          Stamp Duties and Fees (Jersey) Law 1998 amended

28          Taxation (Land Transactions) (Jersey) Law 2009 amended

29          Wills and Successions (Jersey) Law 1993 amended

30          Miscellaneous enactments amended


Civil Partnership (Jersey) Law 2012

A LAW to make provision for and in connection with civil partnership.


Adopted by the States

12th July 2011

Sanctioned by Order of Her Majesty in Council

14th December 2011

Registered by the Royal Court

6th January 2012

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –


Part 1

INTRODUCTION

1      Interpretation

In this Law, unless the context otherwise requires –

approved premises” shall be construed in accordance with Article 13;

certificate” means a certificate issued under Article 12;

child of the family” has the same meaning as in Article 1 of the Children (Jersey) Law 2002[1];

“civil partnership document” shall be construed in accordance with Article 3;

civil partnership notice book” means the book kept pursuant to Article 17(1);

civil partnership register” means a register kept pursuant to Article 18;

civil partnership registrar” means the Superintendent Registrar, the Deputy Superintendent Registrar or a delegate;

Court” means the Royal Court;

delegate” means a person appointed under Article 16;

Deputy Superintendent Registrar” means a person appointed as such under Article 41 of the Marriage and Civil Status (Jersey) Law 2001[2];

“licence” means a licence issued under Article 9;

mental disorder” has the same meaning as in Article 1 of the Mental Health (Jersey) Law 1969[3];

Minister” (except in Article 36) means the Minister for Home Affairs;

notice of civil partnership” means a notice given in accordance with Article 7;

prescribed” means, except in relation to Articles 7 and 36 and Rules of Court, prescribed by an Order by the Minister;

registrar” means an individual chosen or appointed as such under Article 42 of the Marriage and Civil Status (Jersey) Law 2001;

Rules of Court” means Rules of Court made under the Royal Court (Jersey) Law 1948[4];

Superintendent Registrar” means the person appointed as such under Article 41 of the Marriage and Civil Status (Jersey) Law 2001;

working day” means any day other than Christmas Day, Good Friday, a Sunday or a day observed as a bank holiday under the Public Holidays and Bank Holidays (Jersey) Law 1951[5].

Part 2

Entering into civil partnership

2      Civil partnership

(1)    A civil partnership is a relationship between 2 people of the same sex (“civil partners”) –

(a)     which is formed in Jersey in accordance with Article 3; or

(b)     which they are treated as having formed by virtue of having registered an overseas relationship.

(2)    Paragraph (1) is subject to the provisions of this Law under or by virtue of which a civil partnership is void.

(3)    A civil partnership ends only on death, dissolution or annulment.

(4)    The references in paragraph (3) to dissolution and annulment are to dissolution and annulment having effect under or recognized in accordance with this Law.

(5)    References in this Law to an overseas relationship are to be read in accordance with Schedule 1.

3      Formation of civil partnership by registration

(1)    For the purposes of Article 2(1)(a), 2 people are to be regarded as having formed a civil partnership with each other once each of them has signed the civil partnership document –

(a)     at the invitation of, and in the presence of, a civil partnership registrar; and

(b)     in the presence of each other and 2 witnesses.

(2)    After the civil partnership document has been signed under paragraph (1), it must also be signed, in the presence of the civil partners and each other, by –

(a)     each of the 2 witnesses; and

(b)     the civil partnership registrar solemnizing the civil partnership.

(3)    After the witnesses and the civil partnership registrar have signed the civil partnership document, the civil partnership registrar solemnizing the civil partnership must ensure that –

(a)     the fact that the 2 people have formed a civil partnership with each other; and

(b)     any other information prescribed by the Minister in an Order,

is recorded in the civil partnership register as soon as is practicable.

(4)    No person shall act or be permitted to act as the witness to the formation of a civil partnership unless that person is of full age and capable of following the ceremony.

(5)    No religious service is to be used while a civil partnership registrar is officiating at the signing of a civil partnership document.

(6)    The civil partnership document shall be in such form and contain such particulars as shall be prescribed.

4      Eligibility

(1)    Two people shall not be eligible to form a civil partnership with each other if –

(a)     they are not of the same sex;

(b)     either of them is already in a lawful civil partnership or lawfully married;

(c)     either of them is under 16 years of age;

(d)     either of them is incapable of –

(i)     understanding the nature of civil partnership, or

(ii)    validly consenting to its formation; or

(e)     they are related in a prohibited degree.

(2)    Schedule 2 contains provisions for determining when 2 people are related within a prohibited degree.

5      Consent where proposed civil partner under 18

(1)    Where either of the intended civil partners is a minor, the consent of the persons specified in Schedule 3 shall be required for the formation of the civil partnership.

(2)    The Superintendent Registrar may refuse to issue a licence or certificate unless satisfied by production of written evidence that the consent of that person or of those persons has in fact been obtained.

(3)    Where the consent of any person whose consent is required cannot be obtained, by reason of absence or inaccessibility, or by reason of his or her being under a disability, the Superintendent Registrar may dispense with the consent of that person.

(4)    Where the Superintendent Registrar refuses to dispense with the consent of any person, the Court may, on the application of the minor, give consent in place of that person.

(5)    Where any person whose consent is required refuses consent, the Court may, on the application of the minor, give consent in place of that person.

(6)    Where an application is made to the Court in consequence of a refusal to give consent, notice of the application shall be served on the person who has refused consent.

6      Forbidding of issue of licence or certificate

(1)    Any person whose consent is required under Article 5 to a civil partnership intended to be formed on the authority of a licence or certificate may forbid the issue of a licence or certificate by writing, at any time before its issue, the word “forbidden” in the margin of the civil partnership notice book next to the entry of the notice of civil partnership and subscribing to that word the person’s name, place of residence and the capacity, in relation to either of the persons intending to be civil partners, in which the person forbids the issue of the licence or certificate.

(2)    Where the issue of a licence or certificate is forbidden under paragraph (1), the notice of civil partnership and all proceedings on it shall be void.

(3)    Where the Court consents to the formation of a civil partnership under Article 5(5), in the place of a person who has refused consent, that person shall not be entitled to forbid the issue of a licence or certificate for that civil partnership under this Article and the notice of civil partnership and proceedings on it shall not be void by virtue of this Article.

7      Notice of civil partnership

(1)    Subject to paragraph (2), where persons intend to form a civil partnership on authority of a licence or certificate of the Superintendent Registrar, one of the intended civil partners shall give notice of civil partnership to the Superintendent Registrar.

(2)    Notice of civil partnership may only be given if one of the persons to the intended civil partnership has been ordinarily resident at their place of residence (whether in Jersey or elsewhere) for at least 7 days before the notice is given.

(3)    Notice of civil partnership shall be –

(a)     in the prescribed form and contain the prescribed particulars;

(b)     accompanied by such documents as the Superintendent Registrar may require;

(c)     accompanied by such fee as may be prescribed; and

(d)     given not more than 3 months and not less than 2 weeks before the day on which it is intended to form the civil partnership.

(4)    Subject to paragraph (5), where notice of civil partnership is given, the Superintendent Registrar shall, as soon as is practicable, enter in the civil partnership notice book –

(a)     the particulars contained in the notice of civil partnership; and

(b)     the facts of any declaration given under paragraph (5)(b).

(5)    The Superintendent Registrar shall not enter notice of a civil partnership to which paragraphs 3 to 5 of Schedule 2 apply in the civil partnership notice book unless –

(a)     the Superintendent Registrar is satisfied, by the production of evidence, that both the persons intending to form the civil partnership are of full age; and

(b)     the Superintendent Registrar is given a declaration made in the prescribed form by each of those persons, each declaration having been signed and attested in the prescribed manner, declaring that there is no prohibited degree of relationship.

(6)    The Superintendent Registrar shall keep all notices of civil partnership and declarations described in paragraph (5)(b).

(7)    The Superintendent Registrar shall display, in the entrance to or outside the office of the Superintendent Registrar –

(a)     a list of notices of civil partnership; and

(b)     particulars of a notice of civil partnership for which he or she has not yet granted a licence or certificate.

(8)    A notice of civil partnership shall be void after the expiry of 3 months from the day on which it is entered into the civil partnership notice book.

8      Caveat against issue of licence or certificate

(1)    A person having reason to believe that there is lawful cause to obstruct the issue of a licence or certificate may enter a caveat with the Superintendent Registrar against such issue.

(2)    A caveat entered under paragraph (1) shall be signed by or on behalf of the person by whom it is entered, state the objector’s place of residence and the grounds for entering the caveat.

(3)    Subject to paragraph (6), where a caveat is entered, the Superintendent Registrar shall not issue a licence or certificate until –

(a)     the Superintendent Registrar has examined the matter of the caveat and is satisfied that it ought not to obstruct the issue of a licence or certificate; or

(b)     the caveat is withdrawn by the person who entered it.

(4)    If the Superintendent Registrar is doubtful whether to issue a licence or certificate, the Superintendent Registrar may refer the matter of the caveat to the Court.

(5)    Where the matter of a caveat is referred to the Court, the Court may uphold the caveat or order that the licence or certificate be issued and no appeal shall lie from the Court’s decision.

(6)    Where a caveat is entered against a civil partnership on the ground that the persons intending to form the civil partnership are not both of full age or that one of those persons has, at any time before attaining full age, been a child of the family in relation to the other then, even if the caveat is withdrawn by the person who entered it, the Superintendent Registrar shall not issue a licence or certificate unless a declaration is obtained from the Court under paragraph (7).

(7)    In the case described in paragraph (6), one of the intending civil partners may apply to the Court for a declaration that both those persons, being of full age, and the younger of those persons not having been at any time before attaining full age a child of the family in relation to the other, there is no impediment of relationship by marriage or civil partnership to the formation of the civil partnership.

(8)    The Court may, in any proceedings before it under this Article, order the person who entered the caveat to pay all or part of the costs of the proceedings and damages to the person against whose civil partnership the caveat was entered.

9      Civil partnership on authority of licence

(1)    Where a civil partnership is intended to be solemnized in Jersey, one of the persons intending to form the civil partnership may, not less than 7 days after notice of the civil partnership is given and not less than 2 working days before the day on which the civil partnership is to be solemnized, and upon payment of such fee as may be prescribed, request the Superintendent Registrar to issue a licence.

(2)    The person requesting the licence shall, at the time of the request, make a solemn declaration or affirmation before the Superintendent Registrar that he or she believes there is no lawful impediment to the civil partnership being formed.

(3)    Where a request is made in accordance with this Article, the Superintendent Registrar shall issue a licence in the prescribed form and containing the prescribed particulars unless –

(a)     the Superintendent Registrar is satisfied that a lawful impediment to the civil partnership exists; or

(b)     its issue has been forbidden under Article 6 by any person authorized in that behalf.

10    Period of validity of licence

(1)    A civil partnership may be formed on the authority of a licence –

(a)     within 3 months from the day on which notice of the civil partnership is entered into the civil partnership notice book; and

(b)     within 14 days from the day on which the licence is issued.

(2)    If the civil partnership is not solemnized within the periods described in paragraph (1), the notice of civil partnership and any licence which may have been granted on it shall be void and no person shall form the civil partnership on its authority.

11    Civil partnership on authority of document issued outside Jersey

(1)    Where a civil partnership is intended to be formed in Jersey between a British subject resident in Jersey and a British subject resident elsewhere in the British Islands, a document issued by a registration authority anywhere in the British Islands which authorizes a civil partnership shall be recognized and have effect for the purposes of the formation of that civil partnership as if it were a civil partnership licence issued in Jersey under this Law.

(2)    The Minister may by Order make provision, for the purposes of the formation of a civil partnership in Jersey between a person resident in Jersey and a person resident elsewhere, for a document issued according to the law of another place and to which paragraph (1) does not apply to be recognized and have effect as if it were a civil partnership licence issued in Jersey under this Law.

12    Certificate for formation of civil partnership outside Jersey

(1)    Where –

(a)     a civil partnership is intended to be formed outside Jersey; and

(b)     one or both of the persons intending to form that civil partnership is ordinarily resident in Jersey,

one of the persons intending to form the civil partnership may, not less than 21 days after notice of the civil partnership is given and upon payment of such fee as may be prescribed, request the Superintendent Registrar to issue a certificate of civil partnership.

(2)    The person requesting the certificate shall, at the time of the request, make a solemn declaration or affirmation before the Superintendent Registrar that he or she believes there is no lawful impediment to the civil partnership being formed.

(3)    Where a request is made in accordance with this Article, the Superintendent Registrar shall issue a certificate in the prescribed form and containing the prescribed particulars unless –

(a)     the Superintendent Registrar is satisfied that a lawful impediment to the civil partnership exists; or

(b)     its issue has been forbidden under Article 6 by any person authorized in that behalf.

(4)    A certificate issued under this Article shall be void after the expiry of 12 months from the day on which notice of the civil partnership is entered into the civil partnership notice book.

13    Approved premises

(1)    A civil partnership may be solemnized on authority of a licence only on approved premises.

(2)    The following shall be approved premises for the purposes of this Law –

(a)     in the case of a specified civil partnership, the premises approved by the Connétable of the parish in which the premises are situated under this Article for the purposes of that civil partnership; and

(b)     in any case –

(i)     premises for the time being approved by the Connétable of the parish in which the premises are situated for a specified period under this Article, and

(ii)    the premises provided for the Superintendent Registrar pursuant to Article 44 of the Marriage and Civil Status (Jersey) Law 2001.

(3)    The Minister shall by Order establish a scheme for the approval of premises for a specified civil partnership or for a specified period.

(4)    An Order made under paragraph (3) may include provision –

(a)     for the kinds of premises in respect of which approvals may be granted;

(b)     for the procedure to be followed in relation to applications for approval;

(c)     for the considerations to be taken into account by a Connétable in determining whether to approve any premises;

(d)     for the duration and renewal of approvals;

(e)     for the conditions that shall or may be imposed on the grant or renewal of approvals;

(f)     for the determination and charging of fees in respect of applications for and the grant of the approval of premises and in respect of renewals of approvals;

(g)     for the circumstances in which approvals shall or may be revoked;

(h)     for the review of any decision to refuse approval or the renewal of approval, to impose conditions on the grant or renewal of approval or to revoke approval;

(i)     requiring a Connétable to inform the Superintendent Registrar of the grant, renewal or revocation by the Connétable of any approval;

(j)     requiring the Superintendent Registrar to maintain a register of approved premises and make the register available for public inspection.

(5)    Premises that –

(a)     are used solely or mainly for religious purposes; or

(b)     have been so used and have not subsequently been used solely or mainly for other purposes,

may not be approved premises.

14    Solemnization of civil partnership on approved premises

(1)    Where a notice of civil partnership and a licence state that a civil partnership between the persons named in those documents is intended to be formed on approved premises also named in those documents, the civil partnership may be solemnized on those premises in accordance with this Article.

(2)    A civil partnership formed on approved premises shall be solemnized –

(a)     between the hours of 8 a.m. and 7 p.m.;

(b)     in the presence of 2 or more witnesses; and

(c)     by a civil partnership registrar.

(3)    Members of the public shall be permitted to attend freely the solemnization of a civil partnership on approved premises.

(4)    Where a civil partnership is solemnized on approved premises, each of the persons entering into the civil partnership shall –

(a)     make the following declaration –

“I solemnly declare that I know of no lawful reason why I, AB, may not join in a civil partnership with CD”; and

(b)     say to the other person –

“I call upon the persons here present to witness that I, AB, take you, CD, to be my lawful civil partner”.

(5)    No religious service shall be used at the solemnization of a civil partnership on approved premises.

(6)    The Superintendent Registrar may charge such fees as may be prescribed for the solemnization of a civil partnership by a civil partnership registrar on approved premises and, in the case of a civil partnership on the premises provided for the Superintendent Registrar, for the use of those premises.

(7)    Nothing in this Article shall be construed as requiring a civil partnership registrar to solemnize a civil partnership on any approved premises on a particular day or at a particular time.

(8)    The States may by Regulations amend paragraph (2)(a) so as to vary the hours between which a civil partnership may be solemnized.

15    Civil partnership of person incapacitated by illness or disability

(1)    This Article applies where persons intending to form a civil partnership on the authority of a licence wish, by reason that one of them is incapacitated by illness or disability, to solemnize their civil partnership at the place where the incapacitated person is.

(2)    The notice of civil partnership shall be accompanied by a medical statement in the prescribed form made, not more than 14 days before the date on which the notice is given, by a registered medical practitioner of his or her opinion that, at the time he or she makes the statement –

(a)     the incapacitated person, by reason of illness or disability, ought not to be moved from the place where he or she is at that time; and

(b)     it is likely to be the case for at least the following 3 months that, by reason of the illness or disability, he or she ought not to move or be moved from that place.

(3)    A civil partnership may be solemnized pursuant to this Article by a civil partnership registrar.

(4)    The Superintendent Registrar shall keep the medical statement with the notice of civil partnership and, when entering the particulars contained in the notice of civil partnership in the civil partnership notice book, shall also enter the fact that the medical statement has been given.

(5)    Despite Article 13(1), where paragraph (2) has been complied with, the Superintendent Registrar may, if the Superintendent Registrar considers it appropriate to do so, issue a licence under Article 9 authorizing the solemnization of the civil partnership at the place where the incapacitated person is, which shall be named in the licence.

(6)    Where the civil partnership is solemnized in a place where the incapacitated person is, Article 14(2) to (7) shall apply as if any references in them to approved premises were references to the place where the incapacitated person is.

16    Delegates of Superintendent Registrar

(1)    The Minister may, upon the recommendation of the Superintendent Registrar, appoint one or more persons to act as delegate of the Superintendent Registrar for the purpose of enabling civil partnerships to be solemnized on approved premises by persons other than the Superintendent Registrar.

(2)    Subject to paragraph (4), an appointment shall have effect for 3 years beginning on the date it is made by the Minister.

(3)    Upon appointing a person as delegate, the Minister shall direct the Superintendent Registrar to enter in the register of delegates –

(a)     the name of the person so appointed; and

(b)     the date the appointment is made by the Minister.

(4)    The Minister may, at any time, upon the recommendation of the Superintendent Registrar –

(a)     cancel the appointment of a person as a delegate; and

(b)     direct the Superintendent Registrar to enter in the register of delegates the date of cancellation by the Minister.

(5)    A delegate shall –

(a)     take an oath before the Court to well and faithfully perform the duties imposed on him or her by and under this Law; and

(b)     solemnize such civil partnerships and carry out such duties relating to the solemnization or registration of civil partnerships as the Superintendent Registrar directs.

17    Keeping of book and registers relating to civil partnership

(1)    The Superintendent Registrar shall keep –

(a)     a civil partnership notice book for the purposes of Article 7;

(b)     a register of approved premises for the purposes of Article 13; and

(c)     a register of delegates appointed under Article 16.

(2)    The book and registers kept under this Article shall be open to public inspection free of charge during normal working hours.

(3)    The registers to be kept under this Article shall be kept in permanent form, which may include their maintenance in an electronic form.

18    Duty to record and register civil partnerships

(1)    A civil partnership registrar shall make a record and a return, in accordance with the prescribed requirements, of every civil partnership that he or she solemnizes.

(2)    The registrar of each parish shall keep a register in which he or she, in accordance with the prescribed requirements, shall register every civil partnership solemnized within the parish of which he or she is registrar.

(3)    The Superintendent Registrar shall supply each registrar with the required number of registers of civil partnerships for the performance of the registrar’s duties under this Article.

19    Power to ask for particulars of civil partnership

A person under a duty to register or record the particulars of a civil partnership may require the parties to the civil partnership to provide him or her with those particulars.

20    Proof of certain matters not necessary to validity of civil partnership

Where 2 people have formed a civil partnership with each other in Jersey, it is not necessary in support of the civil partnership to give any proof –

(a)     that before the civil partnership, either of the intended civil partners resided, or resided for any period, at the place stated in the notice of civil partnership to be his or her place of residence; or

(b)     that any person whose consent to the civil partnership was required by Article 5 had given his or her consent,

and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.

21    Searches

(1)    Every registrar who keeps a register of civil partnerships under this Law shall, at all reasonable hours, allow searches to be made in any register in his or her keeping and, upon payment of the prescribed fee, shall give a copy certified under his or her hand of any entry in such a register.

(2)    Any person shall be entitled, at any time when the office of the Superintendent Registrar is open for the purpose –

(a)     upon payment of the prescribed fee, to search the indexes maintained by the Superintendent Registrar under an Order made under Article 25; or

(b)     upon payment of the prescribed fee, to have a copy, certified under the hand of the Superintendent Registrar, of any entry in a book or register kept by the Superintendent Registrar under this Law.

(3)    A copy of an entry provided in accordance with this Article shall be received as evidence of the civil partnership to which it relates without any further or other proof of the entry.

22    Correction of errors in books and registers

(1)    A person who finds an error, other than a clerical error, in an original entry in a book or register kept under this Law shall bring it to the attention of the Minister, through the intermediary of the Superintendent Registrar.

(2)    Upon being notified of an error, other than a clerical error, the Minister may grant permission for the error to be corrected or, if the Minister thinks fit, refer the matter to the Court, through the intermediary of the Attorney General.

(3)    The Minister shall prescribe procedures for the correction of clerical errors in entries in books and registers kept under this Law, for the correction of discrepancies between original entries and copies thereof and for the correction of errors other than clerical errors, pursuant to permission granted by the Minister or the Court.

23    Offences relating to the registration of civil partnership

(1)    It shall be an offence for a person, knowingly and voluntarily, to make a false declaration or sign any false document or otherwise provide false information for the purpose of giving notice of civil partnership or of obtaining any licence or certificate under this Law or having a civil partnership solemnized.

(2)    It shall be an offence for a person, when entering any caveat under this Law or forbidding the issue of any licence or certificate, knowingly to make a statement that he or she is a person whose consent is required to a civil partnership, when he or she is not.

(3)    It shall be an offence for the Superintendent Registrar, knowingly and voluntarily, to –

(a)     issue a licence or certificate pursuant to a notice of civil partnership which is void by virtue of Article 7(8) or issue a licence less than 7 days after notice of civil partnership is given or issue a certificate less than 21 days after notice of civil partnership is given;

(b)     issue a licence or certificate on which a lawful objection has been entered; or

(c)     register a civil partnership declared void under this Law.

(4)    It shall be an offence for a person, knowingly and voluntarily, to solemnize a civil partnership declared void by this Law.

(5)    It shall be an offence for a person, knowingly and voluntarily, to solemnize a civil partnership on authority of a licence which is void or before the expiry of any period required by this Law to elapse after the issue of the licence and before the solemnization of the civil partnership.

(6)    It shall be an offence for a person, knowingly and voluntarily, to solemnize a civil partnership pursuant to a licence of the Superintendent Registrar –

(a)     in a place other than the approved premises specified in the notice of civil partnership and licence; or

(b)     in the case of an incapacitated person, in a place other than the place specified in the notice of civil partnership and licence as being where the incapacitated person is.

(7)    It shall be an offence for a person other than a civil partnership registrar to register a civil partnership on approved premises.

(8)    It shall be an offence for a person other than a civil partnership registrar to register a civil partnership at a place where an incapacitated person is.

(9)    It shall be an offence for a person to –

(a)     knowingly provide false particulars for the purpose of the registration of a civil partnership under this Law;

(b)     voluntarily destroy, damage or alter, or cause to be destroyed, damaged or altered, any book, register or document required to be kept by this Law or an Order made under it;

(c)     forge or cause to be falsely made or forged any book, register or document required to be kept by this Law or an Order made under it or any certified copy of any entry made or document kept under this Law or an Order made under it; or

(d)     voluntarily make or cause to be made a false entry in a book or register required to be kept by this Law or an Order made under it or certify a copy of such an entry, knowing it to be false.

(10)  It shall be an offence for a person –

(a)     to refuse or, without reasonable excuse, omit to record or register any civil partnership which he or she is required by this Law or an Order made under it to record or register;

(b)     to register or cause to be registered a civil partnership otherwise than in accordance with the requirements of this Law or an Order made under it;

(c)     to carelessly lose or damage a book, register or documents that he or she is required by this Law or an Order made under it to keep, or to carelessly allow any such book, register or document to be damaged while in his or her keeping; or

(d)     to fail, without reasonable excuse, to deliver any book, register or document or make any return that he or she is required to deliver or make by this Law or an Order made under it.

(11)  It shall be an offence for a person, without reasonable cause or excuse, to fail to comply with a requirement imposed by or under this Law or an Order made under it or by any person pursuant to this Law or an Order made under it –

(a)     to provide particulars of a civil partnership; or

(b)     to complete or deliver any certificate.

(12)  A person guilty of an offence under any of paragraphs (1) to (9) shall be liable to imprisonment for a term of 5 years and to a fine.

(13)  A person guilty of an offence under paragraph (10) shall be liable to a fine of level 3 on the standard scale.

(14)  A person guilty of an offence under paragraph (11) shall be liable to a fine of level 2 on the standard scale.

24    Declarations

Every declaration made for a purpose in this Part, except any declaration made by the Court under Article 8(7), shall contain such information as the Superintendent Registrar may require and shall be made in the prescribed manner.

25    Orders concerning registration

The Minister shall by Order prescribe procedures and requirements for the registration of civil partnerships and for the making of returns of information in connection therewith and in particular, but not by way of limitation, shall require –

(a)     the preparation and delivery of documents prior to, and for the purposes of, the recording of the particulars of a civil partnership;

(b)     the keeping and delivery of books, registers and official documents for the purposes of this Law;

(c)     the making of entries of civil partnerships in books and registers kept under this Law;

(d)     the provision of copies of such entries, on provision of such information and payment of such fee as may be prescribed;

(e)     the making of returns of information to the Superintendent Registrar;

(f)     the keeping of indexes by the Superintendent Registrar of returns of information made to him or her; and

(g)     the making of returns of information by the Superintendent Registrar.

26    Duty of Minister

(1)    The Minister shall, each year, report to the States the number of civil partnerships registered, in the preceding year, under this Law.

(2)    The Minister shall inspect every register kept by a registrar pursuant to this Law at the same time and in accordance with the same cycle as is described in Article 75(2) of the Marriage and Civil Status (Jersey) Law 2001 for the purpose of assessing whether the Superintendent Registrar is discharging his or her duties under this Law.

(3)    A registrar shall, when so requested by the Minister, produce to the Minister the registers kept by him or her, for the purposes of the Minister’s inspection.

part 3

Dissolution, annulment and other proceedings

27    Jurisdiction

(1)    The Court shall have jurisdiction to entertain proceedings for dissolution of the civil partnership or a legal separation order (“separation order”) in respect of the civil partners if (and only if) –

(a)     the parties to the civil partnership are domiciled in Jersey on the date when the proceedings are begun; or

(b)     either of the parties to the civil partnership was habitually resident in Jersey throughout the period of one year ending with that date.

(2)    The Court shall have jurisdiction to entertain proceedings for annulment of the civil partnership if (and only if) –

(a)     the parties to the civil partnership are domiciled in Jersey on the date when the proceedings are begun; or

(b)     either of the parties to the civil partnership –

(i)     was habitually resident in Jersey throughout the period of one year ending with that date, or

(ii)    died before that date and either was at death domiciled in Jersey, or had been habitually resident in Jersey through the period of one year ending with the date of death.

(3)    The Court shall have jurisdiction to entertain proceedings for death to be presumed and a civil partnership to be dissolved if (and only if) the applicant –

(a)     is domiciled in Jersey on the date when the proceedings are begun; or

(b)     was habitually resident in Jersey throughout the period of one year ending with that date.

(4)    The Court shall, at any time when proceedings are pending in respect of which it has jurisdiction by virtue paragraph (1) or (2), of by virtue of this paragraph, also have jurisdiction to entertain other proceedings, in respect of the same civil partnership, for dissolution, separation or annulment of the civil partnership, notwithstanding that jurisdiction would not be exercisable under paragraph (1) or (2).

(5)    The Court shall also have the same power to grant injunctions and other relief in any civil partnership causes, suits and matters as it has under Article 3(2) of the Matrimonial Causes (Jersey) Law 1949 in relation to matrimonial causes, suits and matters.

(6)    In the authentication of decrees, orders and other instruments and copies thereof the Judicial Greffier may describe himself or herself as Registrar.

(7)    Any order made or direction given by the Judicial Greffier in pursuance of Rules of Court made under paragraph (6) shall be subject to appeal in the first instance to the Court.

28    Grounds of application for dissolution of a civil partnership

An application for dissolution of a civil partnership may be presented to the Court by either civil partner on the ground that –

(a)     the respondent has since entering into the civil partnership behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

(b)     the respondent is incurably of unsound mind and has been continuously under care and treatment for a period of at least 5 years immediately preceding the application;

(c)     the parties to the civil partnership –

(i)     have lived apart for a continuous period of at least one year immediately preceding the application (in this Law referred to as “one year’s separation”) and the respondent consents to the dissolution of the partnership, or

(ii)    have lived apart for a continuous period of at least 2 years immediately preceding the application (in this Law referred to as “2 years’ separation”); or

(d)     the respondent has deserted the applicant without cause for a period of at least 2 years immediately preceding the application.

29    Restrictions on applications for dissolution during first 3 years after creation of civil partnership

(1)    No application shall be presented to the Court unless at the date of the application 3 years have passed since the date of the formation of the civil partnership.

(2)    The Court may, upon application being made to it in accordance with Rules of the Court, allow an application to be made before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the applicant, or of exceptional depravity on the part of the respondent, but, if it appears to the Court at the hearing of the application that the applicant obtained leave to present the application by any misrepresentation or concealment of the nature of the case, the Court may –

(a)     if it makes a conditional order, direct that no application to make the order final may be made until after the expiration of 3 years from the date of the formation of the civil partnership; or

(b)     dismiss the application, without prejudice to any application that may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the application so dismissed.

(3)    In determining any application under this Article for leave to apply before the expiration of 3 years from the date of formation of the civil partnership, the Court shall have regard to the interests of any children of the family and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.

30    Duty of Court on application for dissolution of civil partnership

(1)    On an application for dissolution of a civil partnership, it shall be the duty of the Court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the applicant and whether any collusion exists between the parties and also to inquire into any counter-charge which is made against the applicant.

(2)    Subject to paragraphs (3), (4) and (5) and to Article 31 if the Court is satisfied on the evidence that –

(a)     the case for the application has been proved; and

(b)     except in the case of an application presented on either of the grounds of one year’s or 2 years’ separation, the application is not made in collusion with the respondent,

the Court shall make a dissolution order.

(3)    If the Court is not satisfied that the case for the application has been proved, it shall dismiss the application.

(4)    If the Court is not satisfied that the application is not made in collusion with the respondent, it may in its discretion either make a dissolution order or dismiss the application.

(5)    Except in the case of an application made on either of the grounds of one year’s or 2 years’ separation, the Court shall not be bound to make a dissolution order and may dismiss the application if, in the opinion of the Court –

(a)     the applicant has delayed unreasonably in making or prosecuting the application; or

(b)     where the ground of the application is unsoundness of mind or desertion, the wilful neglect or misconduct of the applicant has conduced to the unsoundness of mind or desertion.

31    Refusal of dissolution of civil partnership in 2 years’ separation cases in certain circumstances

(1)    The respondent to an application for dissolution of a civil partnership in which the applicant alleges 2 years’ separation may oppose the application on the ground that the dissolution of the civil partnership would result in grave financial or other hardship to the respondent and that it would in all the circumstances be wrong to dissolve the partnership.

(2)    Where the application for dissolution is opposed by virtue of this Article, then –

(a)     if the Court finds that the applicant is entitled to rely in support of the application on the applicant’s allegation of 2 years’ separation and makes no such finding as to any other ground specified in Article 28; and

(b)     if apart from this Article the Court would make an order for the dissolution of the civil partnership,

the Court shall consider all the circumstances, including the conduct of the parties to the civil partnership and the interests of those parties and of any children or other persons concerned and, if of opinion that the dissolution of the civil partnership would result in grave financial or other hardship to the respondent and that it would, in all the circumstances, be wrong to make the order, it shall dismiss the application.

(3)    For the purposes of this Article, hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.

32    Special protection for respondent in separation cases

(1)    Provision shall be made by Rules of the Court for the purpose of ensuring that in one year’s separation cases, where the applicant alleges that the respondent consents to an order being made, that the respondent has been given such information as will enable the respondent to understand the consequences to the respondent of consenting to an order being made and the steps which the respondent must take to indicate that the respondent consents to the making of the order.

(2)    Where in any case the Court has made an order for the dissolution of the civil partnership solely on the ground of one year’s separation coupled with the respondent’s consent, the Court may, on an application made by the respondent at any time before the order is made final, rescind the order if it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to consent.

(3)    Paragraphs (4) and (5) apply where –

(a)     the respondent to an application for the dissolution of a civil partnership on the grounds of one year’s or 2 years’ separation coupled, in the former case, with the respondent’s consent to an order being made, has applied to the Court for consideration under paragraph (4) of the respondent’s financial position after the dissolution; and

(b)     the Court has made an order for the dissolution of the civil partnership solely on the ground of one year’s separation coupled with the respondent’s consent, or solely on the ground of 2 years’ separation, as the case may be.

(4)    The Court hearing an application by the respondent under paragraph (3) shall consider all the circumstances, including the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and the financial position of the respondent as, having regard to the dissolution order, it is likely to be after the death of the applicant should the applicant die first; and, subject to paragraph (5), the Court shall not make the order final unless it is satisfied –

(a)     that the applicant should not be required to make any financial provision for the respondent; or

(b)     that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances.

(5)    The Court may if it thinks fit make the order final notwithstanding the requirements of paragraph (4) if –

(a)     it appears that there are circumstances making it desirable that the order should be made final without delay; and

(b)     the Court has obtained a satisfactory undertaking from the applicant that the applicant will make such financial provision for the respondent as the Court may approve.

33    Separation orders

(1)    An application for a separation order may be presented to the Court by either civil partner on any ground on which an application for dissolution of the civil partnership might have been made, and where such application is made the duty of the Court on the presentation of an application for a dissolution and the circumstances in which such an application must or may be granted or dismissed shall apply in like manner to an application for separation.

(2)    The Court may, on the application of a civil partner against whom a separation order has been made, reverse the order on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the separation order, that there was reasonable cause for the alleged desertion.

(3)    The reversal of a separation order shall not affect the rights or remedies which any other person would have had if the order had not been reversed.

34    Application for dissolution of civil partnership after grant of separation order

(1)    A person shall not be prevented from making an application for dissolution of a civil partnership, or the Court from making an order for the dissolution of the civil partnership, by reason only that the applicant has at any time been granted a separation order or an order under the Separation and Maintenance Orders (Jersey) Law 1953[6], upon the same or substantially the same facts as those alleged in the application for dissolution of the civil partnership or proved in support thereof.

(2)    On any such application for dissolution of the civil partnership, the Court may treat the separation order or the order under the Separation and Maintenance Orders (Jersey) Law 1953, as the case may be, as sufficient proof of the ground on which it was granted, but the Court shall not make a dissolution order final without receiving the evidence of the applicant.

(3)    For the purposes of the application for an order for the dissolution of the civil partnership a period of desertion immediately preceding the institution of proceedings for a separation order or an order under the Separation and Maintenance Orders (Jersey) Law 1953 having the effect of a separation order shall, if the parties have not resumed cohabitation and the order has been continuously in force since being granted, be deemed immediately to precede the application for the dissolution order.

35    Relief to respondent on application for dissolution of civil partnership or separation order

If, in any proceedings for the dissolution of a civil partnership or a separation order, the respondent in his or her response opposes the application on the ground of unreasonable behaviour or desertion and, in such response requests relief on any such ground, the Court may give to the respondent the same relief to which the respondent would have been entitled if the respondent had presented an application for the dissolution of the civil partnership or a separation order, as the case may be, seeking such relief.

36    Decree of annulment

(1)    The Court may decree the annulment of a civil partnership on any ground on which a civil partnership is by law void or voidable under this Law, or on any of the following grounds –

(a)     that the civil partnership was formed as a result of fraud, threats or duress by the respondent upon or to the applicant;

(b)     that either party to the civil partnership was at the time of the formation of the civil partnership suffering from a mental disorder of a kind or to such an extent as to be unfit for civil partnership;

(c)     that at the time of the formation of the civil partnership the respondent was pregnant;

(d)     that an interim certificate has, after the formation of the civil partnership, been issued to either civil partner;

(e)     that either party to the civil partnership satisfies such conditions and has taken such steps, in an approved jurisdiction, for the recognition of his or her change of gender by that jurisdiction as –

(i)     are prescribed, in respect of that jurisdiction, by Order made by the Chief Minister, or

(ii)    if no conditions and steps are prescribed under clause (i) in respect of that jurisdiction, satisfy the Court that, but for the fact that the parties are still in a civil partnership (or an equivalent overseas relationship), the change of gender would be recognized by that jurisdiction;

(f)     that the respondent is a person whose gender at the time of the formation of the civil partnership had become the acquired gender.

(2)    In this Article “approved jurisdiction”, “interim certificate” and a reference to a person’s acquired gender have the same respective meanings as in Article 1 of the Gender Recognition (Jersey) Law 2010[7].

(3)    In any proceedings for annulment of a civil partnership, evidence of the question of gender shall be heard in camera unless, in any case, the Court is satisfied that in the interests of justice any such evidence ought to be heard in open court.

37    Bars to relief where civil partnership is voidable

(1)    The Court shall not make an annulment order on the ground that a civil partnership is voidable if the respondent satisfies the Court –

(a)     that the applicant, with knowledge that it was open to the applicant to obtain an annulment order, acted in relation to the respondent in such a way as to lead the respondent reasonably to believe that the applicant would not seek to do so; and

(b)     that it would be unjust to the respondent to make the order.

(2)    Without prejudice to paragraph (1), the Court shall not grant a decree of annulment on the ground mentioned in Article 36(1)(d) unless it is satisfied that proceedings were instituted within 6 months of the date of issue of the interim certificate.

(3)    Without prejudice to paragraph (1), the Court shall not make an annulment order by virtue of Article 36(1)(b) or (c) unless it is satisfied that –

(a)     the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged;

(b)     that the proceedings were instituted within a year from the date of the formation of the civil partnership; and

(c)     sexual intercourse with the consent of the applicant has not taken place since the discovery by the applicant of the existence of the grounds for an order.

38    Proceedings for presumption of death and dissolution of civil partnership order

(1)    Any civil partner who alleges that reasonable grounds exist for supposing that the other party to the civil partnership is dead may make an application to the Court to have it presumed that the other party is dead and to have the civil partnership dissolved, and the Court, if satisfied that such reasonable grounds exist, may make a presumption of death order.

(2)    In any such proceedings, the fact that for a period of 7 years or more the other party to the civil partnership has been continuously absent from the applicant and the applicant has no reason to believe that the other party has been living within that time shall be evidence that the other civil partner is dead, until the contrary is proved.

39    Conditional orders

(1)    Every order for the dissolution of a civil partnership or for annulment of the civil partnership or of presumption of death shall, in the first instance, be a conditional order and shall not be made final until after the expiration of such period, not exceeding 6 months, from the pronouncing thereof, as may be prescribed by Rules of Court, provided that the Court may, in any particular case, fix a shorter period where it considers it proper to do so.

(2)    After the making of a conditional order and before the order is made final, any person (including the Attorney General) may, in a manner prescribed by Rules of Court, show cause why the order should not be made final by reason of the order having been obtained by collusion or by reason of material facts not having been brought before the Court, and in any such case the Court may –

(a)     make the order final;

(b)     reverse the conditional order;

(c)     require further inquiry; or

(d)     otherwise deal with the case as the Court thinks fit.

(3)    Where a conditional order has been made and no application for the order to be made final has been made by the party who obtained the conditional order then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom the conditional order has been made may apply to the Court and the Court shall, on such application, have power to –

(a)     make the order final;

(b)     reverse the conditional order;

(c)     require further inquiry; or

(d)     otherwise deal with the case as the Court thinks fit.

40    Duties of Attorney General

(1)    In the case of any application for the dissolution of the civil partnership or for an annulment or presumption of death order –

(a)     the Court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Attorney General who shall argue before the Court any question in relation to the matter which the Court deems to be necessary or expedient to have fully argued;

(b)     any person may at any time during the progress of the proceedings or before the conditional order is made final give information to the Attorney General of any matter material to the due decision of the case, and the Attorney General may thereupon take such steps as the Attorney General considers necessary or expedient;

(c)     if, in consequence of any such information or otherwise, the Attorney General suspects –

(i)     that the order may be obtained contrary to the justice of the case, or

(ii)    that material facts are not before the Court,

the Attorney General may, after obtaining the leave of the Court, intervene and summon witnesses to prove any allegations which the Attorney General may think fit to make.

(2)    The Attorney General shall be entitled to charge the costs of the proceedings as part of the expenses of the Attorney General’s office.

41    Provisions as to costs where Attorney General intervenes or shows cause

(1)    Where the Attorney General intervenes or shows cause against a conditional order in any proceedings for the dissolution of a civil partnership or for an annulment or presumption of death order, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by the Attorney General in so doing, or as to the payment by the Attorney General of any costs incurred by any of the said parties by reason of the Attorney General’s so doing, as may seem just.

(2)    So far as the reasonable costs incurred by the Attorney General in so intervening or showing cause are not fully satisfied by any order made under this Article for the payment of the Attorney General’s costs, the Attorney General shall be entitled to charge the difference as part of the expenses of the Attorney General’s office, and any costs which under any order made by the Court under this Article the Attorney General pays to any parties shall be deemed to be part of the expenses of the Attorney General’s office.

42    Power to allow intervention on terms

In every case in which the Court considers, in the interest of any person not already a party to the proceedings, that that person should be made a party to the proceedings, the Court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the Court thinks just.

43    Abatement of proceedings

Without prejudice to the operation of any rule of law governing the abatement of any other proceedings under this Law, where a conditional order has been made in proceedings for the dissolution of the civil partnership or for an annulment order, the proceedings shall be abated if the applicant or the respondent dies before the conditional order is made final.

44    Provision for children

(1)    In any proceedings for the dissolution of a civil partnership or for a separation or annulment order, the Court may from time to time, either before or after the final order, make such provision as appears just with respect to the maintenance of any children of the family in relation to the parties to the civil partnership which is the subject of the proceedings.

(2)    Subject to paragraph (3), on making an order for the dissolution of the civil partnership, or an annulment or separation order or at any time thereafter, whether before or after the order has been made final, the Court shall have power to order either civil partner to secure for the benefit of any children of the family such gross sum of money or annual sum of money as the Court may deem reasonable, and the Court may for that purpose settle and approve a proper deed or instrument to be executed by all necessary parties.

(3)    The term for which any sum of money is secured for the benefit of a child under paragraph (2) shall not extend beyond the date when the child will attain the age of 21.

45    Restrictions on decrees for dissolution, annulment or separation affecting children

(1)    In any proceedings for an order for the dissolution of the civil partnership, or for an annulment or separation order, the Court shall consider –

(a)     whether there are any children of the family to whom this Article applies; and

(b)     where there are any such children, whether (in the light of the arrangements which have been made, or are proposed to be made, for their upbringing and welfare) it should exercise any of its powers under the Children (Jersey) Law 2002 with respect to any of them.

(2)    Where it appears to the Court, in any case in which there are any children to which this Article applies, that –

(a)     the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the Children (Jersey) Law 2002 with respect to any such child;

(b)     it is not in a position to exercise that power or (as the case may be) those powers, without giving further consideration to the case; and

(c)     there are exceptional circumstances which make it desirable in the interests of the child that the Court should give a direction under this Article,

it may direct that the order for the dissolution of the civil partnership or the annulment order should not be made final, or that the separation order should not be granted, until the Court orders otherwise.

(3)    This Article applies to –

(a)     any children of the family who have not yet reached the age of 16 at the date when the Court considers the case in accordance with the requirements of this Article; or

(b)     any children of the family who have reached that age at that date and in relation to whom the Court directs that this Article shall apply.

46    Rights of succession etc. on dissolution or annulment of civil partnership

Where a final order has been made for the dissolution or annulment of a civil partnership, neither of the parties to the civil partnership shall be entitled, upon the death of the other, to any share or interest in the movable estate of the deceased person, or to any rights of dower in the immovable estate of the deceased or any other person.

47    Power of Court to vary settlements after dissolution or annulment of civil partnership

(1)    After a final order for the dissolution or annulment of a civil partnership has been made, the Court may, upon the application of either party to the civil partnership which is the subject of such order, or upon the application of any person beneficially interested, cancel, vary or modify, or terminate the trusts of any settlement or terms of separation subsisting between the parties to the civil partnership made –

(a)     during the subsistence of the civil partnership; or

(b)     in anticipation of its formation,

in any manner which, having regard to the means of the parties, the conduct of either of them insofar as it may be inequitable to disregard it or the interests of any child of the family, appears to the Court to be just.

(2)    The Court may exercise the powers conferred by this Article in relation to –

(a)     a civil partnership formed outside Jersey, provided it is recognized under this Law; or

(b)     a settlement or separation agreement made or entered into outside Jersey.

48    Power of Court to order transfer or settlement of property

(1)    Where a final order for the dissolution or annulment of a civil partnership, or a separation order, has been made, the Court may, having regard to all the circumstances of the case, including the conduct of the parties to the civil partnership, insofar as it may be inequitable to disregard it, and to their actual and potential financial circumstances, order –

(a)     that one party to civil partnership transfer to the other party to the civil partnership or to any child of the family, or to such person as may be specified in the order for the benefit of such child or children, any property whether movable or immovable to which the first mentioned party is entitled;

(b)     that a settlement of any property whether movable or immovable to which one party to the civil partnership is entitled be made to the satisfaction of the Court for the benefit of the other party to the civil partnership or of any child of the family.

(2)    An order made under this Article, in so far as such order relates to a separation order, shall be deemed to be part of the terms of separation between the parties within the meaning of this Law.

49    Financial provision for party to a civil partnership in cases of dissolution etc.

(1)    Where an order for the dissolution or annulment of a civil partnership, or a separation order, has been made, the Court may, having regard to all the circumstances of the case, including the conduct of the parties to the civil partnership insofar as it may be inequitable to disregard it, and to their actual and potential financial circumstances, order –

(a)     that one party to the civil partnership shall pay to the other party to the civil partnership during their joint lives or for such other term as may be specified in the order such annual or other periodic sum for the maintenance and support of that other party as the Court may think reasonable;

(b)     that one party to the civil partnership shall pay to the other party to the civil partnership such lump sum or sums as the Court may think reasonable whether or not any sum is ordered to be paid under sub-paragraph (a);

(c)     that security be given for the payment of any sum or sums ordered to be paid under sub-paragraphs (a) and (b);

(d)     that where security is given under sub-paragraph (c), the order of the Court by which such security is given shall take effect upon registration in the Public Registry as a judicial hypothec upon the immovable property of the person against whom such order of the Court has been made as if it were an act or judgment of the Court to which Article 13 of the Loi (1880) sur la propriété foncière[8] applied.

(2)    Without prejudice to the generality of paragraph (1)(b), an order under this Article that one party to the civil partnership shall pay a lump sum to the other party to the civil partnership –

(a)     may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before the making of an application for an order under this Article;

(b)     may provide for the payment of that sum by instalments of such amount as may be specified in the order.

(3)    In making any order under this Article, the Court shall have regard to the benefits accruing to the party in whose favour such order is made under any other order made in pursuance of this Law.

50    Power of Court to order sale of property

(1)    Subject to paragraph (7), where the Court makes an order under Article 47, 48 or 49 then, on making that order or at any time thereafter, the Court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the civil partnership has or have a beneficial interest, either in possession or reversion.

(2)    Any order made under paragraph (1) may contain such consequential or supplementary provisions as the Court thinks fit and, without prejudice to the generality of paragraph (1), may include –

(a)     provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates; and

(b)     provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.

(3)    Where an order is made under paragraph (1) on or after an order for the dissolution or annulment of the civil partnership, the order shall not take effect until the making of a final order for the dissolution or annulment of the civil partnership.

(4)    Where an order is made under paragraph (1), the Court may direct that the order, or such provision of it as the Court may specify, shall not take effect until the occurrence of an event specified by the Court or the expiration of a period so specified.

(5)    Where an order under paragraph (1) contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a person who is a party to the civil partnership, the order shall cease to have effect on the formation of a subsequent civil partnership or marriage by that person, or death of that person.

(6)    Where a party to a civil partnership has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the civil partnership also has a beneficial interest in that property or in the proceeds of sale of it, then, before deciding whether to make an order under paragraph (1) in relation to that property, it shall be the duty of the Court to give that other person an opportunity to make representations with respect to the order.

(7)    Paragraph (1) shall not apply in the case of an order made under Article 49(1)(a) unless in such case an order is also made under Article 49(1)(c).

(8)    In this Article a reference to property shall be construed as a reference to property whether movable or immovable.

51    Contributions for support: interim orders

On any application for the dissolution or annulment of a civil partnership, or for a separation order, the Court may, if it thinks fit, by interim order direct one party to the civil partnership to pay to the other party to the civil partnership such sums for the maintenance and support of that other party as the Court thinks just, and any such interim order shall remain in force until it is discharged by the Court or until the Court makes a definitive order in respect of it or until the relief sought in the application is refused.

52    Payment of contributions for support to persons having charge of respondent of unsound mind

Where an order for the dissolution or annulment of a civil partnership, or for a separation order is granted to a civil partner on the ground of the unsoundness of mind of the other party, the Court may direct that any payments of contributions for support which, under Article 49 or 51, it orders to be made shall be made to such persons having charge of the other party as the Court directs.

53    Power to vary orders

(1)    The Court may from time to time rescind, discharge or vary any order made under Article 44, 47, 48, 49, 50 or 51 or suspend any of the provisions of the order temporarily or revive the operation of any of the provisions so suspended.

(2)    In exercising the powers conferred by this Article, the Court shall have regard to all the circumstances of the case, including any increase or decrease in the means of either of the parties to the civil partnership.

54    Ascertainment of assets and liabilities of parties

(1)    For the purposes of Article 44, 47, 48, 49, 51 or 53, the Court may require the civil partners in the proceedings to file a sworn declaration detailing their assets and liabilities and particulars of all charges against such assets.

(2)    The Court may sit in camera for the verification of the assets and liabilities of the parties and for the purpose of deciding upon the nature and extent of the order or orders, if any, proper to be made in the case.

55    Execution of instruments by order of the Court

Where any person neglects or refuses to comply with an order of the Court directing the person to execute or make any conveyance, assignment, or other document or instrument or indorsement, for giving effect to any order of the Court under Article 44, 47, 48, 49, 50 or 53, the Court may, on such terms and conditions, if any, as may be just, order that the conveyance, assignment, or other document or instrument or indorsement, shall be executed, made or done by such person as the Court nominates for the purpose, at the cost of the person in default, or otherwise, as the Court directs, and a conveyance, assignment, document, instrument or indorsement so executed, made or done shall operate and be for all purposes available as if it had been executed, made or done by the person originally directed to execute, make or do it.

56    Death of party after final order for the dissolution or annulment of civil partnership

(1)    In the event of the death of either of the parties to proceedings for the dissolution or annulment of a civil partnership after the final order has been made but before any definitive order under Article 47, 48 or 49 has been made, the Court may make any such order which it could lawfully have made if such death had not occurred, and the said order shall take effect as if it had been made immediately before the death.

(2)    The Court may make an order under this Article on the application of any person who is, in the opinion of the Court, an interested person, if the Court is satisfied that notice of the proceedings has been given to every person whose interests may be affected by the order or to the attorneys of such persons.

57    Entering into a subsequent civil partnership after dissolution, annulment or presumption of death

As soon as any order for the dissolution or annulment of a civil partnership has been made final, or where a final presumption of death order is made, either party to the civil partnership –

(a)     if there is no right of appeal against the final order, may form another civil partnership or marry as if the prior civil partnership had been dissolved by death; or

(b)     if there is such a right of appeal, may form a new civil partnership or marry –

(i)     if no appeal is presented against the final order, as soon as the time for appealing has expired, or

(ii)    if an appeal is lodged, as soon as the appeal has been dismissed.

58    Regulation of reports

(1)    It shall not be lawful to print or publish, or cause or procure to be printed or published –

(a)     in relation to any judicial proceedings for dissolution or annulment of a civil partnership or the separation of civil partners, on the ground of the respondent’s incurable unsoundness of mind, any particulars whatsoever;

(b)     in relation to any judicial proceedings for dissolution or annulment of a civil partnership or the separation of civil partners, on any other ground, any particulars other than the following –

(i)     the names, addresses and occupations of the parties and witnesses,

(ii)    a concise statement of the charges, defences and counter-charges in support of which evidence has been given,

(iii)   submissions on any point of law arising in the course of the proceedings and the decision of the Court on it,

(iv)   the judgment of the Court and observations made by members of the Court in giving judgment,

provided that nothing in this sub-paragraph shall be held to permit the publication of any details or special matter likely to injure public morals.

(2)    A person who acts in contravention of the provisions of this Article shall be guilty of an offence and liable to a fine.

(3)    No person, other than a proprietor, editor, master printer or publisher of a newspaper or other vehicle of publication of the matter in respect of which the prosecution is instituted shall be liable to be convicted under this Article.

(4)    Nothing in this Article shall apply to the printing of any pleadings, transcript of evidence or other document for use in connection with any judicial proceedings or the communication of them to persons concerned in the proceedings, or to the printing or publishing of any copies or report in pursuance of directions of the Court, or to the printing or publication of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in Courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions.

Part 4

RECOGNITION of dissolution OR annulment of civil partnership or separation of civil partners

59    Recognition of dissolution, annulment and other proceedings granted in the British Islands

Subject to Article 66 the validity of an order for the dissolution or annulment of a civil partnership, or for the separation of the civil partners shall, if it has been obtained from a court in any part of the British Islands, be recognized in Jersey.

60    Overseas dissolution, annulment and legal separations

Articles 61, 62 and 63 shall have effect, subject to Article 66, as respects the recognition in Jersey of the validity of overseas orders for the dissolution or annulment of a civil partnership, or for the legal separation of civil partners, that is to say, dissolutions and legal separations which –

(a)     have been obtained by means of judicial or other proceedings in any country outside the British Islands; and

(b)     are effective under the law of that country.

61    Grounds for recognition

(1)    The validity of an overseas order for the dissolution or annulment of a civil partnership or legal separation of civil partners shall be recognized if, at the date of the institution of the proceedings in the country in which it was obtained –

(a)     either civil partner was habitually resident in that country; or

(b)     either civil partner was a national of that country.

(2)    In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of dissolution or annulment of civil partnerships, or legal separation of civil partners, paragraph (1)(a) shall have effect as if the reference to habitual residence included a reference to domicile within the meaning of that law.

(3)    In relation to a country comprising territories in which different systems of law are in force in matters of dissolution or annulment of civil partnerships, or legal separation of civil partners, the foregoing provisions of this Article, except those relating to nationality, shall have effect as if each territory were a separate country.

62    Cross-proceedings and dissolutions or annulment following legal separations

(1)    Where there have been cross-proceedings, the validity of an overseas dissolution or annulment of a civil partnership, or legal separation of civil partners, obtained either in the original proceedings or in the cross-proceedings shall be recognized if the requirements of Article 61(1)(a) or (b) are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings.

(2)    Where a legal separation of civil partners the validity of which is entitled to recognition by virtue of Article 61 or of paragraph (1) is converted, in the country in which it was obtained, into a dissolution or annulment of the civil partnership, the validity of that dissolution or annulment shall be recognized whether or not it would itself be entitled to recognition by virtue of those provisions.

63    Proof of facts relevant to recognition

(1)    For the purpose of deciding whether an overseas dissolution or annulment of a civil partnership or an overseas legal separation of civil partners is entitled to recognition by virtue of the foregoing provisions of this Law, any finding of fact made, whether expressly or by implication, in the proceedings by means of which the dissolution or annulment, or legal separation, was obtained and on the basis of which jurisdiction was assumed in those proceedings shall –

(a)     if both partners took part in the proceedings, be conclusive evidence of the fact found; and

(b)     in any other case, be sufficient proof of that fact unless the contrary is shown.

(2)    In this Article “finding of fact” includes a finding that either partner was habitually resident or domiciled in, or a national of, the country in which the dissolution, annulment or legal separation was obtained, and for the purposes of paragraph (1)(a), a partner who has appeared in judicial proceedings shall be treated as having taken part in them.

64    Certain existing rules of recognition to continue in force

This Law is without prejudice to the recognition of the validity of dissolutions or nullities of civil partnerships, and legal separations of civil partners, obtained outside the British Islands –

(a)     by virtue of any rule of law relating to dissolutions or nullities, or legal separations, of civil partners obtained in the country of the civil partners’ domicile or obtained elsewhere and recognized as valid in that country; or

(b)     by virtue of any enactment other than this Law,

but, save as aforesaid, no such dissolution or annulment, or legal separation, shall be recognized as valid in Jersey except as provided in this Law.

65    Non-recognition of dissolution or annulment by third country no bar to subsequent civil partnership or marriage of either party

Where the validity of a dissolution or annulment of a civil partnership obtained in any country is entitled to recognition by virtue of the foregoing provisions of this Law or by virtue of any rule or enactment preserved by Article 64, neither civil partner shall be precluded from entering into a subsequent civil partnership or marriage in Jersey on the ground that the validity of the dissolution or annulment of the civil partnership would not be recognized in any other country.

66    Exceptions from recognition

(1)    The validity of –

(a)     an order for the dissolution of a civil partnership, or a separation order in respect of civil partners, granted under the law of any part of the British Islands; or

(b)     the dissolution of a civil partnership, or legal separation of civil partners, obtained outside the British Islands,

shall not be recognized in Jersey if it was granted or obtained at a time when, according to the law of Jersey including its rules of private international law and the provisions of this Law, there was no subsisting civil partnership between the parties.

(2)    Subject to paragraph (1), recognition by virtue of this Law or of any rule preserved by Article 64 of the validity of a dissolution of a civil partnership, or legal separation of civil partners, obtained outside the British Islands may be refused if, and only if –

(a)     it was obtained by one civil partner –

(i)     without such steps having been taken for giving notice of the proceedings to the other civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or

(ii)    without the other civil partner having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as the civil partner should reasonably have been given; or

(b)     its recognition would manifestly be contrary to public policy.

(3)    Nothing in this Law shall be construed as requiring the recognition of any findings of fault made in any proceedings for the dissolution of a civil partnership, or the legal separation of civil partners, or of any maintenance, custody or other ancillary order made in any such proceedings.

67    Recognition of dissolution, annulment or legal separation obtained before commencement of this Law

The provisions of this Law relating to overseas dissolutions or nullities of civil partnerships and legal separations of civil partners and other dissolutions, nullities and legal separations obtained outside the British Islands apply to a dissolution or annulment of a civil partnership or legal separation of civil partners obtained before the date of the commencement of this Article as well as to one obtained on or after that date, and, in the case of a dissolution or legal separation obtained before that date –

(a)     require, or, as the case may be, preclude the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time; but

(b)     do not affect any property rights to which any person became entitled before that date or which apply where the question of the validity of the dissolution, annulment or legal separation has been decided by any competent court in the British Islands before that date.

part 5

Supplementary

68    Service of application

In any proceedings under this Law, any application, notice or other document may be served on the party to be affected thereby, either within or without Jersey, in such manner as may be prescribed by Rules of Court.

69    Rules of Court

The power to make Rules of Court under Article 13 of the Royal Court (Jersey) Law 1948 shall include a power –

(a)     to make Rules for the purposes of this Law and proceedings made under this Law; and

(b)     to make provision authorizing the Judicial Greffier to exercise such powers or to discharge such functions of the Court under this Law or under the proviso to Article 3 of the Separation and Maintenance Orders (Jersey) Law 1953 as may be prescribed in relation to such proceedings as may be prescribed.

70    Amendment of other enactments

The enactments specified in Schedule 4 are amended in the manner specified in the Schedule.

71    Power to make further provision in connection with civil partnerships

(1)    The States may by Regulations amend this Law so as to permit the solemnization of civil partnerships –

(a)     in any building used as a place of worship by an established and recognized religion or church;

(b)     by persons authorized to solemnize civil partnerships in any such building.

(2)    Regulations made under paragraph (1) may include provisions concerning –

(a)     the registration of a building, or a part of a building, permitted to be used for the solemnization of a civil partnership pursuant to this Law, as amended by paragraph (1);

(b)     the payment of such fees to the Superintendent Registrar in respect of any application, notice or certificate issued for the registration of such a building, or the attendance of any person at that building, as may be prescribed by Order;

(c)     the authorization of a person or persons to solemnize or register civil partnerships in such a building;

(d)     the duties required to be performed by an authorized person in connection with the solemnization of civil partnerships; and

(e)     any other provision the States consider appropriate for the purposes of paragraph (1).

(3)    The States may by Regulations make such amendments to any enactment, including any provision of Schedule 4 that is not in force, as appear to the States to be expedient –

(a)     for the general purposes, or any particular purpose, of this Law;

(b)     in consequence of any provision made by or under this Law; or

(c)     for giving full effect to this Law or any provision of it.

72    Regulations and Orders

(1)    The Minister (or, in relation to Article 36, the Chief Minister) may by Order prescribe anything that may or shall be prescribed under this Law, other than anything that may be prescribed by Rules of Court.

(2)    The power to make Regulations or Orders includes power to make any supplementary, incidental, consequential, transitional, transitory or saving provision which appear to the States, the Minister or the Chief Minister, as the case may be, to be necessary or expedient for the purposes of the Regulations or Order.

73    Citation and commencement

This Law may be cited as the Civil Partnership (Jersey) Law 2012 and the provisions of this Law shall come into force on such day or days as the States may by Act appoint.

a.h. harris

Deputy Greffier of the States


SCHEDULE 1

(Article 2)

OVERSEAS RELATIONSHIPS

1      Meaning of overseas relationship

(1)    For the purposes of this Law an overseas relationship is a relationship which –

(a)     is a specified relationship, or a relationship which meets the general conditions in sub-paragraph (2); and

(b)     is registered (whether before or after the passing of this Law) with a responsible authority in a country or territory outside Jersey by 2 people –

(i)     who under the relevant law are of the same sex at the time when they do so, and

(ii)    neither of whom is already a civil partner or lawfully married.

(2)    The general conditions are that –

(a)     the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married;

(b)     the relationship is of indeterminate duration; and

(c)     the effect of entering into the relationship is that the parties are –

(i)     treated as a couple either generally or for specified purposes, or

(ii)    treated as married.

(3)    In this Schedule “relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).

2      Specified relationships

(1)    A relationship is a specified relationship if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column.

Country or territory

Description

Andorra

unió estable de parella

Australia: Tasmania

significant relationship

Belgium

the relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches zusammenwohnen

Belgium

marriage

Canada

marriage

Canada: Nova Scotia

domestic partnership

Canada: Quebec

the relationship referred to as union civile or as civil union

Denmark

registreret partnerskab

Finland

the relationship referred to as rekisteröity parisuhde or as registerad partnerskap

France

pacte civile de solidarité

Germany

Lebenspartnerschaft

Iceland

staðfesta samvist

Luxembourg

the relationship referred to as partenariat enregistré or eingetragene partnerschaft

Netherlands

geregistreerde partnerschap

Netherlands

marriage

New Zealand

civil union

Norway

registrert partnerskap

Spain

marriage

Sweden

registrerat partnerskap

United States of America: California

domestic partnership

United States of America: Connecticut

civil union

United States of America: Maine

domestic partnership

United States of America: Massachusetts

marriage

United States of America: New Jersey

domestic partnership

United States of America: Vermont

civil union

(2)    The States may by Regulations amend the list contained in sub-paragraph (1) by –

(a)     adding a relationship;

(b)     amending the description of a relationship; or

(c)     omitting a relationship.

3      Overseas relationships treated as civil partnerships

(1)    Two people are to be treated for the purposes of this Law as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they –

(a)     had capacity to enter into the relationship; and

(b)     met all requirements necessary to ensure the formal validity of the relationship.

(2)    Subject to sub-paragraph (3), the time when they are to be treated for the purposes of this Law as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into.

(3)    If the overseas relationship is registered (under the relevant law) as having been entered into before this Schedule comes into force, the time when they are to be treated as having formed a civil partnership is the time when this Schedule comes into force.

4      The same-sex requirement

(1)    Two people are not to be treated for the purposes of this Law as having formed a civil partnership as a result of having registered an overseas relationship if, at the critical time, they were not of the same sex under Jersey law.

(2)    But if a full gender recognition certificate is issued under the Gender (Recognition) (Jersey) Law 2010 to a person who has registered an overseas relationship which is within sub-paragraph (4), after the issue of the certificate the relationship is no longer prevented from being treated as a civil partnership on the ground that, at the critical time, the parties were not of the same sex.

(3)    Sub-paragraph (2) does not apply to an overseas relationship which is within sub-paragraph (4) if either of the parties has formed a subsequent civil partnership or lawful marriage.

(4)    An overseas relationship is within this sub-paragraph if (and only if), at the time mentioned in paragraph 3(2) of this Schedule –

(a)     one of the parties (“A”) was regarded under the relevant law as having changed gender (but was not regarded under Jersey law as having done so); and

(b)     the other party was (under Jersey law) of the gender to which A had changed under the relevant law.

(5)    For the purposes of sub-paragraph (1) and (2), the critical time is –

(a)     except as provided in clause (b), the time when the overseas relationship is registered under the relevant law as having been entered into; or

(b)     if under the relevant law the relationship is registered as having been entered into before this Schedule comes into force, the time when this Schedule comes into force.

5      Person domiciled in a British Island

If an overseas relationship has been registered by a person who was at the time of its registration domiciled in Jersey, the 2 people concerned are not to be treated, for the purposes of this Law, as having formed a civil partnership if, at the time of the registration –

(a)     either of them was under 16 years of age; or

(b)     they would have been within a prohibited degree of relationship under Schedule 2 if they had been registering as civil partners of each other in Jersey.

6      The public policy exception

Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognize the capacity, under the relevant law, of one or both of them to enter into the relationship.


SCHEDULE 2

(Article 4)

PROHIBITED DEGREES OF RELATIONSHIP

1      Two people are related within a prohibited degree if one falls within the list below in relation to the other –

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

Grandchild

Grandparent

Parent

Parent’s sibling

Sibling

Sibling’s child.

2      In the list “sibling” means a brother, sister, half-brother or half-sister.

3      Two people are within a prohibited degree of relationship if one of them falls within the list below in relation to the other, unless –

(a)     both of them have reached 21 at the time when they become civil partners of each other; and

(b)     the younger has not at any time before reaching 18 been a child of the family in relation to the other –

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse.

4      In this Schedule “child of the family”, in relation to another person, means a person who –

(a)     has lived in the same household as that other person; and

(b)     has been treated by that other person as a child of his family.

5      Two people are within prohibited degrees of relationship if one falls within column 1 of the table below in relation to the other, unless –

(a)     both of them have reached 21 at the time when they become civil partners of each other; and

(b)     the persons who fall within column 2 are dead.

Relationship

Relevant deaths

Former civil partner of child

The child

The child’s other parent

Former spouse of child

The child

The child’s other parent

Parent of former civil partner

The former civil partner

The former civil partner’s other parent

Parent of former spouse

The former spouse

The former spouse’s other parent


SCHEDULE 3

(Article 5)

CONSENTS REQUIRED TO THE CIVIL PARTNERSHIP OF A MINOR

1      The consents are –

(a)     subject to sub-paragraphs (b) to (d), the consent of –

(i)     each parent (if any) of the minor who has parental responsibility for the minor, and

(ii)    each guardian (if any) of the minor;

(b)     where a residence order is in force with respect to the minor, the consent of the person or persons with whom the minor lives, or is to live, as a result of the order (in substitution for the consents mentioned in sub-paragraph (a));

(c)     where a care order is in force with respect to the minor, the consent of the Minister for Health and Social Services (in addition to the consents mentioned in sub-paragraph (a)); and

(d)     where neither sub-paragraph (b) nor (c) applies but a residence order was in force with respect to the minor immediately before the minor reached the age of 16, the consent of the person or persons with whom the minor lives, or was to live, as a result of the order (in substitution for the consent mentioned in sub-paragraph (a)).

2      In this Schedule “care order”, “guardian”, “parental responsibility” and “residence order” have the same meaning as in the Children (Jersey) Law 2002.


SCHEDULE 4

(Article 70)

AMENDMENT OF OTHER ENACTMENTS

1      Adoption (Jersey) Law 1961 amended

(1)    In this paragraph “Law” means the Adoption (Jersey) Law 1961[9].

(2)    In Article 1 of the Law –

(a)     after the definition of “approved adoption society” there shall be inserted the following definition –

“ ‘civil partnership couple’ means a couple who have formed a civil partnership;”;

(b)     in the definition of “infant”, after the word “married” there shall be added the words “, or who is or has been a civil partner”;

(c)     in the definition of “relative” –

(i)     for the word “affinity” there shall be substituted the words “marriage or civil partnership”,

(ii)    after the word “wedlock” there shall be inserted the words “or in the course of a civil partnership”.

(3)    In Article 10 of the Law –

(a)     in paragraph (1) after the words “2 spouses” in both places where they appear there shall be added the words “, or both partners of a civil partnership,”;

(b)     in paragraph (3) after the word “spouse” there shall be added the words “or civil partner”.

(4)    In Article 11(2) of the Law after the word “spouses” there shall be added the words “or both partners of a civil partnership”.

(5)    In Article 15(1) of the Law after the word “spouses” there shall be added the words “or both partners of a civil partnership”.

(6)    In Article 20 of the Law –

(a)     for paragraph (1) there shall be substituted the following paragraph –

“(1)    An adopted infant shall be treated in law –

(a)     where his or her adopters are a married couple or a civil partnership couple, as if he or she had been born as a child of the marriage or civil partnership, as the case may be (whether or not he or she was born after that marriage or civil partnership); and

(b)     in any other case as if he or she had been born to the adopter –

(i)     in wedlock (but not as a child of any actual marriage of the adopter), or

(ii)    in the course of a civil partnership.”;

(b)     in paragraph (4) after the word “marriage” there shall be inserted the words “or civil partnership”.

(7)    In Article 23(6)(a) of the Law after the words “2 spouses jointly” there shall be inserted the words “or by both partners of a civil partnership jointly”.

(8)    In Article 27(1)(a) of the Law for the words “blood or marriage” there shall be substituted the words “blood, marriage or civil partnership”.

(9)    In Article 30(2) of the Law –

(a)     after the word “married” there shall be inserted the words “or to form a civil partnership”;

(b)     for the words “the person whom he or she intends to marry” there shall be substituted the words “the intended spouse or intended civil partner”;

(c)     after the words “Marriage and Civil Status (Jersey) Law 2001” there shall be added the words “or by Article 4 of, and Schedule 2 to, the Civil Partnership (Jersey) Law 2012[10]”.

(10)  In Article 33(4) of the Law –

(a)     in sub-paragraph (f) the word “or” shall be deleted;

(b)     in sub-paragraph (g) for the word “marriage,” there shall be substituted the words “marriage; or”;

(c)     after sub-paragraph (g) there shall be added the following sub-paragraph –

“(h)     on becoming a civil partner,”.

2      Anatomy and Human Tissue (Jersey) Law 1984 amended

In the Anatomy and Human Tissue (Jersey) Law 1984[11] in Articles 2(1)(b), 2(2)(b) and 3(2)(b) after the words “surviving spouse” wherever they appear there shall be inserted the words “, surviving civil partner”.

3      Banking Business (Jersey) Law 1991 amended

(1)    In this paragraph “Law” means the Banking Business (Jersey) Law 1991[12].

(2)    In Article 1 of the Law in paragraph (a) of the definition of “associate”, after the word “husband” there shall be inserted the words “or civil partner”.

(3)    In Article 2(5)(a) and (c) of the Law after the word “spouse” wherever it appears there shall be inserted the words “or civil partner”.

4      Bankruptcy (Désastre) (Jersey) Law 1990 amended

(1)    In this paragraph “Law” means the Bankruptcy (Désastre) (Jersey) Law 1990[13].

(2)    In Article 12 of the Law –

(a)     after paragraph (1) there shall be inserted the following paragraph –

“(1A)      Where any property vesting in the Viscount pursuant to Article 8(1) or 9(3) represents the civil partnership home or an interest in part thereof the civil partner of the debtor, not being a person in respect of whom a declaration has been made and not recalled, may, within 3 months of the date of the declaration, apply to the court for such order as is referred to in paragraph (5) as the court thinks fit.”.

(b)     in paragraphs (4) and (8) after the words “matrimonial home” wherever they appear there shall be inserted the words “or civil partnership home”;

(c)     in paragraphs (4), (8) and (9)(a) after the word “spouse” wherever it appears there shall be inserted the words “or civil partner”;

(d)     in paragraph (5) after the words “paragraph (1)” there shall be inserted the words “or (1A)”;

(e)     in paragraph (12) immediately before the definition of “dependants” there shall be inserted the following definitions –

“ ‘civil partner’ includes a person with whom the debtor is alleged to be in a civil partnership by habit and repute;

‘civil partnership home’ means the residence that is used habitually or from time to time by the debtor and the debtor’s civil partner or either of them as the only or principal family residence;”.

(3)    In Article 17B of the Law –

(a)     in paragraph (2)(a) and (b) after the words “husband or wife” wherever they appear there shall be inserted the words “or civil partner”;

(b)     after paragraph (4) there shall be added the following paragraph –

“(4A)      References in this Article to a civil partner include a former civil partner and a reputed civil partner.”.

(4)    In Article 20(1)(b) of the Law after the words “wife or husband” there shall be inserted the words “or civil partner”.

(5)    In Article 22 of the Law after the word “spouse” there shall be inserted the words “or civil partner”.

5      Children (Jersey) Law 2002 amended

(1)    In this paragraph “Law” means the Children (Jersey) Law 2002[14].

(2)    In Article 1 of the Law –

(a)     for the definition of “child of the family”, substitute the following definition –

“ ‘child of the family’ in relation to parties to a marriage or a civil partnership, means –

(a)     a child of both of those parties; and

(b)     any other child, other than a child placed with them as foster parents by the Minister or a voluntary organization, who has been treated by both of those parties as a child of their family;”;

(b)     in the definition of “relative” for the words “by affinity” substitute the words “by marriage or civil partnership”.

(3)    After Article 8(4) of the Law there shall be inserted the following paragraph –

“(4A)      An appointment under Article 7(3) or (4) (including one made in a will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either –

(a)     the court by order dissolves or annuls the civil partnership; or

(b)     the civil partnership is dissolved and the dissolution is entitled to recognition in Jersey by virtue of Part 4 of the Civil Partnership (Jersey) Law 2012[15],

unless a contrary intention appears by the appointment.”.

(4)    In Article 10(4)(a) of the Law after the word “marriage” there shall be inserted the words “or civil partnership”.

(5)    In Article 24(3) of the Law after the word “married” there shall be inserted the words “or in a civil partnership”.

(6)    In Article 43(2) of the Law after the word “spouse” there shall be inserted the words “or civil partner”.

(7)    In Article 45(8) of the Law after the word “spouse” there shall be inserted the words “or civil partner”.

(8)    In Article 74 of the Law after the word “spouse” wherever it appears there shall be inserted the words “or civil partner”.

(9)    In paragraph 12 of Schedule 1 to the Law after the words “married to” there shall be inserted the words “, or in a civil partnership with,”.

(10)  In paragraph 13(b) of Schedule 1 to the Law after the word “marriage” there shall be inserted the words “or civil partnership”.

6      Companies (Jersey) Law 1991 amended

(1)    In this paragraph “Law” means the Companies (Jersey) Law 1991[16].

(2)    In Article 58A(9)(b) of the Law after the word “widowers” there shall be inserted the words “, civil partners or surviving civil partners”.

(3)    In Articles 123(7) and 210 of the Law after the word “spouse” wherever it appears there shall be inserted the words “or civil partner”.

(4)    In Article 176B(2)(a) and (b) and (4) of the Law after the word “wife” wherever it appears there shall be inserted the words “or civil partner”.

7      Employment (Jersey) Law 2003 amended

(1)    In this paragraph “Law” means the Employment (Jersey) Law 2003[17].

(2)    In Articles 77B(4)(a) and 77C(3)(a) of the Law after the word “widow” wherever it appears there shall be inserted the words “, or any civil partner or surviving civil partner,”.

(3)    For Article 97(4) of the Law there shall be substituted the following paragraph –

“(4)    No person shall be required under paragraph (1)(b) or (c) to answer any question or furnish any information which might incriminate the person or –

(a)     if married, the person’s spouse; or

(b)     if in a civil partnership, the person’s civil partner.”.

8      Fatal Accidents (Jersey) Law 1962 amended

(1)    In this paragraph “Law” means the Fatal Accidents (Jersey) Law 1962[18].

(2)    In Article 1(2)(b) of the Law for the words “by affinity” there shall be substituted the word “by marriage or by civil partnership”.

(3)    In Article 2(2)(a) of the Law after the word “husband,” there shall be inserted the words “civil partner,”.

(4)    For Article 4(2) of the Law there shall be substituted the following paragraph –

“(2)    In assessing damages payable to the spouse, civil partner or child of a deceased person in respect of the death of that deceased person in any action under this Law, no account shall be taken of a subsequent marriage or civil partnership, or the prospects of a subsequent marriage or civil partnership, of the spouse or civil partner, as the case may be, of the deceased person.”.

9      Financial Services (Jersey) Law 1998 amended

(1)    In this paragraph “Law” means the Financial Services (Jersey) Law 1998[19].

(2)    In Article 1(1) of the Law in sub-paragraph (a) of the definition of “associate”, after the word “wife” there shall be inserted the words “or civil partner”.

(3)    In paragraph 9(2)(b) of Schedule 2 to the Law for the words “wives, husbands, widows, widowers” there shall be substituted the words “wives, husbands, civil partners, widows, widowers, surviving civil partners”.

(4)    In the note to paragraph 11 of Schedule 2 to the Law, after the word “spouse” there shall be inserted the words “or civil partner”.

10    Gender Recognition (Jersey) Law 2010 amended

(1)    In this paragraph “Law” means the Gender Recognition (Jersey) Law 2010[20].

(2)    In Article 2(2)(b) of the Law after the word “married” there shall be inserted the words “or in a civil partnership”;

(3)    In Article 3(2) of the Law –

(a)     in sub-paragraph (a) for the word “unmarried” there shall be substituted the words “neither married nor in a civil partnership”; and

(b)     in sub-paragraph (b) after the word “married” there shall be inserted the words “or in a civil partnership”.

(4)    After Article 4 of the Law there shall be inserted the following Article –

“4A      Issue of full certificate following annulment of civil partnership on ground of issue of interim certificate

Where the Court grants a decree of nullity in respect of an applicant’s civil partnership under Article 36(1) of the Civil Partnership (Jersey) Law 2012[21] on the ground that an interim certificate has been issued to the applicant, the Court shall issue a full certificate to the applicant.”.

(5)    For Article 5 of the Law there shall be substituted the following Article –

“5      Issue of full certificate once applicant no longer married or no longer in a civil partnership – other cases

(1)    An applicant may apply to the Court for a full certificate where an interim certificate has been issued to the applicant and –

(a)     the applicant’s marriage or civil partnership has been dissolved or annulled (other than on the ground mentioned in Article 4 or 4A) in proceedings instituted within 6 months of the interim certificate being issued; or

(b)     the applicant’s spouse or civil partner has died within such period.

(2)    An application under paragraph (1) –

(a)     may be made within 6 months of the dissolution or annulment of the marriage or civil partnership or of the death of the applicant’s spouse or civil partner, as the case may be, unless the applicant has married or entered into a civil partnership again during that period; and

(b)     shall include evidence, as the case requires, of –

(i)     the dissolution or annulment of the marriage or civil partnership and the date on which the relevant proceedings were instituted, or

(ii)    the death of the spouse or civil partner and the date on which it occurred.

(3)    The Court may if it thinks fit –

(a)     allow an application under paragraph (1), notwithstanding that the proceedings there mentioned were instituted more than 6 months after the issue of the interim certificate or, as the case may be, the applicant’s spouse or civil partner died more than 6 months after the issue of the interim certificate; or

(b)     extend the period described in paragraph (2)(a).

(4)    The Court shall grant an application under paragraph (1) if and only if it is satisfied that the applicant is not married and is not in a civil partnership.

(5)    Where the Court has granted the application it shall issue a full certificate to the applicant.”.

(6)    In the heading to Article 17 of the Law after the word “marriage” there shall be inserted the words “or civil partnership”.

(7)    In Article 17 of the Law for paragraphs (2) to (5) there shall be substituted the following paragraphs –

“(2)    Accordingly, a person is not to be regarded as –

(a)     being married by reason of having entered into a foreign post-recognition marriage; or

(b)     being in a civil partnership by reason of having entered into a foreign post-recognition civil partnership.

(3)    Notwithstanding paragraph (2) –

(a)     on and from the issue of a full certificate to a person who has entered into a foreign post-recognition marriage, the marriage is no longer to be regarded as being void on the ground that (at the time when it was entered into) the parties to it were not respectively male and female; or

(b)     on and from the issue of a full certificate to a person who has entered into a foreign post-recognition civil partnership, the civil partnership is no longer to be regarded as being void on the ground that (at the time when it was entered into) the parties to it were not either both male or both female.

(4)    Paragraph (3) does not apply to a foreign post-recognition marriage or, as the case may be, a foreign post-recognition civil partnership if a party to it has entered into a later, valid, marriage or civil partnership before the issue of the full certificate.

(5)    For the purposes of this Article a person has entered into a foreign post-recognition marriage if, and only if –

(a)     the person has entered into a marriage in accordance with the law of a country or territory outside Jersey;

(b)     before the marriage was entered into the person changed his or her gender in accordance with the law of that or any other country or territory outside Jersey;

(c)     the gender of the other party to the marriage was the same as that of the person, before the person changed gender; and

(d)     by virtue of paragraph (1) the person’s gender was not regarded as having changed.

(6)    For the purposes of this Article a person has entered into a foreign post-recognition civil partnership if, and only if –

(a)     the person has entered into a civil partnership in accordance with the law of a country or territory outside Jersey;

(b)     before the civil partnership was entered into the person changed his or her gender in accordance with the law of that or any other country or territory outside Jersey;

(c)     the gender of the other party to the marriage was the opposite to that of the person, before the person changed gender; and

(d)     by virtue of paragraph (1) the person’s gender was not regarded as having changed.”.

11    Income Tax (Jersey) Law 1961 amended

(1)    In this paragraph “Law” means the Income Tax (Jersey) Law 1961[22].

(2)    In Article 3(1) of the Law –

(a)     after the definition of “body of persons” there shall be inserted the following definition –

“ ‘civil partner A’ and ‘civil partner B’ shall be construed in accordance with Article 122A;”;

(b)     in paragraph (a) of the definition of “earned income”, after the word “wife” wherever it appears there shall be inserted the words “, civil partner”.

(3)    In Article 3A of the Law –

(a)     for paragraph (2) there shall be substituted the following paragraph –

“(2)    A person is connected with an individual if that person is the individual’s wife, husband or civil partner, or is a relative, or the wife, husband or civil partner of a relative, of the individual or of the individual’s wife, husband or civil partner.”;

(b)     in paragraph (3) for the words “wife or husband” there shall be substituted the words “wife, husband, civil partner”.

(4)    In Article 18(1)(c) of the Law after the word “woman,” there shall be inserted the words “a civil partner A or civil partner B,”.

(5)    In Article 20(2) of the Law after sub-paragraph (b) there shall be inserted the following sub-paragraph –

“(ba)     in the case of a person who is in a civil partnership, the full name of his or her civil partner;”.

(6)    In Article 20A(2) of the Law after sub-paragraph (b) there shall be inserted the following sub-paragraph –

“(ba)     in the case of a person who is in a civil partnership, the full name of his or her civil partner;”.

(7)    After Article 41B(14) of the Law there shall be inserted the following paragraph –

“(14A)    Deductions shall be made, in accordance with this Article, from the earnings of a civil partner B not withstanding that, by virtue of Article 122B(1), his or her income is deemed to be that of his or her civil partner A.”.

(8)    After Article 41D of the Law there shall be inserted the following Article –

“41DA    Deductions in respect of civil partners

(1)    In the case of civil partners to whom Article 122B(1) applies –

(a)     a rate shall be determined in accordance with Article 41C(2) as if civil partner A were the employee, whether or not he or she is in employment; and

(b)     subject to paragraph (2), where the Comptroller has issued a notice under Article 41C specifying a rate, that rate shall apply to both civil partners.

(2)    Where both the civil partners are in employment they may jointly elect for the rate applicable to the earnings of one of them to be increased and the rate applicable to the earnings of the other of them to be correspondingly reduced.

(3)    The increased rate applicable to the earnings of one of them may exceed the limit in Article 41C(9), if the civil partners so elect and the Comptroller so agrees.

(4)    The aggregate of the deductions made when applying the rates, adjusted pursuant to this Article, to the earnings of the civil partners shall not be less than the aggregate of the deductions that would have been made had the adjustment not been made.

(5)    An election shall cease to have effect upon –

(a)     either civil partner ceasing to be in employment;

(b)     paragraph (4) not being complied with;

(c)     a new rate applying pursuant to a further notice issued under Article 41C; or

(d)     an effective rate described in Article 41B(2)(b) applying.”.

(9)    After Article 41G(2) of the Law there shall be inserted the following paragraph –

“(2A)      Where the Comptroller receives an amount remitted under Article 41B or 41E which has been deducted from the earnings of, or payments made to, a civil partner B whose income, by virtue of Article 122B(1), is deemed to be that of his or her civil partner A, the Comptroller shall receive the amount as a payment of tax by his or her civil partner A.”.

(10)  In Article 41H of the Law –

(a)     after paragraph (7)(d) there shall be inserted the following sub-paragraph –

“(da)     if the person is in a civil partnership, the date of the formation of the civil partnership, and whether the person is civil partner A or civil partner B;”;

(b)     after paragraph (8) there shall be inserted the following paragraph –

“(8A)      A person who is in a civil partnership shall also provide the information described in paragraph (7) in respect of his or her civil partner.”.

(11)  In Article 42 of the Law after paragraph (2) there shall be added the following paragraph –

“(3)    Where under the provisions of this Law income tax has been charged on civil partner A in respect of the profits or income of civil partner B, the powers of recovery provided in this Law in the case of non-payment of any such tax shall extend to the property, goods and chattels of civil partner B:

Provided that no action for recovery shall be instituted against civil partner B unless a notice demanding payment has been served by the Comptroller on civil partner B and he or she has failed to pay the amount of tax payable by civil partner A within 7 days of such service.”.

(12)  In Article 61(1)(c) of the Law after the word “spouse” there shall be inserted the words “, civil partner”.

(13)  In Article 62(1) of the Law in case VII, after the word “spouse” there shall be inserted the words “, civil partner”.

(14)  In Article 87(1)(c) of the Law after the word “spouse” there shall be inserted the words “, civil partner”.

(15)  In Article 90AA(4)(a) of the Law after the word “spouse” there shall be inserted the words “or civil partner”.

(16)  For Article 90A(1)(a) of the Law there shall be substituted the following sub-paragraph –

“(a)     as one of the parties to a marriage or civil partnership (including a marriage or civil partnership which has been dissolved or annulled) to or for the benefit of the other party to the marriage or civil partnership and for the maintenance of the other party; or”.

(17)  In Article 90B of the Law –

(a)     in paragraph (1)(a)(ii) after the word “marriage” in both places where it appears there shall be inserted the words “or civil partnership”;

(b)     in paragraph (1)(a)(iii) after the words “living together,” there shall be inserted the words “or, as the case may be, are not civil partners living together,”;

(c)     in paragraph (4) after the word “together” there shall be inserted the words “, and the parties to a civil partnership are not civil partners living together,”.

(18)  In Article 92A of the Law –

(a)     after paragraph (2) there shall be inserted the following paragraph –

“(2A)      Subject to paragraphs (4A), (5A), (8) and (9) and Article 92B, where a civil partner A proves, for the year of assessment –

(a)     that he or she has his or her civil partner B living with him or her; or

(b)     that his or her civil partner B is wholly maintained by him or her during the year of assessment and that he or she is not entitled, in computing the amount of his income for that year for the purposes of this Law, to make any deductions in respect of sums paid for the maintenance of his or her civil partner B,

the threshold applicable in his or her case is –

(i)     if the individual also proves that, at the commencement of the year of assessment, either he or she, or his or her civil partner B was of the age of 63 years or more, £23,480, or

(ii)    in any other case, £20,510.”;

(b)     after paragraph (4) there shall be inserted the following paragraph –

“(4A)      Where the total income for the year of assessment of an individual to whom paragraph (2A) applies includes any earned income of his or her civil partner B, the threshold applicable in his or her case shall be increased by an amount equal to the amount of that earned income, but not exceeding in any case £4,500.”;

(c)     after paragraph (5) there shall be inserted the following paragraph –

“(5A)      No exemption shall be allowed by virtue of paragraph (4A) in respect of earned income received or receivable by the civil partner B from the individual himself or herself.”;

(d)     in paragraph (6) after the words “paragraph (2)” there shall be inserted the words “or, as the case may be (2A)”.

(19)  In Article 92B(5) of the Law –

(a)     for the definition of “eligible claimant” there shall be substituted the following definition –

“ ‘eligible claimant’ means –

(a)     an individual in whose case the exemption threshold described in Article 92A(2) or (2A) applies and –

(i)     whose spouse or civil partner, as the case may be, has qualifying income, or

(ii)    who is entitled to an additional allowance under Article 98A; or

(b)     an individual in whose case the exemption threshold described in Article 92A(6) applies and who has qualifying income, apart from –

(i)     a man, if he and a woman live together as husband and wife for the whole or any part of the year of assessment, or

(ii)    the partner of a same sex couple living together as civil partners for the whole or any part of the year of assessment who –

(A) the couple jointly elects to be treated as a civil partner A for the purposes of this Law, or

(B) if no partner is so elected, is the older partner of the couple;”;

(b)     in the definition of “qualifying income” after the word “husband” there shall be inserted the words “or by a civil partner B from his or her civil partner A”.

(20)  In Article 98A of the Law –

(a)     for paragraph (1)(a) there shall be substituted the following sub-paragraph –

“(a)     the individual is not entitled to a deduction under Article 94(1) or that –

(i)     the individual is so entitled but he or his spouse was throughout the year of assessment totally incapacitated by physical or mental infirmity, or

(ii)    the individual is so entitled but he or she or his or her civil partner was throughout the year of assessment totally incapacitated by physical or mental infirmity; and”;

(b)     after paragraph (3) there shall be inserted the following paragraph –

“(3A)      Where –

(a)     a couple who are not in a civil partnership with each other live together as if they were civil partners for the whole or any part of a year of assessment; and

(b)     apart from this paragraph each of them would be entitled to a deduction under paragraph (1),

neither of them shall be entitled to such a deduction except in respect of the youngest of the children in respect of whom either would otherwise be entitled to a deduction.”.

(21)  After Article 122 of the Law there shall be inserted the following Part –

“PART 16A

SPECIAL PROVISIONS AS TO civil partners

122A  Election of civil partner as civil partner A or civil partner B for treatment of tax

(1)    Subject to paragraph (2), immediately upon the formation of a civil partnership the older partner of the civil partnership shall be regarded as ‘civil partner A’ and the younger shall be regarded as ‘civil partner B’ for all purposes under this Law.

(2)    No later than 2 years from the date of formation of the civil partnership the civil partners may make a joint written election to the Comptroller for the younger civil partner to be regarded as civil partner A and for the older civil partner to be regarded as civil partner B.

(3)    An election made under paragraph (2) is irrevocable and shall have effect as if it had been made on the formation of the civil partnership.

(4)    Where an election is made under paragraph (2) the Comptroller shall regard the younger civil partner as civil partner A for all purposes under this Law.

(5)    Where an election made under paragraph (2) the Comptroller shall assess (or re-assess, where a pervious assessment has been made) the tax liability of both civil partners in respect of every year from the year of the formation of the civil partnership to the year of the election made under paragraph (2).

122B  General rule as to income tax on civil partners

(1)    Subject to Articles 122C and 122D, a civil partner B’s income chargeable to income tax shall, so far as it is income for a year of assessment or part of a year of assessment during which he or she is in a civil partnership and living with his or her civil partner, be deemed for the purposes of this Law to be civil partner A’s income and not to be civil partner B’s income:

Provided that the question whether there is any income of civil partner B’s chargeable to income tax for any year of assessment, and, if so, what is to be taken to be the amount thereof for the purposes of this Law, shall not be affected by the provisions of this paragraph.

(2)    Subject to Articles 122C and 122D, any tax falling to be assessed in respect of any income which, under paragraph (1) of this Article, is to be deemed to be the income of a civil partner A shall, instead of being assessed on civil partner B’s, or on civil partner B’s trustee, guardian or curator, or on civil partner B’s heirs, executors or administrators, be assessable on civil partner A, or in the appropriate cases, on civil partner A’s trustee, guardian or curator, or on civil partner A’s heirs, executors or administrators:

Provided that nothing in this paragraph shall affect the operation of Article 74.

122C  Election by civil partner A or civil partner B for separate assessment

(1)    Where civil partners are living together, either partner may elect, by written notice delivered to the Comptroller, for separate assessment in accordance with Article 122D.

(2)    Subject to paragraph (3), an election delivered before 31st October in any year of assessment shall have effect for that year and ensuing years, unless revoked.

(3)    In the year of assessment in which civil partners form their civil partnership, an election delivered –

(a)     before 31st October in that year; or

(b)     within one month following the day of the formation of their civil partnership,

shall have effect for the part of that year during which they are civil partners and for ensuing years, unless revoked.

(4)    The civil partner who made the election may revoke it, by written notice delivered to the Comptroller.

(5)    A revocation of an election delivered before 31st January following a year of assessment shall have effect for that year and ensuing years, unless a further election is made.

(6)    The Comptroller shall inform a civil partner of the delivery by his or her civil partner of a notice under paragraph (1) or (4).

(7)    In this Article and in Article 122D, ‘election’ means an election under paragraph (1) of this Article.

122D  Effect of election for separate assessment

(1)    Subject to this Article, an election shall have the effect that –

(a)     civil partner B’s income is not deemed, for the purposes of this Law, to be civil partner A’s income; and

(b)     the civil partners are separately assessed and charged under this Law.

(2)    Civil partner A’s and civil partner B’s incomes shall be aggregated for the purpose of determining their entitlement to any allowances, exemptions and reliefs.

(3)    The sum of the allowances, exemptions and reliefs to which civil partner A and civil partner B are entitled shall not exceed the sum of such amounts to which they would have been entitled if the election had not been made.

(4)    Subject to paragraph (5), any allowances, exemptions or reliefs (notwithstanding Articles 92B(2), 95(4) and 98A(4)) shall be apportioned between the civil partners in proportion to the amounts or their respective incomes.

(5)    The civil partners may jointly, in accordance with paragraph (6), notify the Comptroller in writing that any allowances, exemptions and reliefs to which they are entitled, by virtue of the election, are to be apportioned and transferred between them in the manner specified in the notice.

(6)    An apportionment notice delivered to the Comptroller before 31st January following a year of assessment shall have effect for that year and, unless replaced by a further apportionment notice or revoked, for ensuing years.

(7)    The civil partners may jointly revoke an apportionment notice by written notice delivered to the Comptroller.

(8)    A revocation of an apportionment notice delivered before 31st January following a year of assessment shall have effect for that year and ensuing years unless a further apportionment notice is delivered.

(9)    Either civil partner may prepare and deliver the statement required by Article 16 on behalf of both of them, unless the Comptroller requires otherwise.

(10)  An election shall not affect the operation of Article 74.

(11)  In this Article, ‘apportionment notice’ means a notice under paragraph (5).

122E  Construction of references to a civil partner B living with his or her civil partner A, and special provisions as to certain civil partners geographically separated

(1)    A civil partner B shall be treated for all the purposes of this Law as living with his or her civil partner A unless either –

(a)     they are separated under an order of a court of competent jurisdiction or by agreement of separation; or

(b)     they are in fact separated in such circumstances that the separation is likely to be permanent.

(2)    Where a civil partner B is living with civil partner A and either –

(a)     one of them is, and one of them is not, resident in Jersey for a year of assessment; or

(b)     both of them are resident in Jersey but one of them is, and one of them is not, absent from Jersey throughout that year,

the same consequences shall follow for all the purposes of this Law as would have followed if, throughout that year of assessment, they had been in fact separated in such circumstances that the separation was likely to be permanent:

Provided that, where this paragraph applies and the net aggregate amount of income tax falling to be borne by the civil partner A and the civil partner B for the year is greater than it would have been but for the provisions of this paragraph, the Comptroller shall give such relief as will reduce the said net aggregate amount by the amount of the excess.”.

(22)  In Article 131B(3)(b)(iii), (iv) and (v), (g) and (4)(ga) of the Law after the word “spouse” in each place where it appears there shall be inserted the words “or surviving civil partner”.

(23)  In Article 131CA of the Law –

(a)     in paragraphs (1)(f) and (10)(b) after the word “spouse” there shall be inserted the words “or surviving civil partner”;

(b)     after paragraph (7) there shall be inserted the following paragraph –

“(7A)      For the purposes of this Article a civil partner B’s relevant earnings shall not be treated as the civil partner A’s relevant earnings, notwithstanding that civil partner B’s income chargeable to tax is treated as civil partner A’s income.”.

(24)  In Article 131D(5)(d)(i) of the Law after the word “spouse” there shall be inserted the words “, civil partner”.

12    Interpretation (Jersey) Law 1954 amended

In the Interpretation (Jersey) Law 1954[23] in Part 1 of the Schedule after the definition of “British Islands” there shall be inserted the following definition –

“ ‘Civil partnership’ means a civil partnership within the meaning of Article 2 of the Civil Partnership (Jersey) Law) 2012[24] (and any reference to a civil partner is to be read accordingly);”.

13    Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations amended

In Article 7 of the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations[25], after the words “d’un fidéicommissaire” where secondly occurring there shall be inserted the words “et du douaire du partenaire civil survivant d’un fidéicommissaire”.

14    Loi (1864) réglant la procédure criminelle amended

In Article 39 of the Loi (1864) réglant la procédure criminelle[26] after the words “le mari et la femme,” there shall be inserted the words “les 2 partenaires d’un partenariat civil,”.

15    Loi (1880) sur la propriété foncière amended

(1)    In this paragraph “Law” means the Loi (1880) sur la propriété foncière[27].

(2)    In Article 1 of the Law after the definition of “ANCIENNE – NOUVELLE” there shall be inserted the following definition –

“CONJOINT: selon le cas –

(a)     la femme; ou

(b)     le partenaire civil.

CONJOINT SURVIVANT: selon le cas –

(a)     la veuve; ou

(b)     le partenaire civil survivant d’un partenaire civil décédé.

PARTENAIRE CIVIL: Un partenaire d’un partenariat civil constitué en vertu de la Loi dite Civil Partnership (Jersey) Law 2012[28].”.

(3)    In Article 7 of the Law –

(a)     for the words “La femme mariée a sur les immeubles de son mari” there shall be substituted the words “Le conjoint a sur les immeubles de son mari ou, selon le cas, de son partenaire civil”;

(b)     after the words “du mari” wherever they appear there shall be inserted the words “ou du partenaire civil”;

(c)     for the words “mariage, le mari” there shall be substituted the words “mariage ou le partenariat civil, le mari ou le partenaire civil”;

(d)     for the words “elle conservera” there shall be substituted the words “le conjoint survivant conservera”;

(e)     for the words “la veuve”, “La veuve” and “de la veuve” wherever they appear there shall be substituted, respectively, the words “le conjoint survivant”, “Le conjoint survivant” and “du conjoint survivant”;

(f)     for the words “elle aura” and “Elle aura” there shall be substituted, respectively, the words “le conjoint survivant aura” and “Le conjoint survivant aura”;

(g)     for the words “concert avec elle” there shall be substituted the words “concert avec lui”;

(h)     after the words “de son mari” there shall be inserted the words “ou de son partenaire civil”;

(i)     for the word “tenante” wherever it appears there shall be substituted the word “tenant”;

(j)     for the words “celle-ci devra” there shall be substituted the words “celui-ci devra”.

(4)    In Article 8 of the Law –

(a)     for the words “par la veuve des immeubles à elle allotis” there shall be substituted the words “par le conjoint survivant des immeubles à lui allotis”;

(b)     for the words “la veuve” wherever they appear there shall be substituted the words “le conjoint survivant”;

(c)     for the words “sera maintenue” there shall be substituted the words “sera maintenu”;

(d)     after the words “du mari” there shall be inserted the words “ou, selon le cas, du partenaire civil”.

(5)    In Article 9 of the Law –

(a)     after the words “du mari” in both places they appear there shall be inserted the words “ou, selon le cas, du partenaire civil”;

(b)     for the words “à la veuve”, “de la veuve” and “La veuve” there shall be substituted, respectively, the words “au conjoint survivant”, “du conjoint survivant” and “Le conjoint survivant”;

(6)    In the last paragraph of Article 29 of the Law for the words “de la veuve” there shall be inserted the words “du conjoint survivant”.

(7)    In Article 92 of the Law for the words “et la veuve du cessionnaire, si elle” in both places they appear there shall be substituted the words “et le conjoint survivant du cessionnaire, s’il”.

16    Loi (1908) au sujet des témoins et informateurs amended

(1)    In this paragraph “Law” means the Loi (1908) au sujet des témoins et informateurs[29].

(2)    At the end of Article 1 of the Law there shall be added the following sentence –

“Etant entendu néanmoins que le partenaire civil ne pourra être forcé à révéler des communications à lui faites par son partenaire civil.”.

(3)    In Article 2 of the Law –

(a)     in paragraph (1) after the words “ou alliés” there shall be inserted the words “que ce soit par marriage ou par la formation d’un partenariat civil”;

(b)     in paragraphs (3), (4) and (5)(a)(i) after the words “le mari du prévenu” wherever they appear there shall be inserted the words “ou le partenaire civil du prévenu”;

(c)     in paragraph (6) –

(i)     for the words “contre un mari et une femme, ni l’un ni l’autre des époux” there shall be substituted the words “contre un mari et une femme, ou contre les deux partenaires d’un partenariat civil, ni l’un ni l’autre des époux ou des partenaires civils (selon le cas)”, and

(ii)    after the words “cet époux” there shall be inserted the words “ou ce partenaire civil (selon le cas)”;

(d)     in paragraph (7) –

(i)     after the words “au prévenu” there shall be inserted the words “, ou qui a été mais qui n’est plus le partenaire civil du prévenu,”,

(ii)    after the words “jamais été mariés” there shall be inserted the words “, ou n’ont jamais été partenaires d’un partenariat civil”;

(e)     in paragraph (10) after the words “mari du prévenu” there shall be inserted the words “ou du partenaire civil du prévenu”.

17    Loi (1991) sur la copropriété des immeubles bâtis amended

In Article 8(4) of the Loi (1991) sur la copropriété des immeubles bâtis[30] after the words “son conjoint” there shall be inserted the words “, ou le mandataire et son partenaire civil,”.

18    Maintenance Orders (Enforcement) (Jersey) Law 1999 amended

In Article 1 of the Maintenance Orders (Enforcement) (Jersey) Law 1999[31], in the definition of “maintenance order”, for sub-paragraph (a) there shall be substituted the following sub-paragraph –

“(a)     by the Royal Court –

(i)     under Article 25, 29, 31, 32 or 33 of the Matrimonial Causes (Jersey) Law 1949, or

(ii)    under Schedule 1 to the Children (Jersey) Law 2002; or

(iii)   under Article 44, 49, 51, 52 or 53 of the Civil Partnership (Jersey) Law 2012[32]; or”.

19    Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000 amended

(1)    In this paragraph “Law” means the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000[33].

(2)    In Article 33(5)(a) of the Law –

(a)     in clause (iii) the word “or” where it last appears shall be deleted;

(b)     in clause (iv) for the word “matter.” there shall be substituted the words “matter, or”;

(c)     after clause (iv) there shall be added the following clause –

“(v)    in the case of a maintenance order made by reason of a dissolution or annulment of a civil partnership or a legal separation of civil partners, the court is recognized by the law of Jersey as having jurisdiction in that matter.”.

(3)    For Article 41 of the Law there shall be substituted the following Article –

“41    Provisional order to cease to have effect on remarriage or on registration of civil partnership

(1)    Where a court has, by virtue of Article 3, made a provisional order consisting of or including a provision for periodical payments by a husband or wife or civil partner and the order has been confirmed by a competent court in a Commonwealth country, then, if after the making of that order the marriage or civil partnership (as the case may be) of the parties to the proceedings in which the order was made is dissolved or annulled but the order continues in force, that order or, as the case may be, that provision thereof shall cease to have effect on the remarriage of the payee, or the entering into a civil partnership by the payee, except in relation to any arrears due under it on the date of such remarriage or civil partnership and shall not be capable of being revived.

(2)    For the avoidance of doubt it is declared that references in this Article to remarriage or civil partnership include references to a marriage or civil partnership which is by law void or voidable.”.

20    Marriage and Civil Status (Jersey) Law 2001 amended

In Article 44(b) of the Marriage and Civil Status (Jersey) Law 2001[34] after the word “marriages” there shall be inserted the words “and civil partnerships”.

21    Matrimonial Causes (Jersey) Law 1949 amended

(1)    In this paragraph “Law” means the Matrimonial Causes (Jersey) Law 1949[35].

(2)    In the heading to Article 38 of the Law after the word “re-marriage” there shall be inserted the words “or civil partnership”.

(3)    In Article 38(1) of the Law after the words “marry again” in both places where they appear there shall be inserted the words “or enter into a civil partnership”.

(4)    In Article 39(2) the words from “not exceeding £100” to the end shall be deleted.

22    Mental Health (Jersey) Law 1969 amended

(1)    In this paragraph “Law” means the Mental Health (Jersey) Law 1969[36].

(2)    In Article 9(4) of the Law after the word “wife,” there shall be inserted the words “civil partner,”.

(3)    In Article 29 of the Law –

(a)     in paragraphs (1)(a) and (4)(b) after the word “wife” wherever it appears there shall be inserted the words “or civil partner”;

(b)     in paragraph (4)(c) after the word “wife,” there shall be inserted the words “civil partner,”;

(c)     for paragraph (5)(b) there shall be substituted the following sub-paragraph –

“(b)     ‘husband’, ‘wife’ and ‘civil partner’ include a person who is living with the patient as her husband, his wife or his or her civil partner, as the case may be (or, if the patient is for the time being an in-patient in a hospital, was so living until he or she was admitted), and has been or had been so living for a period of not less than 6 months:

Provided that a person shall not be treated by virtue of this definition as the nearest relative of a married patient or a patient who is in a civil partnership unless the husband or wife of the patient, or the civil partner of the patient, as the case may be, is disregarded by virtue of the provisions of paragraph (4)(b).”.

(4)    In Article 30 of the Law for the words “husband or wife” there shall be substituted the words “husband, wife or civil partner”.

(5)    In Article 31(1)(b) of the Law after the words “matrimonial proceedings” there shall be inserted the words “or in proceedings for the annulment or dissolution of a civil partnership”.

(6)    For Article 43(17)(c) of the Law there shall be substituted the following sub-paragraph –

“(c)     the conduct of legal proceedings in the name, or on behalf, of the interdict including –

(i)     the presentation of a petition for divorce or nullity of marriage, for presumption of death and dissolution of marriage, or for judicial separation, or

(ii)    the presentation of an application for the dissolution or nullity of a civil partnership, or for a separation order in respect of civil partners;”.

23    Nursing and Residential Homes (Jersey) Law 1994 amended

(1)    In this paragraph “Law” means the Nursing and Residential Homes (Jersey) Law 1994[37].

(2)    In Article 2 of the Law –

(a)     in paragraph (1)(a) after the word “wife” there shall be inserted the words “or civil partner”;

(b)     in paragraph (2)(a) for the word “affinity” there shall be substituted the words “marriage or civil partnership”;

(c)     for paragraph (3) there shall be substituted the following paragraph–

“(3)    In this Article ‘husband’, ‘wife’ and ‘civil partner’ include a person who is living with a person carrying on or intending to carry on a residential care home as that person’s husband, wife or civil partner, respectively, and who has been so living for a period of not less than 6 months.”.

(3)    In Article 13(1) of the Law for the words “or surviving spouse” there shall be substituted the words “surviving spouse or surviving civil partner”.

24    Probate (Jersey) Law 1998 amended

(1)    In this paragraph “Law” means the Probate (Jersey) Law 1998[38].

(2)    In Article 14 of the Law –

(a)     for paragraph (2) there shall be substituted the following paragraph –

“(2)    Subject to paragraphs (3), (5) and (6), where the person dies leaving a spouse, or a civil partner, as the case may be, the spouse or civil partner shall be the person entitled to the grant.”;

(b)     in paragraphs (3) and (4) after the word “spouse” wherever it appears there shall be inserted the words “or civil partner”.

(3)    For Article 30(1) of the Law there shall be substituted the following paragraph –

“(1)    For the purposes of a grant in and the distribution of the movable estate of a deceased person who has at any time been married or in a civil partnership, the deceased person’s domicile shall be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.”.

25    Separation and Maintenance Orders (Jersey) Law 1953 amended

(1)    In this paragraph “Law” means the Separation and Maintenance Orders (Jersey) Law 1953[39].

(2)    In the long title of the Law –

(a)     after the words “married persons” there shall be inserted the words “or civil partners”;

(b)     after the words “the marriage” there shall be inserted the words “or civil partnership”.

(3)    In Articles 2, 4, 5, 8(2), 13 and 14, and in the heading to Article 14, of the Law after the word “marriage” wherever it appears there shall be inserted the words “or civil partnership”.

(4)    In Article 2(2)(d) and (e) of the Law after the words “matrimonial home” wherever they appear there shall be inserted the words “or civil partnership home”.

(5)    In Article 7(1) of the Law after the words “husband or the wife” there shall be inserted the words “or, in the case of a civil partnership, either of the civil partners”.

26    Social Security (Jersey) Law 1974 amended

(1)    In this paragraph “Law” means the Social Security (Jersey) Law 1974[40].

(2)    In Article 21 of the Law –

(a)     in paragraph (1)(b) after the word “husband” there shall be inserted the words “or civil partner”; and

(b)     after paragraph (6) there shall be inserted the following paragraph –

“(6A)      In this Article ‘civil partner’ includes –

(a)     a woman’s late civil partner; or

(b)     a former civil partner,

where the benefit is claimed in respect of a child conceived during the existence of the civil partnership.”.

(3)    In Article 23A of the Law –

(a)     for paragraph (1)(b) there shall be substituted the following sub-paragraph –

“(b)     the person and the person’s spouse or civil partner (if any) satisfy the relevant contribution conditions.”;

(b)     after paragraph (2) there shall be added the following paragraph –

“(3)    Where the order described in paragraph (1)(a) authorizes both partners in a civil partnership to adopt a child, the civil partners shall nominate which of them is to be the person entitled under that paragraph.”.

(4)    For Article 24 of the Law there shall be substituted the following Article –

“24    Survivor’s benefit

(1)    Subject to the provisions of this Law, a surviving spouse or surviving civil partner shall be entitled to survivor’s benefit if the deceased spouse or deceased civil partner satisfied the relevant contribution conditions, and –

(a)     in the case of a survivor’s allowance either spouse or either civil partner was not entitled to an old age pension, or was under pensionable age, at the time of the deceased spouse’s or deceased civil partner’s death; or

(b)     in the case of a survivor’s pension, the survivor was under pensionable age at the time of the other spouse’s or civil partner’s death and was not entitled to a reduced old age pension under Article 25(1A).

(2)    The period for which survivor’s benefit is payable to a surviving spouse or surviving civil partner shall be –

(a)     in the case of a survivor’s allowance, the 52 weeks next following the other spouse’s or other civil partner’s death; or

(b)     in the case of a survivor’s pension, any period during which the survivor is under pensionable age and is not entitled to a survivor’s allowance or to a reduced old age pension under Article 25(1A),

but the benefit shall not be payable for any period after –

(i)     the death of the survivor,

(ii)    the subsequent marriage of the survivor,

(iii)   the subsequent formation of a civil partnership by the survivor, or

(iv)   for any period during which the survivor is cohabiting with another person of either sex.

(3)    In this Article, references to the spouse or civil partner of a surviving spouse or surviving civil partner, if the survivor has been married more than once, or has formed more than one civil partnership, are to the person who was the survivor’s last spouse or civil partner only.”.

(5)    In Article 25(4) of the Law after the word “re-marries” there shall be inserted the words “or enters into civil partnership”.

(6)    In Article 26(1) of the Law after the word “wife,” there shall be inserted the words “civil partner,”.

(7)    In Article 28(1)(a)(i) of the Law for the words “wife or husband” there shall be substituted the words “wife, husband or civil partner”.

(8)    In Schedule 2 of the Law –

(a)     for paragraph 5(2)(b) there shall be substituted the following sub-paragraph –

“(b)     the expression ‘relevant quarter’ means the previous quarter but one before the quarter in which the confinement takes place or –

(i)     where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age, or

(ii)    where the relevant person is the civil partner and she was dead or over pensionable age on that date, the date of her attaining pensionable age or dying under that age.”;

(b)     in paragraph 6(2)(a)(i) after the word “spouse” there shall be inserted the words “or deceased civil partner”.

27    Stamp Duties and Fees (Jersey) Law 1998 amended

In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998[41] Law –

(a)     in paragraph B of the proviso to item 13(j), after the words “Matrimonial Causes (Jersey) Law 1949” there shall be inserted the words “or Article 48 of the Civil Partnership (Jersey) Law 2012[42]”;

(b)     in paragraph C of the proviso to item 13(j) –

(i)     after the word “spouse” there shall be inserted the words “or civil partner”,

(ii)    after the words “matrimonial home” there shall be inserted the words “or civil partnership home”;

(c)     in paragraph B of the proviso to item 13(k), after the words “Matrimonial Causes (Jersey) Law 1949” there shall be inserted the words “or Article 48 of the Civil Partnership (Jersey) Law 2012[43]”;

(d)     in paragraph C of the proviso to paragraph 13(k) –

(i)     after the word “spouses” there shall be inserted the words “or civil partners”,

(ii)    after the words “matrimonial home” there shall be inserted the words “or civil partnership home”;

(e)     in paragraph A of the proviso to item 46 –

(i)     after the word “spouse” there shall be inserted the words “or civil partner”,

(ii)    after the words “matrimonial home” there shall be inserted the words “or civil partnership home, as the case may be,”.

28    Taxation (Land Transactions) (Jersey) Law 2009 amended

In the Schedule to the Taxation (Land Transactions) (Jersey) Law 2009[44], for paragraphs 6 and 7 there shall be substituted the following paragraphs –

“6      Sole ownership into joint ownership: matrimonial property or civil partnership property

(1)    This paragraph applies where a transaction described in paragraph 2(4) –

(a)     takes place by reason of an order made by the Royal Court under Article 28 of the Matrimonial Causes (Jersey) Law 1949, or Article 48 of the Civil Partnership (Jersey) Law 2012[45]; or

(b)     is a transaction whereby shares formerly owned by, or held on trust for the benefit of, an individual are jointly owned by, or held on trust for the joint benefit of, that individual and his or her spouse or civil partner and, at the time of the transaction, the land is their matrimonial home or civil partnership home.

(2)    In a case to which this paragraph applies, LTT shall be charged at the rate of £60.

7      Joint ownership into sole ownership: matrimonial property or civil partnership property

(1)    This paragraph applies where a transaction described in paragraph 2(5) –

(a)     takes place by reason of an order made by the Royal Court under Article 28 of the Matrimonial Causes (Jersey) Law 1949, or under Article 48 of the Civil Partnership (Jersey) Law 2012[46]; or

(b)     is a transaction whereby shares formerly owned by, or held on trust for the benefit of, spouses or civil partnership home jointly are solely owned by, or held on trust for the sole benefit of, one of them and, at the time of the transaction, the land is their matrimonial home or civil partnership home.

(2)    In a case to which this paragraph applies, LTT shall be charged at the rate of £60.”.

29    Wills and Successions (Jersey) Law 1993 amended

(1)    In this paragraph “Law” means the Wills and Successions (Jersey) Law 1993[47].

(2)    In Article 1(1) of the Law –

(a)     immediately before the definition of “Court” there shall be inserted the following definition –

“ ‘civil partnership home’ means a dwelling place situate in Jersey occupied as their principal residence by a person and that person’s civil partner which is –

(a)     a bien-fonds owned by that person or by that person and that person’s civil partner as tenants in common;

(b)     held under a lease for a term of years exceeding at its commencement 9 years under which that person is the tenant or that person and that person’s civil partner are the tenants; or

(c)     a bien-fonds owned, or held under a lease for a term of years exceeding at its commencement 9 years, by a corporation of which that person holds or that person and that person’s civil partner hold –

(i)     all the issued and outstanding shares, or

(ii)    a share or shares the holding of which, whether or not coupled with the grant of a lease or licence, confers an exclusive right to occupy the dwelling place;”;

(b)     in the definition of “usufruit of the matrimonial home” for the words beginning “ ‘usufruit of the matrimonial home’ ” and ending “surviving spouse were –” there shall be substituted the words –

“ ‘usufruit of the matrimonial home or the civil partnership home’ includes a usufruit of the interest of a deceased spouse or deceased civil partner in the home where in relation to the dwelling place constituting the home the deceased spouse or deceased civil partner, and the surviving spouse or the surviving civil partner, as the case requires, were –”.

(3)    In the heading to Part 3 of the Law, after the word “SPOUSE” there shall be inserted the words “OR SURVIVING CIVIL PARTNER”.

(4)    For Article 5 of the Law there shall be substituted the following Article –

“5      Right of surviving spouse to life enjoyment of matrimonial home or surviving civil partner to life enjoyment of civil partnership home”.

(1)    Unless under the provisions of Article 6 or 7 the surviving spouse or surviving civil partner is entitled absolutely to the matrimonial home or civil partnership home and subject to the provisions of Article 8, where a spouse or civil partner dies intestate as to the matrimonial home or civil partnership home, the surviving spouse or surviving civil partner shall be entitled to a usufruit of the matrimonial home or civil partnership home with the usual rights and obligations of a usufruitier.

(2)    Notwithstanding any provision in a lease requiring consent to the transfer of such lease, the surviving spouse or surviving civil partner shall not require such consent to take a transfer of the lease of demised premises in pursuance of paragraph (1).”.

(5)    In Article 6 of the Law –

(a)     in paragraph (1) –

(i)     after the word “spouse” where it first appears there shall be inserted the words “or civil partner”,

(ii)    after the words “surviving spouse” there shall be inserted the words “or the surviving civil partner”,

(iii)   after the words “deceased spouse” in every place where they appear there shall be inserted the words “or the deceased civil partner”;

(b)     in paragraph (3) –

(i)     after the words “a spouse” there shall be inserted the words “or civil partner”,

(ii)    after the words “the surviving spouse” there shall be inserted the words “or the surviving civil partner”,

(iii)   after the words “the deceased spouse” there shall be inserted the words “or the deceased civil partner”.

(6)    After Article 6 of the Law there shall be inserted the following Article –

“6A      Extension of douaire to civil partners

(1)    Subject to paragraph (2), where a civil partner dies testate as to immovable estate, his or her surviving civil partner shall be entitled to dower in such immovable estate to the same extent and upon the same terms as a widow is entitled to dower in the immovable estate as to which her husband died testate.

(2)    The entitlement of a civil partner to dower is unaffected by the rule of law expressed in the maxim ‘le douaire se gagne au coucher’.

(3)    This Article shall not confer an entitlement to dower in the immovable estate of a civil partner who died before the date on which the Civil Partnership (Jersey) Law 2012[48] came into force.”.

(7)    In Article 7 of the Law –

(a)     in paragraph (1) after the word “spouse” where it first appears there shall be inserted the words “or civil partner”;

(b)     in paragraph (1)(a) for the words “the deceased spouse leaves a surviving spouse but no issue, the surviving spouse” there shall be substituted the words “the deceased spouse or the deceased civil partner leaves a surviving spouse or a surviving civil partner, as the case may be, but no issue, the surviving spouse or the surviving civil partner,”;

(c)     in paragraph (1)(b) for the words “the deceased spouse leaves a surviving spouse and issue, the surviving spouse” there shall be substituted the words “the deceased spouse or the deceased civil partner leaves a surviving spouse or a surviving civil partner and issue, the surviving spouse or the surviving civil partner, as the case may be,”;

(d)     for paragraph (2) there shall be substituted the following paragraph –

“(2)    Subject to the provisions of Article 8, where a person dies testate as to movable estate and is survived by –

(a)     a spouse or civil partner but no issue, the surviving spouse or surviving civil partner, as the case may be, shall be entitled to claim as légitime –

(i)     the household effects, and

(ii)    two-thirds of the rest of the net movable estate;

(b)     a spouse or civil partner and issue –

(i)     the surviving spouse or surviving civil partner, as the case may be, shall be entitled to claim as légitime the household effects and one-third of the rest of the net movable estate, and

(ii)    the issue shall be entitled to claim as légitime one-third of the rest of the net movable estate;

(c)     issue but no spouse or civil partner, the issue shall be entitled to claim as légitime two-thirds of the net movable estate.”;

(e)     in paragraph (4) –

(i)     after the words “matrimonial home” there shall be inserted the words “or civil partnership home”,

(ii)    in sub-paragraph (e) after the words “deceased spouse” there shall be inserted “or deceased civil partner”;

(f)     in paragraph (5) –

(i)     after the words “deceased spouse” in both places where they appear there shall be inserted “or the deceased civil partner”,

(ii)    after the words “deceased spouse’s life” there shall be inserted the words “, or the deceased civil partner’s life,”.

(8)    After Article 8 of the Law there shall be added the following Article –

“8AA       Civil partners living apart

(1)    The provisions of Articles 5, 6 and 7 operating to confer property or any usufruit, interest, right or title in or to property on a surviving civil partner (in this Article referred to as the ‘surviving civil partner provisions’) shall not apply where –

(a)     at the date of the death of the deceased civil partner the deceased civil partner and the surviving civil partner were not residing together; and

(b)     either –

(i)     the surviving civil partner had deserted the deceased civil partner without cause and such desertion was continuing, or

(ii)    a separation order with respect to the surviving spouse had been granted by a court to the deceased civil partner.

(2)    Where, by operation of the provisions of paragraph (1), the surviving civil partner provisions do not apply to a surviving civil partner, any property of the deceased civil partner to which the surviving civil partner provisions would otherwise have applied shall devolve as if the surviving civil partner had died immediately before the deceased civil partner.”.

(9)    In Article 10 of the Law in the proviso to paragraph (4) –

(a)     after the words “surviving spouse” there shall be inserted the words “or surviving civil partner”; and

(b)     after the words “that spouse” in both places where they appear there shall be inserted the words “or that civil partner”.

(10)  For Article 16 of the Law there shall be substituted the following Article –

“16    Testamentary dispositions and appointments revoked by divorce or dissolution of civil partnership

(1)    If a will contains a devise, legacy or other gift in favour of the testator’s spouse or appoints the testator’s spouse as executor of the will, such devise, legacy, other gift or appointment shall, subject to any provision to the contrary contained in the will, be revoked, if after the execution of the will the marriage of the testator and the testator’s spouse is dissolved or annulled.

(2)    If a will contains a devise, legacy or other gift in favour of the testator’s civil partner or appoints the testator’s civil partner as executor of the will, such devise, legacy, other gift or appointment shall, subject to any provision to the contrary contained in the will, be revoked, if after the execution of the will the civil partnership of the testator and the testator’s civil partner is dissolved or annulled.”.

(11)  In Article 17 of the Law after the words “is married” there shall be inserted the words “or is in a civil partnership”.

30    Miscellaneous enactments amended

(1)    In the following enactments after the word “spouse” wherever it appears there shall be inserted the words “or civil partner” –

(a)     Article 25(2) of the Child Abduction and Custody (Jersey) Law 2005[49];

(b)     Article 17(2) of the Child Custody (Jurisdiction) (Jersey) Law 2005[50];

(c)     Article 32(2) of the Consumer Safety (Jersey) Law 2006[51];

(d)     Article 3(1)(e) of the Protection of Employment Opportunities (Jersey) Law 1988[52].

(2)    In the following enactments after the word “wife” wherever it appears there shall be inserted the words “or civil partner” –

(a)     Article 12(4) of the Health and Safety at Work (Jersey) Law 1989[53];

(b)     Article 6(15)(d) of the Police Procedures and Criminal Evidence (Jersey) Law 2003[54];

(c)     Article 157(8) of the Shipping (Jersey) Law 2002[55];

(d)     Article 169(6) of the Shipping (Jersey) Law 2002[56], in the definition of “immediate family”.

(3)    In Article 5(1)(a) of the Burials and Exhumations (Jersey) Law 2004[57] after the words “surviving spouse” there shall be inserted the words “or surviving civil partner”.

(4)    In Article 3(2) and (3) of the Goods and Services Tax (Jersey) Law 2007[58] after the word “husband” wherever it appears there shall be inserted the words “or civil partner”.

(5)    In Article 2(1) of the Child Abduction and Custody (Jersey) Law 2005[59], after sub-paragraph (c) there shall be inserted the following sub-paragraph –

“(ca)     an order under Article 44 of the Civil Partnership (Jersey) Law 2012[60];”.



[1]

chapter 12.200

[2]

chapter 12.600

[3]

chapter 20.650

[4]

chapter 07.770

[5]

chapter 15.560

[6]

chapter 12.800

[7]

chapter 12.320

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chapter 18.495

[9]

chapter 12.050

[10]

L.4/2012

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chapter 20.025

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chapter 13.075

[13]

chapter 04.160

[14]

chapter 12.200

[15]

L.4/2012

[16]

chapter 13.125

[17]

chapter 05.255

[18]

chapter 04.440

[19]

chapter 13.225

[20]

chapter 12.320

[21]

L.4/2012

[22]

chapter 24.750

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chapter 15.360

[24]

L.4/2012

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chapter 04.120

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chapter 08.740

[27]

chapter 18.495

[28]

L.4/2012

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chapter 07.910

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chapter 18.180

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chapter 12.500

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L.4/2012

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chapter 12.550

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chapter 12.600

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chapter 12.650

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chapter 20.650

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chapter 20.725

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chapter 04.720

[39]

chapter 12.800

[40]

chapter 26.900

[41]

chapter 24.960

[42]

L.4/2012

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L.4/2012

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chapter 24.980

[45]

L.4/2012

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L.4/2012

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chapter 04.960

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L.4/2012

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chapter 12.170

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chapter 12.180

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chapter 05.100

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chapter 05.625

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chapter 05.300

[54]

chapter 23.750

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chapter 19.885

[56]

chapter 19.885

[57]

L.22/2004

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chapter 24.700

[59]

chapter 12.170

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L.4/2012

Page last updated 10 Jan 2012