Blackstone's guide to the Civil Partnership Act 2004

著者

    • Gray, Nichola
    • Brazil, Dominic

書誌事項

Blackstone's guide to the Civil Partnership Act 2004

Nichola Gray and Dominic Brazil

Oxford University Press, 2005

タイトル別名

THe civil Partnership Act 2004

大学図書館所蔵 件 / 全5件

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

内容説明

"The Blackstone's Guide" series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Civil Partnerships Act 2004 is a ground-breaking piece of legislation, which allows, for the first time, adult same-sex couples to create a legal status similar to marriage, a 'Civil Partnership'. The Act received Royal Assent in November 2004 and is expected to come into force in late 2005/early 2006. The purpose of the Act is to remedy the discrimination present in existing legislation, against gay and lesbian couples. It provides civil partners with the same rights and obligations as spouses and provides same sex couples who do not register as civil partners, with the same rights and obligations as unmarried opposite sex couples. It also amends a variety of existing statutes (including the Family Law Act 1996, the Children Act 1989 and the Inheritance Act 1975) and registration and dissolution of civil partnerships and the financial arrangements between civil partners. This Guide contains a copy of the Act and places it in context, explaining clearly how it fits with current arrangements for same sex partners. The Guide is extensively cross referenced to existing statues relating to married couples, to show how some of the provisions mirror or are comparable with the new Act. It contains step-by-step practical guides to aid understanding and is an ideal quick reference resource for practitioners in the field.

目次

  • 1. Introduction
  • Article 14, European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
  • An overview of the Civil Partnership Act 2004
  • 2. The Creation of a Civil Partnership
  • Eligibility
  • Registration of a civil partnership
  • The standard procedure
  • The procedure for house-bound, detained and non-resident persons
  • The special procedure
  • Registration by former spouses, one of whom has changed sex
  • Civil partnership agreements
  • Practical guide
  • 3. The Termination of a Civil Partnership
  • Introduction
  • Dissolution orders
  • Nullity orders
  • Separation orders
  • Presumption of death orders
  • Applications for final dissolution and nullity orders by respondents
  • Dissolution, nullity and separation orders affecting children of the family
  • Declarations in relation to a civil partnership
  • Intervention of the Queen's Proctor and third parties
  • Practical guide
  • 4. Civil Partnerships Formed or Dissolved Abroad
  • Registration outside the UK under an Order in Council
  • Recognition of foreign cicil partnerships
  • Jurisdiction to make nullity orders in relation to civil partnerships formed abroad
  • Recognition of overseas dissolution etc
  • 5. Financial Relief in the High Court and County Court
  • Bar on applications for financial relief
  • Financial provision orders
  • Property adjustment orders
  • Sale of property orders
  • Pension sharing and pension attachment orders
  • Maintenance pending outcome orders
  • Matters to which the court must have regard
  • Failure to maintain
  • Variation and discharge of financial relief orders
  • Consent orders and maintenance agreements
  • Arrears and repayments
  • Freezing and avoidance of disposition orders
  • Improvements to property and property disputes
  • 6. Financial Relief in the Magistrates' Court
  • Orders in failure to maintain/behaviour/desertion cases: Part 1 orders
  • Orders for agreed financial provision: Part 2 orders
  • Orders where the civil partners are living separately: Part 3 orders
  • Interim orders
  • Variation of orders
  • Enforcement, arrears and repayments
  • Variation of maintenance agreements
  • Failure to maintain: magistrates' court and High Court/county court compared
  • 7. Financial Relief Following an Overseas Dissolution, Annulment or Separation
  • Bar to applications for financial relief
  • Jurisdiction of the courts in England and Wales to make orders for financial relief
  • Financial orders which the court may make
  • Matters to which the court must have regard
  • Orders restraining and setting aside dispositions
  • 8. Wills, Administration of Estates and Family Provision
  • Revocation of wills upon formation of a civil partnership
  • Effect of dissolution and annulment orders upon wills
  • Intestacy
  • Applications for family provision
  • Life assurance policies
  • Fatal accident claims
  • 9. Housing and Tenancies
  • Succession to tenancies
  • Transfer of tenancies
  • 10. Children of Civil Partners
  • Parental responsibility
  • Guardianship
  • Residence and contact orders
  • Financial provision for children
  • Adoption
  • 11. Civil Partnership Homes and Domestic Violence
  • Rights to occupy the civil partnership home
  • Occupation orders
  • Non-molestation orders
  • Ex parte orders, powers of arrest and undertakings
  • 12. Child Support, Social Security and Taxation
  • Child support
  • Social security benefits
  • Taxation
  • 13. Pensions
  • State retirement pension
  • Occupational and personal pension schemes
  • 14. Jurisdiction
  • Jurisdiction of the courts in relation to dissolution, separation, nullity, presumption of death and declarations as to validity
  • Allocation to the High Court and county court
  • APPENDICES
  • Appendix 1: Civil Partnership Act 2004
  • Appendix 2: Useful Web References

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