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 –
(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 –
(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.
(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.
(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).
(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 –
(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];”.