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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 No. 2921 (L. 25) URL: https://www.bailii.org/uk/legis/num_reg/2005/20052921.html |
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Made | 18th October 2005 | ||
Laid before Parliament | 25th October 2005 | ||
Coming into force | 5th December 2005 |
(c) "another jurisdiction" means any jurisdiction outside England and Wales;
(d) "related jurisdiction" means Scotland, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark);
(e) references to the trial in any proceedings are, where there is more than one trial, references to the first trial in those proceedings, but do not include the separate trial of an issue as to jurisdiction only;
(f) references to proceedings in another jurisdiction are references to proceedings in a court of that jurisdiction and to any proceedings which are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status;
(g) references to proceedings which are continuing in another jurisdiction are references to proceedings which have been begun and have not been finally disposed of;
(h) references to proceedings before the court which are continuing are references to proceedings which are pending and not stayed; and
(i) proceedings are relevant proceedings if they are in respect of the same civil partnership or are capable of affecting its validity or subsistence.
Duty to give particulars of concurrent proceedings in another jurisdiction
2.
—(1) Where civil partnership proceedings are pending before the court in respect of a civil partnership and the trial in those proceedings has not begun—
(2) The particulars required by paragraph (1) are—
Obligatory stays of civil partnership proceedings
3.
—(1) Where, before the beginning of the trial in any proceedings before the court for a dissolution order which are continuing, it appears to the court on the application of a party to the civil partnership—
is in that jurisdiction; and
(d) that either of those parties was habitually resident in that jurisdiction throughout the year ending with the date on which they last lived together before the proceedings before the court were begun,
the court must order that the proceedings before it be stayed.
(2) But paragraph (1) does not apply if rule 5(3) applies.
(3) Where the proceedings before the court referred to in paragraph (1) are also proceedings other than for a dissolution order, this rule applies only to the proceedings so far as they are for a dissolution order.
Discretionary stays of civil partnership proceedings
4.
—(1) Paragraph (2) applies where, before the beginning of the trial in any civil partnership proceedings before the court which are continuing, it appears to the court—
(2) The court may, if it thinks fit, order that—
be stayed.
(3) In considering the balance of fairness and convenience for the purposes of paragraph (1)(b), the court must have regard to all factors appearing to be relevant, including the convenience of witnesses and any delay or expense which may result from the proceedings being stayed, or not being stayed.
(4) In the case of any proceedings so far as they are proceedings for a dissolution order, the court must not exercise the power conferred on it by paragraph (2) when an application under rule 3 is pending in respect of the proceedings.
(5) Where, after the beginning of the trial in any civil partnership proceedings which are continuing before the court, the court makes an order under paragraph (6), paragraphs (1) and (2) of this rule have effect in relation to those proceedings, and to the other proceedings by reference to which that order is made, as if the words "before the beginning of the trial" in paragraph (1) were omitted.
(6) The order referred to in paragraph (5) is an order declaring that the court is satisfied that a person has failed to perform the duty imposed on him in respect of the proceedings by rule 2.
(7) No action lies in respect of the failure of a person to comply with rule 2.
Discharge of orders
5.
—(1) A party to proceedings which are stayed by an order made under rule 3 or 4 may apply to discharge that order.
(2) On such an application the court may discharge the order if it appears that the proceedings by reference to which the order was made are stayed or concluded, or that a party to those other proceedings has delayed unreasonably in prosecuting them.
(3) If the court discharges an order staying any proceedings under rule 3 no further order staying those proceedings may be made under that rule.
Supplementary
6.
—(1) Rules 7 and 8 apply where proceedings for a dissolution, separation or nullity order are stayed by reference to proceedings in a related jurisdiction for the dissolution or annulment of a civil partnership, or the legal separation of civil partners.
(2) But paragraph (1) is subject to rule 9.
(3) In this rule and in rules 7 to 9—
(b) "the other proceedings", in relation to any stayed proceedings, means the proceedings in the other jurisdiction by reference to which the stay was imposed;
(c) "relevant order" means—
(d) "stayed" means stayed in pursuance of these Rules.
(4) Nothing in rules 7 to 9 affects any power of the court—
7.
—(1) Where proceedings to which this rule applies are stayed then—
(2) The court may exercise the powers referred to in paragraph (3) if it considers that—
(4) Where by virtue of paragraph (2) the court exercises any of the powers referred to in paragraph (3) in respect of a relevant order, paragraph (1)(b) does not apply to the order so made or extended.
(5) This rule does not alter the effect of the stay except as provided by this rule.
8.
—(1) Where—
then paragraphs (3) to (6) apply.
(2) The provision referred to in paragraph (1) is—
(7) Where an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004, of a kind mentioned in paragraph (2)(1)(e) of that Schedule (secured periodical payments for, or for the benefit of, children) ceases to have effect by virtue of rule 7 or the preceding provisions of this rule, paragraph (8) applies.
(8) Any order made under Part 3 of that Schedule which requires the proceeds of sale of property to be used for securing the periodical payments also ceases to have effect.
9.
—(1) Where —
then rules 7 and 8 do not apply.
(2) Where paragraph (1) applies the court must not make a relevant order or a lump sum order in connection with the proceedings so far as they are stayed.
(3) This rule does not affect the application of the stay except as provided by this rule.
Effect of stay apart from these Rules
10.
These rules do not affect any power of the court to stay proceedings apart from that provided by these Rules.
Transitional provision
11.
Where—
[3] S.1.1991/1247; relevant amending instruments are S.I. 1991/2113, 1992/456, 1992/2067 1993/295, 1994/3155, 1996/816, 1997/1056, 1998/1901, 2000/2267, 2001/821, 2003/184, 2003/2839, 2004/3375, 2005/264, 2005/412, 2005/559 and 2005/1976.back
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