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Blackstone's Guide to the Civil Partnership Act 2004
Nichola Gray and Dominic Brazil
370 pages
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234x156mm
978-0-19-928570-9
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Paperback
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26 May 2005
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- Provides a clear analysis of the Civil Partnerships Act 2004 and a detailed explanation of its provisions.
- Details the the way in which the Act regulates the financial arrangements between civil partners.
- Places the Act in context and cross refers to existing legislation referable to married couples
- Explains the legal differences between civil partners and same sex couples who do not register as civil partners
- Accessible and easy to use layout with simpler step-by-step practical guides, makes this an ideal quick reference.
- Includes a copy of the Civil Partnerships Act 2004
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Civil Partnerships Act 2004 is a ground-breaking piece of legislation which allows for the first time, adult same-sex couples to create a legal status similar to marriage, a 'Civil
Partnership'. The Act received Royal Assent in November 2004 and is expected to come into force in late 2005/early 2006.
The purpose of the Act is to remedy the discrimination present in existing legislation, against gay and lesbian couples. It provides civil partners with the same rights and obligations as spouses and provides same sex couples who do not register as civil partners, with the same rights and obligations as unmarried opposite sex couples. It also amends a variety of existing statutes (including the Family Law Act 1996, the Children Act 1989 and the Inheritance Act 1975) and registration and dissolution of civil partnerships and the financial arrangements between civil partners.
This Guide contains a copy of the Act and
places it in context, explaining clearly how it fits with current arrangements for same sex partners. The Guide is extensively cross referenced to existing statues relating to married couples, to show how some of the provisions mirror or are comparable with the new Act. It contains step-by-step practical guides to aid understanding and is an ideal quick reference resource for practitioners in the field.Readership: Primary: Solicitors and barristers specialising in family law.
Secondary: Lawyers working in PI, Pensions, Immigration and Wills &Probate. Also the Court of Protection, Gay rights groups, libraries and CAB.
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Nichola Gray, Barrister, 1 Hare Court, and Dominic Brazil, Barrister, 1 King's Bench Walk
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"It is a credit to the authors that they have managed to write a comprehensive guide to the major areas well in advance...The book is well referenced throughout, and always directs the reader back to the relevant part of the primary legislation. It also explains in straightforward terms how the provisions of the Act inter-relate with existing legislation...I found this an extremely useful guide to what is a complex new piece of law." - Jon Cartwright (Hazelwoods LLP) New Law Journal
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1: Introduction
Article 14, European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
An overview of the Civil Partnership Act 2004
2: The Creation of a Civil Partnership
Eligibility
Registration of a civil partnership
The standard procedure
The procedure for house-bound, detained and non-resident persons
The special procedure
Registration by former spouses, one of whom has changed sex
Civil partnership agreements
Practical guide
3: The Termination of a Civil Partnership
Introduction
Dissolution orders
Nullity orders
Separation orders
Presumption of death orders
Applications for final dissolution and nullity orders by respondents
Dissolution, nullity and separation orders affecting children of the family
Declarations in relation to a civil partnership
Intervention of the Queen's Proctor and third parties
Practical guide
4: Civil Partnerships Formed or Dissolved Abroad
Registration outside the UK under an Order in Council
Recognition of foreign cicil partnerships
Jurisdiction to make nullity orders in relation to civil partnerships formed abroad
Recognition of overseas dissolution etc
5: Financial Relief in the High Court and County Court
Bar on applications for financial relief
Financial provision orders
Property adjustment orders
Sale of property orders
Pension sharing and pension attachment orders
Maintenance pending outcome orders
Matters to which the court must have regard
Failure to maintain
Variation and discharge of financial relief orders
Consent orders and maintenance agreements
Arrears and repayments
Freezing and avoidance of disposition orders
Improvements to property and property disputes
6: Financial Relief in the Magistrates' Court
Orders in failure to maintain/behaviour/desertion cases: Part 1 orders
Orders for agreed financial provision: Part 2 orders
Orders where the civil partners are living separately: Part 3 orders
Interim orders
Variation of orders
Enforcement, arrears and repayments
Variation of maintenance agreements
Failure to maintain: magistrates' court and High Court/county court compared
7: Financial Relief Following an Overseas Dissolution, Annulment or Separation
Bar to applications for financial relief
Jurisdiction of the courts in England and Wales to make orders for financial relief
Financial orders which the court may make
Matters to which the court must have regard
Orders restraining and setting aside dispositions
8: Wills, Administration of Estates and Family Provision
Revocation of wills upon formation of a civil partnership
Effect of dissolution and annulment orders upon wills
Intestacy
Applications for family provision
Life assurance policies
Fatal accident claims
9: Housing and Tenancies
Succession to tenancies
Transfer of tenancies
10: Children of Civil Partners
Parental responsibility
Guardianship
Residence and contact orders
Financial provision for children
Adoption
11: Civil Partnership Homes and Domestic Violence
Rights to occupy the civil partnership home
Occupation orders
Non-molestation orders
Ex parte orders, powers of arrest and undertakings
12: Child Support, Social Security and Taxation
Child support
Social security benefits
Taxation
13: Pensions
State retirement pension
Occupational and personal pension schemes
14: Jurisdiction
Jurisdiction of the courts in relation to dissolution, separation, nullity, presumption of death and declarations as to validity
Allocation to the High Court and county court
APPENDICES
Appendix 1: Civil Partnership Act 2004
Appendix 2: Useful Web References
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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