Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraphs 90 to 96 – Matrimonial and Family Proceedings Act 1984 (c. 42)
988.Paragraph 90 amends section 12 of the Matrimonial and Family Proceedings Act 1984 so that in respect of applications for financial relief following overseas divorces, no application may be made if the applicant either remarries or forms a subsequent civil partnership.
989.Paragraphs 91 to 96 insert amendments to enable civil partnership proceedings to be designated as family business and for the Lord Chancellor to allocate courts to deal with civil partnership proceedings.
990.Paragraph 91 amends section 32 to add a definition of civil partnership causes to the defined terms used in Part V of the 1984 Act.
991.Paragraph 92 inserts new sections 36A to 36D. The new section 36A makes provision for the jurisdiction of county courts in civil partnership causes, so that the Lord Chancellor may by order designate any county court as a “civil partnership proceedings county court”. Section 36B makes provision for the civil partnership proceedings county courts to have jurisdiction to deal with financial relief and protection of children in respect of civil partnership causes. Section 36C allows for court rules to confer jurisdiction on civil partnership proceedings county courts to consider agreements made between civil partners in respect of civil partnership proceedings. Section 36D provides for the Lord Chancellor to assign circuit judges to exercise the jurisdiction of civil partnership proceedings county courts.
992.Paragraph 93 amends section 38(3) of the Matrimonial and Family Proceedings Act 1984 to provide for the High Court to give directions for civil partnership causes to be transferred from the High Court to a county court where appropriate.
993.Paragraph 94 amends section 39(2) of the 1984 Act to enable civil partnership causes to be transferred to the High Court from a county court.
994.Paragraph 95 amends section 40(4)(b) of the 1984 Act to allow orders made in respect of civil partnership causes to be enforced in the High Court.
995.Paragraph 96 amends section 42 of the 1984 Act to enable civil partnership causes to be dealt with by the principal registry of the Family Division where appropriate and for the same jurisdiction and powers of enforcement to be available in the principal registry of the Family Division as in a county court.