Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 6 – Miscellaneous Section 84: Evidence
169.Subsection (1) of this section provides that enactments or rules of law applying to the giving of evidence by a spouse will apply also to the giving of evidence by a civil partner.
170.However, subsection (2) sets out that the general provision in subsection (1) is subject to any specific amendment made by or under the Act which relates to the giving of evidence by a civil partner. This takes account of the fact that in some instances it is more appropriate to amend specific provisions in other enactments or rules. A number of the amendments made by Schedule 27 relate specifically to the giving of evidence by a civil partner.
171.Subsection (5) provides that any rule of law which makes evidence of family tradition admissible to prove or disprove the existence of a marriage is to apply in a similar way in order to prove or disprove the existence of a civil partnership.