Civil Partnership Act 2014

Link to law: http://www.gibraltarlaws.gov.gi/articles/2014-10o.pdf
Published: 2014-03-28

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I ASSENT Civil Partnership
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2014-10



CIVIL PARTNERSHIP ACT 2014


Principal Act

Act. No. 2014-10 Commencement 28.3.2014
Assent 25.3.2014




Amending
enactments
Relevant current
provisions
Commencement
date



Civil Partnership
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2014-10

ARRANGEMENT OF SECTIONS

PART 1
INTRODUCTION

Section.

1. Title and commencement.
2. Interpretation.
3. Appointment of Registrar and Deputies.
4. Civil partnership.

PART 2
CIVIL PARTNERSHIP

CHAPTER 1
REGISTRATION

Formation, eligibility and parental etc. consent

5. Formation of civil partnership by registration.
6. Eligibility.
7. Parental or court consent where proposed civil partner under 18.
8. Places of and preliminaries to civil partnership.
9. Notice to Registrar.
10. Registrar’s certificate.
11. Registrar’s special certificate.
12. The Minister’s special licence.
13. Caveats.
14. Offences relating to the Registrar’s licence.
15. Criminal offences.
16. Offences relating to the recording of civil partnerships.
17. Regulations and orders.

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS

Introduction

18. Powers to make orders and effect of orders.
19. The period before conditional orders may be made final.
20. Intervention of the Attorney General.
21. Proceedings before order has been made final.
22. Time bar on application for dissolution orders.
23. Attempts at reconciliation of civil partners.
24. Consideration by the court of certain agreements or arrangements.

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Dissolution of civil partnerships

25. Dissolution of civil partnership which has broken down
irretrievably.
26. Supplemental provisions as to facts raising presumption of
breakdown.
27. Application for dissolution orders.
28. Refusal of dissolution in 3 year separation cases on ground of grave
hardship.
29. Proceedings before order made final: protection for respondents in
separation cases.

Nullity

30. Grounds on which civil partnership void.
31. Grounds on which civil partnership voidable.
32. Bars to relief where civil partnership is voidable.
33. Proof of certain matters not necessary to validity of civil partnership.

Presumption of death orders

34. Presumption of death orders.

Separation orders

35. Separation orders.
36. Effect of a separation order.

Declarations

37. Declarations.
38. General provisions as to making and effect of declarations.
39. The Attorney General and proceedings for declarations.
40. Supplementary provisions as to declarations.
41. Relief for respondent in dissolution proceedings.
42. Restrictions on making of orders affecting children.
43. Parties to proceedings under this Chapter.

CHAPTER 3
FINANCIAL AGREEMENTS

44. Interpretation and application.
45. Financial agreements before civil partnership.
46. Financial agreements during civil partnership.
47. Financial agreements after the dissolution of the civil partnership.
48. Need for a declaration of separation for certain provisions of
financial agreements to take effect.
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49. Whether or when certain other provisions of financial agreements
take effect.
50. Certain provisions in agreements.
51. When financial agreements are binding.
52. Effect of death of party to financial agreement.
53. Termination of financial agreement.
54. Circumstances in which court may set aside a financial agreement or
termination agreement.
55. Validity, enforceability and effect of financial agreements and
termination agreements.

CHAPTER 4
PROPERTY AND FINANCIAL ARRANGEMENTS

56. Contribution by civil partner to property improvement.
57. Disputes between civil partners about property.
58. Applications under section 45 where property not in possession etc.
59. Applications under section 57 by former civil partners.
60. Actions in tort between civil partners.
61. Married Women Act.
62. Wills, administration of estates and family provisions.
63. Financial relief abroad.
64. Power to amend enactments relating to financial and other relief in
the Supreme Court.
65. Financial provision and property adjustment for parties to civil
partnerships.
66. Maintenance pending suit.
67. Financial provisions orders in connection with dissolution
proceedings, etc.
68. Deduction of maintenance at source.
69. Property adjustment orders in connection with dissolution
proceedings, etc.
70. Orders for sale of property.
71. Matters to which court is to have regard in deciding how to exercise
its powers under sections 67 to 70.
72. Exercise of court’s powers in favour of party to civil partnership of
making of dissolution or nullity order.
73. Commencement of proceedings for financial relief, etc.
74. Financial provision orders, etc., in case of neglect by party to civil
partnership to maintain other party or a child of the family.
75. Duration of continuing financial provision orders in favour of a party
to the civil partnership and effect of entering into a subsequent civil
partnership or marriage.
76. Duration of continuing financial provision orders in favour of
children, and age limit on making certain orders in their favour.
77. Direction for settlement of instrument for securing payments or
effecting property adjustments.
78. Variation, discharge, etc., of certain orders for financial relief.
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79 Orders for repayment in certain cases of sums paid after cessation of
order by reason of re-entering into a subsequent civil partnership of
marriage.
80. Orders for repayment in certain cases of sums paid under certain
orders.
81. Consent orders for financial provision on property adjustment.
82. Avoidance of transactions intended to prevent or reduce financial
relief.
83. Extension of Married Women Act.
84. Vesting of possession in tenancy.

Inheritance

85. Power to bar applications under the Inheritance (Provision of
Family, and Dependants) Act.


CHAPTER 5
CIVIL PARTNERSHIP AGREEMENTS

86. Civil partnership agreements unenforceable.
87. Property where civil partnership agreement is terminated.

CHAPTER 6
CHILDREN

88. Children.


CHAPTER 7
MISCELLANEOUS

89. False statements etc. with reference to civil partnerships.
90. Housing and tenancies.
91. Family homes and domestic violence.
92. Evidence

PART 3
CIVIL PARTNERSHIP FORMED OR DISSOLVED ABROAD ETC.

CHAPTER 1
OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERS

93. Meaning of “overseas relationship”.
94. Specified relationships.
95. The general conditions.
96. Overseas relationships treated as civil partnership: the general rule.
97. Person domiciled in Gibraltar.
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98. The public policy exception.

CHAPTER 2
DISSOLUTION ETC.: JURISDICTION AND RECOGNITION

99. Proceedings for dissolution, separation or nullity order.
100. Proceedings for a presumption of death order.
101. Applications for declarations as to validity.

Recognition of dissolution, annulment and separation

102. Recognition in Gibraltar of overseas dissolution, annulment or
separation.
103. Grounds for recognition.
104. Refusal of recognition.
105. Non-recognition elsewhere of dissolution or annulment.

PART 4
RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP

106. Interpretation of statutory references to stepchildren etc.

PART 5
MISCELLANEOUS

107. Immigration control and formation of civil partnerships.
108. Discrimination against civil partners in the employment field.
109. Civil partners to have unlimited insurable interest in each other.
110. Social security and tax credits.
111. Enactments relating to pensions.
112. Pension sharing orders.
113. Pension sharing orders in connection with dissolution
proceedings etc.
114. Pension sharing orders: nullity of civil partnership.
115. Restrictions affecting section 114.
116. Pension sharing orders: duty to stay.
117. Pensions.
118. Pensions: lump sums.
119. Pensions: supplementary.
120. Discharge of pension sharing orders on making of separation
order.
121. Appeals relating to pension sharing orders which have taken
effect.
122. Power to make further provision in connection with civil
partnership.
123. Rules.
124. Fees.

Civil Partnership
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SCHEDULE 1
PROHIBITED DEGREES OF RELATIONSHIP

SCHEDULE 2
CIVIL PARTNERSHIPS OF PERSONS UNDER 18

SCHEDULE 3
AMENDMENTS TO THE MARRIED WOMEN ACT

SCHEDULE 4
WILLS, ADMINISTRATION OF ESTATES AND FAMILY PROVISION

SCHEDULE 5
FINANCIAL RELIEF IN GIBRALTAR AFTER OVERSEAS
DISSOLUTION ETC. OF A CIVIL PARTNERSHIP

SCHEDULE 6
FINANCIAL AND OTHER RELIEF IN THE SUPREME COURT

SCHEDULE 7
CHILDREN

SCHEDULE 8
HOUSING AND TENANCIES

SCHEDULE 9
FAMILY HOMES AND DOMESTIC VIOLENCE

SCHEDULE 10
MEANING OF OVERSEAS RELATIONSHIPS; SPECIAL
RELATIONSHIPS

SCHEDULE 11
IMMIGRATION CONTROL, GIBRALTARIAN STATUS AND
FORMATION OF CIVIL PARTNERSHIPS

SCHEDULE 12
AMENDMENTS RELATING TO SOCIAL SECURITY AND TAX

SCHEDULE 13
AMENDMENTS TO CERTAIN ACTS RELATING TO PENSIONS

SCHEDULE 14
REFERENCES TO STEPCHILDREN ETC. IN EXISTING ACTS


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Civil Partnership
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AN ACT TO MAKE PROVISION FOR AND IN CONNECTION WITH
CIVIL PARTNERSHIP.


PART 1
INTRODUCTION

Title and commencement.

1. This Act may be cited as the Civil Partnership Act 2014 and comes into
operation on the day of publication.

Interpretation.

2. In this Act unless the context otherwise requires,

“authorised person” means a Government employee or officer or other
person authorised by the Registrar to attest notices of the proposed
civil partnership;

“child”, except where used to express a relationship, means a person who
is under 18;

“child of the family” means−

(a) a child of both the parties to a civil partnership; or

(b) any other child, not being a child who is placed with those
parties as foster carers by the Care Agency under the Children Act
2009, who has been treated by both of those parties as a child
of their family;

“Court” means the Supreme Court;

“the Minister” means the Minister responsible for personal status;

“passenger ship” means any passenger vessel, wherever registered (save
in sections 8(1)(d) and 12(1), in which cases it must be registered
in Gibraltar), of over one hundred gross tons and carrying more
than twelve passengers on a voyage during which they may embark
or disembark in Gibraltar;

“Register” means the register of civil partnerships maintained by the
Registrar;

“Registrar” means the person appointed as Civil Partnership Registrar
pursuant to section 3 and includes a Deputy Registrar.
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Appointment of Registrar and Deputies.

3.(1) The Minister shall appoint a fit and proper person to be the Civil
Partnership Registrar (“the Registrar”), who shall have a seal of such design
as the Minister may direct.

(2) The Minister may appoint one or more Deputy Registrars and, subject
to any directions given to a Deputy Registrar by the Registrar, any Deputy
Registrar so appointed may exercise all the powers and perform all the
duties of the Registrar.

Civil partnership.

4.(1) A civil partnership is a relationship between two people (“civil
partners”)−

(a) which is formed when they register as civil partners of each
other in Gibraltar; or

(b) which they are treated under Chapter 1 of Part 3 as having
formed (at the time determined under that Chapter) by virtue of
having registered an overseas relationship.

(2) Subsection (1) is subject to the provisions of this Act 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 subsection (3) to dissolution and annulment are to
dissolution and annulment having effect under or recognised in accordance
with this Act.

(5) References in this Act to an overseas relationship are to be read in
accordance with Chapter 1 of Part 3.

PART 2
CIVIL PARTNERSHIP

CHAPTER 1
REGISTRATION

Formation, eligibility and parental etc. consent

Formation of civil partnership by registration.

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5.(1) For the purposes of section 4, two people are to be regarded as
having registered as civil partners of each other once each of them has
signed the civil partnership schedule−

(a) at the invitation of, and in the presence of, the Registrar, and

(b) in the presence of each other and two witnesses.

(2) Subsection (1) applies regardless of whether subsections (3) and (4)
are complied with.

(3) After the civil partnership schedule has been signed under
subsection (1), it must also be signed, in the presence of the civil partners
and each other, by−

(a) each of the two witnesses; and

(b) the Registrar.

(4) After the witnesses and the Registrar have signed the civil
partnership schedule, the Registrar must ensure that–

(a) the fact that the two people have registered as civil partners of
each other; and

(b) any other information prescribed by regulations,

is recorded in the Register as soon as is practicable.

(5) No religious service is to be used while the Registrar is officiating at
the signing of a civil partnership schedule.

Eligibility.

6.(1) Two people are ineligible to register as civil partners of each other if−

(a) either of them is already a civil partner or lawfully married;

(b) either of them is under 16; or

(c) they are within prohibited degrees of relationship.

(2) Schedule 1 contains provisions for determining when two people are
within prohibited degrees of relationship.

Parental or Court consent where proposed civil partner under 18.

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7.(1) The consent of the appropriate persons is required before a child and
another person may register as civil partners of each other.

(2) Schedule 2 contains provisions for determining who are the
appropriate persons for the purposes of this section.

(3) The requirement of consent under subsection (1) does not apply if
the child is a surviving civil partner.

(4) Nothing in this section affects any need to obtain the consent of the
Court before a ward of court and another person may register as civil
partners of each other.

(5) Where in any case the consent of any person to a civil partnership is
required and that person refuses to consent or that person’s consent cannot
be obtained by reason of absence, inaccessibility or by reason of being
under any disability, the Court may, on application being made, consent to
the civil partnership and the consent of the Court so given shall have the
same effect as if it had been given by the person whose consent cannot be so
obtained.

(6) The reference in subsection (5) to the consent of any person does not
include the consent of a person in a case where, under Schedule 2, that
consent can or must be dispensed with.

(7) The Chief Justice may make rules with respect to the practice and
procedure to be followed in applications under subsection (5).

Places of and preliminaries to civil partnership.

8.(1) A civil partnership may be entered into−

(a) in the Registrar’s Office; or

(b) in the case of persons who are disabled or housebound, at their
residence, on the delivery of a licence by the Registrar
authorising the same; or

(c) on board a passenger ship registered in Gibraltar on delivery of
a Minister’s special licence authorising the same,

and, in the case of (a) (b) or (c)−

(i) after due notice, or

(ii) after the issue of the Registrar’s special certificate, or

(iii) on the delivery of a licence by the Minister.
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(d) at any place on the delivery of a Minister’s Special Licence.

Notice to Registrar.

9.(1) In every case of a civil partnership intended to be entered into under
the authority of the Registrar’s certificate, one of the parties, both having
resided in Gibraltar for a period of not less than 7 days, shall give notice of
the intended civil partnership in the prescribed form (making such
declaration as may therein be prescribed) to the Registrar.

(2) A notice of proposed civil partnership must include a declaration,
made and signed by the person giving the notice−

(a) at the time the notice is given; and

(b) in the presence of an authorised person,
and the authorised person must attest the declaration by adding the following particulars:
name, description and place of residence.

(3) The necessary declaration is a solemn declaration in writing−

(a) that the proposed civil partner believes that there is no
impediment of kindred or affinity or other lawful hindrance to
the formation of the civil partnership; and

(b) that each of the proposed civil partners has had a usual place of
residence in Gibraltar for at least 7 days immediately before
giving the notice.

(4) Where a notice of proposed civil partnership is given to the Registrar
in accordance with this section and upon payment of the prescribed fee, the
Registrar must ensure that the following information is recorded in the
register as soon as possible−

(a) the fact that the notice has been given and the information in it;

(b) the fact that the authorised person has attested to the
declaration.

(5) On the receipt of a notice of an intended civil partnership and upon
the payment of the prescribed fee, the Registrar shall also post a copy of that
notice in a conspicuous place in his office for a period of not less than 21
days from the time of the receipt thereof.

(6) If, on application being made, the Registrar is satisfied that there are
compelling reasons because of exceptional circumstances of the case for
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shortening the period of 21 days mentioned in subsection (5), the Registrar
may shorten it to such period as the Registrar considers appropriate.

(7) The Register shall be open at all reasonable times, without fee, to all
persons wanting to inspect it.


Registrar’s certificate.

10.(1) Subject to subsection (3), if at any time not more than 3 months nor
less than 21days after the giving of a notice under section 9(1), the Registrar
is requested to do so by or on behalf of the party by whom the notice was
given, then, upon the payment of the prescribed fee, the Registrar shall
issue a certificate under subsection (3) with respect to that notice.

(2) A certificate under this subsection shall be in the prescribed form
and shall−

(a) state the particulars set out in the notice and the date on which
it was given; and

(b) state that the full period of 21 days has elapsed since the notice
was given.

(3) No certificate shall be issued under subsection (1) if−

(a) any lawful impediment has been shown to the satisfaction of
the Registrar why such a certificate should not issue; or

(b) a caveat has been entered against the civil partnership or the
issue of such a certificate.

Registrar’s special certificate.

11.(1) Subject to the restrictions mentioned below, it shall be lawful for the
Registrar, at any time after the expiry of one clear day next after the date of
the issue of a notice under section 9, but subject to the restrictions
mentioned below, to issue a special certificate in the prescribed form which
shall have the same effect as and shall be deemed to be a certificate issued
under section 10.

(2) The Registrar shall not issue a special certificate−

(a) unless the notice under section 9 has been given to the
Registrar by one of the parties to the intended civil partnership;
and

(b) unless both of those parties shall have resided in Gibraltar for
not less than 7 days; and
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(c) except upon the payment of the prescribed fee,

but otherwise this section has effect notwithstanding any other provisions of
this Act.

(3) No such special certificate shall be issued unless one of the parties to
the intended civil partnership appears personally before the Registrar and
produces an affidavit or statutory declaration made by each of the parties
and containing the following particulars−

(a) the first or other names and surnames of the parties and their
respective occupations;

(b) whether the parties or either of them have or has been
previously in a civil partnership or married;

(c) that there is no impediment of kindred or alliance or other
lawful cause, nor any claim commenced in any court to bar or
hinder the proceeding of the proposed civil partnership;

(d) the period during which one of the parties has had his or her
usual place of abode within Gibraltar immediately preceding
the date of the affidavit or statutory declaration;

(e) where either of the parties is under the age of 18 years, that the
consent of the person or persons whose consent to the proposed
civil partnership is required has been obtained and that the
party who is under that age, is not under the age of 16.

The Minister’s special licence.

12.(1) Subject to subsection (2), in the case of persons intending that a civil
partnership be entered into in Gibraltar (or on a passenger ship registered in
Gibraltar) between them, it shall be lawful for the Minister, if the Minister
thinks fit, to dispense with−

(a) the giving of notice; and

(b) the issue of any certificate of the Registrar,

and to grant a special licence, in the prescribed or the like form, authorising
the civil partnership between the parties named in the special licence at the
place (including on a passenger ship registered in Gibraltar) therein stated
within a period of 3 months from the date of issue of the licence.

(2) The Minister shall not issue a special licence except−

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(a) upon presentation to the Minister of an affidavit or statutory
declaration containing the particulars set out in paragraphs (a)
to (e) of section 11(3); and

(b) upon receiving such other information the Minister may
require; and

(c) upon the payment of the proper fee,

but otherwise this section has effect notwithstanding any other provisions of
this Act.

(3)(a) Where the civil partnership is to be entered into in Gibraltar
under a licence granted under this section, the parties to this civil
partnership shall, before the ceremony takes place, present to the Registrar a
statement in the following form-

“We (names) confirm that we were/will be in Gibraltar last
night/tonight. We understand that if the Registrar is not
satisfied with the form of proof of an overnight stay that we
have provided then the Registrar will not be able to register our
civil partnership. (Date and signature of the parties).”;

(b) the forms of proof include the following–

(i) a hotel bill covering the night before or of the
entering into the civil partnership;

(ii) a hotel booking form confirming that the night
of the entering into the civil partnership is paid
for;

(iii) a statement by a resident of Gibraltar,
confirming that the parties spent the night
before the entering into the civil partnership
or will spend the night that the civil
partnership is entered into as his guest at the
relevant address (which must be specified);

(iv) another form of proof that the parties were or
will be in Gibraltar on the night before or of
the date they are entering the civil partnership,
alternatively, a similar statement confirming, to the satisfaction of the
Registrar, that the parties to the proposed civil partnership have spent or will
spend at least one night in Gibraltar immediately prior to or immediately
following the entering into the civil partnership.

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(4) Where both parties to the civil partnership to be entered into under
this section are–

(a) passengers or crew on a passenger ship;

(b) the passenger ship on which they are passengers or crew calls
at Gibraltar;

(c) the parties are to enter the civil partnership ashore in Gibraltar;
and

(d) the parties present to the Registrar a letter or other official
document from the passenger ship’s purser or other officer or
administrator attesting to (a) and (b),
the requirement that the parties have spent or will spend at least one night in
Gibraltar immediately prior to or immediately following the date they enter
the civil partnership in subsection (3) shall not apply.

Caveats.

13.(1) Any person whose consent to a civil partnership is required by this
Act, or who may know of just cause why a civil partnership should not take
place, may enter a caveat against the civil partnership being entered into at
any time before the issue of a certificate under section 10 or 11 or before the
civil partnership is entered into, by writing the word “Forbidden” opposite
to the entry of the notice in the Register, and adding the person’s name,
address and the grounds upon which the person objects to the civil
partnership.

(2) The Registrar shall not issue his certificate or proceed with the civil
partnership until any such caveat has been removed as mentioned below.

(3) Whenever a caveat is entered against a civil partnership taking place
or the issue of the Registrar’s certificate, the Registrar shall forthwith refer
the matter to the Court.

(4) If the Court holds that there is no legal ground in the caveat for
forbidding the civil partnership or the issue of the certificate, the Registrar
may remove the caveat in the manner set out below without requiring any of
the parties to appear.

(5) In other cases, the Court shall summon the parties to the intended
civil partnership and the person who entered the caveat and shall require the
last-named person to show cause why the Registrar should not in due course
issue his certificate or proceed with the civil partnership.

(6) Proceedings under subsection (5) shall be heard and determined in a
summary way, and the Court may award compensation and costs to the
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party against whom the caveat was entered, if it appears that the caveat was
entered on insufficient grounds.

(7) If the Court shall so decide, a declaration shall be made that the
intended civil partnership is proper and may be entered into and a certified
copy of that declaration shall be forwarded to the Registrar.

(8) On the removal of the caveat, the Registrar may issue the certificate
and proceed with the civil partnership as if the caveat had not been entered,
but the time which has elapsed between the entering and removal of the
caveat shall not be computed in the period of 3 months specified in section
12.

(9) The Registrar must provide a system for keeping any records that
relate to civil partnerships and are required by this Chapter to be made.

Offences relating to the Registrar’s licence.

14.(1) A person who knowingly issues a civil partnership schedule–

(a) before the waiting period in relation to each notice of proposed
civil partnership has expired;

(b) after the end of the applicable period; or


(c) at a time when its issue has been forbidden under Schedule 2
by a person entitled to forbid its issue,

commits an offence.

(2) A person who officiates at the signing of a civil partnership schedule
by proposed civil partners, whether it be in an actual or purported capacity
as Registrar, and does so–

(a) at a place other than the place specified in the notices of
proposed civil partnership and the civil partnership schedule;

(b) in the absence of the Registrar;

(c) before the waiting period in relation to each notice of proposed
civil partnership has expired; or

(d) even though the civil partnership is void under section 30 (b) or
(c),

commits an offence.

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(3) A person who gives information pursuant to section 9(3) knowing
that information to be false commits an offence.

Criminal Offences.

15.(1) A person guilty of an offence under section 14 shall be liable on
conviction on indictment to imprisonment for a term not exceeding 2 years
or to a fine of £100 (or both).

(2) A prosecution under this section may not be commenced more than
3 years after the commission of the offence.

Offences relating to the recording of civil partnerships.

16.(1) A Registrar who refuses or fails to comply with the provisions of
this Chapter or of any regulations made under section 17 commits an
offence.

(2) A Registrar guilty of an offence under subsection (1) is liable–

(a) on conviction on indictment, to imprisonment for a term not
exceeding the statutory maximum;

(b) on summary conviction, to a fine not exceeding the statutory
maximum,

and on conviction shall cease to be a Registrar.

(3) If a person–

(a) under arrangements made for the purposes of section 5(4), is
under a duty to record information required to be recorded
under that provision; but

(b) refuses or without reasonable cause omits to do so,

that person commits an offence.

Regulations and orders.

17. The Minister may make regulations as follows−

(a) with respect to the retention of documents relating to civil
partnerships;

(b) prescribing the duties of civil partnership registrars;

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(c) prescribing duties of persons in whose presence any
declaration is made for the purposes of this Chapter;

(d) for the issue by the Registrar of guidance supplementing any
provision made by the regulations;

(e) with respect to allowing persons to search entries in the
Register or any file of statements kept by the Registrar or under
the hand of the Minister or person having the lawful custody of
the Register, as the case may be;

(f) for the issue by the Registrar of certified copies of entries in
the register and for such copies to be received in evidence;

(g) for prescribing forms and fixing fees;

(h) for such other matters as may be necessary for carrying the
purposes of this Act into effect.

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS

Introduction

Powers to make orders and effect of orders.

18.(1) The Court may, in accordance with this Chapter−

(a) make an order which dissolves a civil partnership on the
ground that it has broken down irretrievably (a “dissolution
order”);

(b) make an order which annuls a civil partnership which is void or
voidable (a “nullity order”);

(c) make an order which dissolves a civil partnership on the
ground that one of the civil partners is presumed to be dead (a
“presumption of death order”);

(d) make an order which provides for the separation of the civil
partners (a “separation order”).

(2) Every dissolution, nullity or presumption of death order−

(a) is, in the first instance, a conditional order; and

(b) may not be made final before the end of the prescribed period
(see section 19),
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and any reference in this Chapter to a conditional order is to be read
accordingly.

(3) A nullity order made where a civil partnership is voidable annuls the
civil partnership only as respects any time after the order has been made
final, and the civil partnership is to be treated (despite the order) as if it had
existed up to that time.

(4) This Chapter is subject to sections 99 to 101 (jurisdiction of the
court).

The period before conditional orders may be made final.

19.(1) Subject to subsection (2), the prescribed period for the purposes of
section 18 is–

(a) 6 weeks from the making of the conditional order; or

(b) if the 6 week period would end on a day on which the registry
of the court dealing with the case is closed, the period of 6
weeks is extended to the end of the first day on which the
registry is next open.

(2) If in any particular case the Court thinks it appropriate it may by
order shorten the prescribed period.

Intervention of the Attorney General.

20.(1) This section applies if an application has been made for a
dissolution, nullity or presumption of death order.

(2) If it thinks fit, the Court may direct that all necessary papers in the
matter are to be sent to the Attorney General who may argue before the
Court any question in relation to the matter which the Court considers it
necessary or expedient to have fully argued.

(3) If any person at any time–

(a) during the progress of the proceedings; or

(b) before the conditional order is made final,

gives information to the Attorney General on any matter material to the due
decision in the case, the Attorney General may take such steps as the
Attorney General considers necessary or expedient.

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(4) If the Attorney General intervenes or shows cause against the
making of the conditional order in any proceedings relating to its making,
the Court may make such order as may be just as to–

(a) the payment by other parties to the proceedings of the costs
incurred by the Attorney General in doing so; or

(b) the payment by the Attorney General of any costs incurred by
any of those parties because of his doing so.

Proceedings before order has been made final.

21.(1) This section applies if–

(a) a conditional order has been made; and

(b) the Attorney General, or any person who has not been a party
to proceedings in which the order was made, show cause why
the order should not be made final on the ground that material
facts have not been brought before the Court.

(2) This section also applies if–

(a) a conditional order has been made;

(b) 3 months have elapsed since the earliest date on which an
application could have been made for the order to be made
final;

(c) no such application has been made by the civil partner who
applied for the conditional order; and

(d) the other civil partner makes an application to the Court under
this subsection.

(3) The Court may–

(a) make the order final;

(b) rescind the order;

(c) require further inquiry; or

(d) otherwise deal with the case as it thinks fit.

(4) Subsection (3)(a)–

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(a) applies despite section 19 (period before conditional orders
may be made final); but

(b) is subject to section 29(4) (protection for respondent in
separation cases).

Time bar on applications for dissolution orders.

22.(1) No application for a dissolution order may be made to the Court
before the end of the period of 3 years from the date of the formation of the
civil partnership (in this section called “the specified period”).

(2) The court may, on an application made to it, allow the application
for dissolution within the specified period–

(a) on the ground that the case is one of exceptional hardship
suffered by the applicant or of exceptional depravity on the
part on the respondent; or

(b) in any case where the applicant was under the age of 16 years
at the date of the civil partnership–

but in determining any application on the ground in paragraph (a), the court
shall have regard to the interests of any child of the family, and in
determining any application under this subsection it shall in every case have
regard to the question whether there is a reasonable probability of a
reconciliation of the parties during the specified period.

(3) If it appears to the court, at the hearing of an application for
dissolution presented pursuant to leave granted under subsection (2), that
the leave was obtained by the applicant by any misrepresentation or
concealment of the nature of the case the court may–

(a) dismiss application, without prejudice to any application that
may be brought after the expiration of the specified period on
the same facts, or substantially the same facts, as those proved
in support of the dismissed application; or

(b) if it grants the order, direct that no application to make the
order final shall be made during the specified period.

(4) Nothing in this section prevents the making of an application based
on matters which occurred before the end of the 3 year period.


Attempts at reconciliation of civil partners.

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23.(1) This section applies in relation to cases where an application is made
for a dissolution or separation order.

(2) Where any person in contemplation of proceedings for dissolution,
nullity or separation consults a lawyer, it shall be the duty of that lawyer,
before advising the person to commence such proceedings to advise the
person specifically to consider the possibility of a reconciliation with his or
her civil partner and provide names of contact details of appropriate
mediators.

(3) If despite subsection (2) proceedings are commenced, the applicant
should certify that advice concerning the possibility of a reconciliation has
been received by the applicant.

(4) If at any stage of proceedings for the order it appears to the Court
that there is a reasonable possibility of a reconciliation between the civil
partners, the court may adjourn the proceedings for such period as it thinks
fit to enable attempts to be made to effect a reconciliation between them.

(5) The power to adjourn under subsection (4) is additional to any other
power of adjournment.

Consideration by the Court of certain agreements or arrangements.

24.(1) This section applies in relation to cases where–

(a) proceedings for a dissolution or separation order are
contemplated or have begun; and

(b) an agreement or arrangement is made or proposed to be made
between the civil partners which relates to, arises out of, or is
connected with, the proceedings.

(2) Rules of court may make provision for enabling–

(a) the civil partners, or either of them, to refer the agreement or
arrangement to the Court; and

(b) the Court–

(i) to express an opinion, if it thinks it desirable to do so, as
to the reasonableness of the agreement or arrangement;
and

(ii) to give such directions, if any, in the matter as it thinks
fit.

Dissolution of Civil Partnership
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Dissolution of Civil Partnership which has broken down irretrievably.

25.(1) Subject to section 22, an application for a dissolution order may be
made to the Court by either civil partner on the ground that the civil
partnership has broken down irretrievably.

(2) On an application for a dissolution order the Court must inquire, so
far as it reasonably can, into–

(a) the facts alleged by the applicant; and

(b) any facts alleged by the respondent.

(3) The Court hearing an application for a dissolution order must not
hold that the civil partnership has broken down irretrievably unless the
applicant satisfies the Court of one or more of the facts described in
subsection (5) (a), (b), (c) or (d).

(4) But if the Court is satisfied of any of those facts, it must make a
dissolution order unless it is satisfied on all the evidence that the civil
partnership has not broken down irretrievably.

(5) The facts referred to in subsections (3) and (4) are–

(a) that the respondent has behaved in such a way that the
applicant cannot reasonably be expected to live with the
respondent;

(b) that–

(i) the applicant and the respondent have lived apart for a
continuous period of at least 2 years immediately
preceding the making of the application (“2 years’
separation”); and

(ii) the respondent consents to a dissolution order being
made;

(c) that the applicant and the respondent have lived apart for a
continuous period of at least 3 years immediately preceding the
making of the application (“3 years’ separation”);

(d) that the respondent has deserted the applicant for a continuous
period of at least 2 years immediately preceding the making of
the application.

Supplemental provisions as to facts raising presumption of breakdown.
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26.(1) Subsection (2) applies if–

(a) in any proceedings for a dissolution order the applicant alleges,
in reliance on section 25(5)(a), that the respondent has behaved
in such a way that the applicant cannot reasonably be expected
to live with the respondent, but

(b) after the date of the occurrence of the final incident relied on
by the applicant and held by the Court to support his allegation,
the applicant and the respondent have lived together for a
period (or periods) which does not, or which taken together do
not, exceed 6 months.

(2) The fact that the applicant and respondent have lived together as
mentioned in the subsection (1)(b) must be disregarded in determining, for
the purposes of section 25(5)(a), whether the applicant cannot reasonably be
expected to live with the respondent.

(3) Subsection (4) applies in relation to cases where the applicant
alleges, in reliance on section 25(5)(b), that the respondent consents to a
dissolution order being made.

(4) Rules of court must make provision for the purpose of ensuring that
the respondent has been given such information as will enable the
respondent to understand–

(a) the consequences to the respondent of consenting to the
making of the order; and

(b) the steps which the respondent must take to indicate his
consent.

(5) For the purposes of section 25(5)(d) the Court may treat a period of
desertion as having continued at a time when the deserting civil partner was
incapable of continuing the necessary intention, if the evidence before the
court is such that, had that person not been so incapable, the Court would
have inferred that the desertion continued at that time.

(6) In consideration for the purposes of section 25(5) whether the period
for which the civil partners have lived apart or the period for which the
respondent has deserted the applicant has been continuous, no account is to
be taken of–

(a) any one period not exceeding 6 months; or

(b) any two or more periods not exceeding 6 months in all, during
which the civil partners resumed living with each other.
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(7) But no period during which the civil partners have lived with each
other counts as part of the period during which the civil partners have lived
apart or as part of the period of desertion.

(8) For the purposes of section 25(5)(b) and (c) and this section civil
partners are to be treated as living apart unless they are living with each
other in the same household, and references in this section to civil partners
living with each other are to be read as references to their living with each
other in the same household.

Applications for dissolution orders.

27.(1) Subsections (2) and (3) apply if any of the following orders has been
made in relation to a civil partnership–

(a) a separation order;

(b) an order under sections 64-84 (financial relief etc.).

(2) Nothing prevents–

(a) either civil partner from applying for a dissolution order; or

(b) the court from making a dissolution order;

on the same facts, or substantially the same facts, as those proved in
support of the making of the order referred to in subsection (1).

(3) On the application for the dissolution order, the Court–

(a) may treat the order referred to in subsection (1) as sufficient
proof of any desertion or other fact by reference to which it
was made; but

(b) must not make the dissolution order without receiving evidence
from the applicant.

(4) If–

(a) the application for the dissolution order follows a separation
order or any order requiring the civil partners to live apart;

(b) there was a period of desertion immediately preceding the
institution of the proceedings for the separation order; and

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(c) the civil partners have not resumed living together and the
separation order has been continuously in force since it was
made,

the period of desertion is to be treated for the purposes of the application for
the dissolution order as if it had immediately preceded the making of the
application.

(5) For the purposes of section 25(5)(d) the Court may treat as a period
during which the respondent has deserted the applicant any period during
which there is in force an injunction granted by the Court which excludes
the respondent from the civil partnership home.

Refusal of dissolution in 3 year separation cases on ground of grave
hardship.

28.(1) The respondent to an application for a dissolution order in which the
applicant alleges 3 years’ separation may oppose the making of an order on
the ground that–

(a) the dissolution of the civil partnership will result in grave
financial or other hardship to the respondent; and

(b) it would in all the circumstances be wrong to dissolve the civil
partnership.

(2) Subsection (3) applies if–

(a) the making of a dissolution order is opposed under this section;

(b) the Court finds that the applicant is entitled to rely in support
of this application on the fact of 3 years’ separation and makes
no such finding as to any other fact mentioned in section 25(5);
and

(c) apart from this section, the Court would make a dissolution
order.

(3) The Court must–

(a) consider all the circumstances, including the conduct of the
civil partners and the interests of the civil partners and of other
persons concerned; and

(b) if it is of the opinion that the ground mentioned in subsection
(1) is made out, dismiss the application for the dissolution
order.

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(4) “Hardship” includes the loss of the chance of acquiring any benefit
which the respondent might acquire if the civil partnership were not
dissolved.

Proceedings before order made final: protection for respondent in
separation cases.

29.(1) On an application made by the respondent, the Court may rescind a
conditional dissolution order if–

(a) it made the order on the basis of finding that the applicant was
entitled to rely on the fact of 2 years’ separation coupled with
the respondent’s consent to a dissolution order being made;

(b) it made no such finding as to any other fact mentioned in
section 25(5); and

(c) 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 give his consent.

(2) Subsections (3) to (5) apply if–

(a) the respondent to an application for a dissolution order in
which the applicant alleged–

(i) 2 years’ separation coupled with the respondent’s
consent to a dissolution order being made, or

(ii) 3 years’ separation,

has applied to the Court for consideration under subsection (3)
of his financial position after the dissolution of the civil
partnership; and

(b) the Court–

(i) has made a conditional dissolution order on the basis of a
finding that the applicant was entitled to rely in support
of his application on the fact of 2 years’ or 3 years’
separation, and

(ii) has made no such finding as to any other fact mentioned
in section 25(5).

(3) The Court hearing an application by the respondent under subsection
(2) must consider all the circumstances, including–

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(a) the age, health, conduct, earning capacity, financial resources
and financial obligations of each of the parties; and

(b) the financial position of the respondent as, having regard to the
dissolution, it is likely to be after the death of the applicant
should the applicant die first.

(4) Subject to subsection (5), the Court must not make the order final
unless it is satisfied that–

(a) the applicant should not be required to make any financial
provision for the respondent; or

(b) the financial provision made by the applicant for the
respondent is–

(i) reasonable and fair, or
(ii) the best that can be made in the circumstances.

(5) The court may if it thinks fit make the order final if–

(a) it appears that there are circumstances making it desirable that
the order should be made final without delay; and

(b) it has obtained a satisfactory undertaking from the applicant
that the applicant will make such financial provision for the
respondent as it may approve.

Nullity

Grounds on which civil partnership is void.

30. Where two people register as civil partners of each other in Gibraltar
the civil partnership is void if–

(a) at the time when they do so, they are not eligible to register as
civil partners of each other under Chapter 1 (see section 6);

(b) at the time when they do so they both know−

(i) that due notice of proposed civil partnership has not been
given;

(ii) that the civil partnership schedule has not been duly
issued;

(iii) that the civil partnership schedule is void under section
18(1);
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(iv) that the place of registration is a place other than that
specified in the notices (or notice) of proposed civil
partnership and the civil partnership schedule; or

(v) that a Registrar is not present; or

(c) the civil partnership schedule is void under paragraph 6(5) of
Schedule 2 (civil partnership between child and another person
forbidden).

Grounds on which civil partnership is voidable.

31.(1) Where two people register as civil partners of each other in Gibraltar
the civil partnership is voidable if–

(a) either of them did not validly consent to its formation (whether
as result of duress, mistake, unsoundness of mind or
otherwise);

(b) at the time of its formation either of them, though capable of
giving a valid consent, was suffering (whether continuously or
intermittently) from mental disorder of such a kind or to such
an extent as to be unfit for civil partnership; or

(c) at the time of its formation, the respondent was pregnant by
some person other than the applicant;

(2) In this section and section 32 “mental disorder” has the same
meaning as in the Mental Health Act.

Bars to relief where civil partnership is voidable.

32.(1) The Court must not make a nullity order on the ground that a civil
partnership is voidable if the respondent satisfies the court–

(a) that with knowledge that it was open to the applicant to obtain
a nullity order, the applicant conducted himself or herself 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 subsection (1), the Court must not make a
nullity order by virtue of section 31(1)(a), (b) or (c) unless–

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(a) it is satisfied that proceedings were instituted within 3 years
from the date of the formation of the civil partnership; or

(b) permission for the institution of proceedings after the end of
that 3 year period has been granted under subsection (3).

(3) The Court may, on an application made to it, grant permission for
the institution of proceedings if it–

(a) is satisfied that the applicant has at some time during the 3 year
period suffered from mental disorder; and

(b) considers that in all the circumstances of the case it would be
just to grant permission for the institution of proceedings.

(4) An application for permission under subsection (3) may be made
after the end of the 3 year period.

(5) Without prejudice to subsection (1) and (2), the Court must not make
a nullity order by virtue of section 31(1)(c) unless it is satisfied that the
applicant was at the time of the formation of the civil partnership ignorant
of the facts alleged.

Proof of certain matters not necessary to validity of civil partnership.

33.(1) Where two people have registered as civil partners of each other in
Gibraltar it is not necessary in support of the civil partnership to give
any proof–

(a) that any person whose consent to the civil partnership was
required by section 7 (parental etc. consent) had given consent;
or

(b) that the Registrar was properly designated;

and no evidence is to be given to prove the contrary in any
proceedings touching the validity of the civil partnership.

(2) Subsection (1)(a) is subject to section 30 (c) (civil partnership void if
forbidden).


Presumption of death orders

Presumption of death orders.

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34.(1) The Court may, on an application made by a civil partner, make a
presumption of death order if it is satisfied that reasonable grounds exist for
supposing that the other civil partner is dead.

(2) In any proceedings under this section the fact that–

(a) for a period of 7 years or more the other civil partner has been
continually absent for the applicant; and

(b) the applicant has no reason to believe that the other civil
partner has been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.

(3) The Court has jurisdiction to entertain proceedings for a
presumption of death order if (and only if)–

(a) the applicant is domiciled in Gibraltar on the date when the
proceedings are begun;

(b) the applicant was habitually resident in Gibraltar throughout
the period of 1 year ending with that date; or

(c) the two people concerned registered as civil partners of each
other in Gibraltar and it appears to the Court to be in the
interests of justice to assume jurisdiction in the case.

Separation orders

Separation orders.

35.(1) An application for a separation order may be made to the Court by
either civil partner on the ground that any such fact as is mentioned in
section 25(5)(a), (b), (c) or (d) exists.

(2) On an application for a separation order the Court must inquire, so
far as it reasonably can, into–

(a) the facts alleged by the applicant; and

(b) any facts alleged by the respondent,

but whether the civil partnership has broken down irretrievably is irrelevant.

(3) If the Court is satisfied on the evidence of any such fact as is
mentioned in section 25(5)(a), (b), (c) or (d) it must make a separation
order.

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(4) Section 26 (supplemental provisions as to facts raising presumption
of breakdown) applies for the purposes of an application for a separation
order alleging any such fact as it applies in relation to an application for a
dissolution order alleging that fact.

Effect of separation order.

36. If either civil partner dies intestate as respects all or any of his or her
real or personal property while–

(a) a separation order is in force; and

(b) the separation is continuing,

the property as respects which he or she died intestate devolves as if the
other civil partner had then been dead.

Declarations

Declarations.

37.(1) Any person may apply to the Court for one or more of the following
declarations in relation to a civil partnership specified in the application–

(a) a declaration that the civil partnership was at its inception a
valid civil partnership;

(b) a declaration that the civil partnership subsisted on a date
specified in the application;

(c) a declaration that the civil partnership did not subsist in a date
so specified;

(d) a declaration that the validity of a dissolution, annulment or
legal separation obtained outside Gibraltar in respect of the
civil partnership is entitled to recognition in Gibraltar;

(e) a declaration that the validity of a dissolution, annulment or
legal separation so obtained in respect of the civil partnership
is not entitled to recognition in Gibraltar.

(2) Where an application under subsection (1) is made to the Court by a
person other than a civil partner in the civil partnership to which the
application relates, the court must refuse to hear the application if it
considers that the applicant does not have a sufficient interest in the
determination of that application.

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(3) The Court has jurisdiction to entertain an application under
subsection (1) and (2) if (and only if)–

(a) either of the civil partners in the civil partnership to which
application relates–

(i) is domiciled in Gibraltar on the date of the application;

(ii) has been habitually resident in Gibraltar throughout the
period of 1 year ending with that date; or

(iii) died before that date and either was at death domiciled in
Gibraltar or had been habitually resident in Gibraltar
throughout the period of 1 year ending with the date of
death; or

(b) the two people concerned registered as civil partners of each
other in Gibraltar and it appears to the Court to be in the
interests of justice to assume jurisdiction in the case.

General provisions as to making and effect of declarations.

38.(1) Where on an application for a declaration under section 37 the truth
of the proposition to be declared is proved to the satisfaction of the Court,
the Court must make the declaration unless to do so would be manifestly
contrary to public policy.

(2) Any declaration under section 37 is binding on all persons.

(3) The court, on the dismissal of an application for a declaration under
section 37, may not make any declaration for which an application has not
been made.

(4) No declaration which may be applied for under section 37 may be
made otherwise than under that section by any court.

(5) No declaration may be made by the court, whether under section 37
or otherwise, that a civil partnership was at its inception void.

(6) Nothing in this section affects the powers of any court to make a
nullity order in respect of a civil partnership.

The Attorney General and proceedings for declarations.

39.(1) On an application for a declaration under section 37 the Court may
at any stage of the proceedings, of its own motion or on the application of
any party to the proceedings, direct that all necessary papers in the matter be
sent to the Attorney General.
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(2) In an application for a declaration under section 37, whether or not
papers have been sent to the Attorney General in relation to that application,
the Attorney General may–

(a) intervene in the proceedings on that application in such manner
as the Attorney General thinks necessary or expedient; and

(b) argue before the court dealing with the application any
question in relation to the application which the court considers
it necessary to have fully argued.

(3) Where any costs are incurred by the Attorney General in connection
with any application for a declaration under section 37, the court may make
such order as it considers just as to the payment of those costs by parties to
the proceedings.

Supplementary provisions as to declarations.

40.(1) Any declaration made under section 37, and any application for such
a declaration, shall be in the form prescribed by rules of court.

(2) Rules of court may make provision–

(a) as to the information required to be given by any applicant for
a declaration under section 37; and

(b) requiring notice of an application under section 37 to be served
on the Attorney General and on persons who may be affected
by any declaration applied for.

(3) No proceedings under section 37 affect any final judgment or order
already pronounced or made by any court of competent jurisdiction.

(4) The court hearing an application under section 37 may direct that the
whole or any part of the proceedings shall be heard in private.

(5) An application for a direction under subsection (4) shall be heard in
private unless the court otherwise directs.

Relief for respondent in dissolution proceedings.

41.(1) If in any proceedings for a dissolution order the respondent alleges
and proves any such fact as is mentioned in section 25(5)(a), (b), (c) or (d)
the Court may give to the respondent the relief to which the respondent
would have been entitled if the respondent had made an application seeking
that relief.

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(2) Where subsection (1) applies, then, for the purposes of section 25(5),−

(a) the respondent shall be treated as the applicant; and

(b) the applicant shall be treated as the respondent,

Restrictions on making of orders affecting children.

42.(1) In any proceedings for a dissolution, nullity or separation order, the
court must consider–
(a) whether there are any children of the family to whom this section applies,
and
(b) if there are any such children, whether (in the light of the arrangements
which have been, or are proposed to be, made for their upbringing and
welfare) it should exercise any of its powers under the Children Act 2009
with respect to any of them.
(2) If, in the case of any child to whom this section applies, it appears to
the court that–
(a) the circumstances of the case require it, or are likely to require it, to
exercise any of its powers under the Children Act 2009 with respect to
any such child;
(b) it is not in a position to exercise the 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
section,
it may direct that the order is not to be made final, or (in the case of a separation
order) is not to be made, until the court orders otherwise.
(3) This section applies to–
(a) any child of the family who has not reached 16 at the date when the court
considers the case in accordance with the requirements of this section;
and
(b) any child of the family who has reached 16 at that date and in relation to
whom the court directs that this section shall apply.

Parties to proceedings under this Chapter.

43.(1) Rules of court may make provision with respect to–

(a) the joinder as parties to proceedings under sections 25 to 35 of
persons involved in allegations of improper conduct made in
those proceedings;

(b) the dismissal from such proceedings of any parties so joined;
and
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(c) the persons who are to be parties to proceedings on an
application under section 37.

(2) Rules of court made under this section may make different provision
for different cases.

(3) In every case in which the Court considers, in the interest of a person
not already a party to the proceedings, that the person should be made a
party, the court may if it thinks fit allow the person to intervene upon such
terms, if any, as the court thinks just.

CHAPTER 3
FINANCIAL AGREEMENTS

Interpretation and application.

44.(1) In this Chapter−

“dealt with” includes the meaning given by section 50; and

“civil partnership” includes a civil partnership which is void.

(2) Nothing in Part V of the Maintenance Act shall apply to any
agreement made pursuant to any provisions of this Chapter.

Financial agreements before civil partnership.

45.(1) If−

(a) people who are contemplating entering into a civil
partnership with each other make a written agreement with
respect to any of the matters mentioned in subsection (2);

(b) at the time of the making of the agreement, the people are not
the parties to any other binding agreement (whether made
under this section or section 46 or 47 with respect to any of
those matters; and

(c) the agreement is expressed to be made under this section,

the agreement is a financial agreement.

(2) The matters referred to in subsection (1)(a) are the following−

(a) how, in the event of the breakdown of the civil partnership of
the property or financial resources of either or both of the civil
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partners at the time when the agreement is made, or at a later
time and before dissolution, is to be dealt with;

(b) the maintenance of either of the civil partners−

(i) during the civil partnership;

(ii) after dissolution; or

(iii) both during the civil partnership and after dissolution.

(3) A financial agreement made as mentioned in subsection (1) may also
contain−

(a) matters incidental or ancillary to those mentioned in subsection
(2); and

(b) other matters.

(4) A financial agreement (the new agreement) made as mentioned in
subsection (1) may terminate a previous financial agreement (however
made) if all of the parties to the previous agreement are parties to the new
agreement.

Financial agreements during civil partnership.

46.(1) If−

(a) the parties to a civil partnership make a written agreement with
respect to any of the matters mentioned in subsection (2);

(b) at the time of the making of the agreement, the parties to the
civil partnership to any other binding agreement (whether
made under this section or section 45 or 47 with respect to any
of those matters; and

(c) the agreement is expressed to be made under this section,

the agreement is a financial agreement.

(2) The matters referred to in subsection (1)(a) are the following−

(a) how, in the event of the breakdown of the civil partnership,
all or any of the property or financial resources of either or
both of the civil partners at the time when the agreement is
made, or at a later time and during the civil partnership, is to
be dealt with;

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(b) the maintenance of either of the civil partners−

(i) during the civil partnership;

(ii) after dissolution; or

(iii) both during the civil partnership and after dissolution.

(3) For the avoidance of doubt, a financial agreement under this section
may be made before or after the civil partnership has broken down.

(4) A financial agreement made as mentioned in subsection (1) may also
contain−

(a) matters incidental or ancillary to those mentioned in subsection
(2); and

(b) other matters.

(5) A financial agreement (the new agreement) made as mentioned in
subsection (1) may terminate a previous financial agreement (however
made) if all of the parties to the previous agreement are parties to the new
agreement.

Financial agreements after the dissolution of the civil partnership.

47.(1) If−

(a) after the dissolution of a civil partnership (whether it has taken
effect or not), the parties to the former civil partnership make a
written agreement with respect to any of the matters mentioned
in subsection (2);

(b) at the time of the making of the agreement, the parties to the
civil partnership are not the civil partners to any other binding
agreement (whether made under this section or section 45 or 46
with respect to any of those matters; and

(c) the agreement is expressed to be made under this section,

the agreement is financial agreement.

(2) The matters referred to in subsection (1)(a) are the following−

(a) how all or any of the property of financial resources that either
or both of the civil partners had or acquired during the former
civil partnership is to be dealt with; and

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(b) the maintenance of either of the civil partners.

(3) A financial agreement made as mentioned in subsection (1) may also
contain−

(a) matters incidental or ancillary to those mentioned in subsection
(2); and

(b) other matters.

(4) A financial agreement (the new agreement) made as mentioned in
subsection (1) may terminate a previous financial agreement (however
made) if all of the parties to the previous agreement are parties to the new
agreement.

Need for a declaration of separation for certain provisions of financial
agreement to take effect.

48.(1) A financial agreement that is binding on the parties to the agreement,
to the extent to which it deals with how, in the event of the breakdown of
the civil partnership, all or any of the property or financial resources of
either or both of the civil partners−

(a) at the time when the agreement is made; or

(b) at a later time and before the termination of the civil
partnership by dissolution,

are to be dealt with, is of no force or effect until a declaration of separation
is made.

(2) Before the declaration of separation is made, the financial agreement
will be of force and effect in relation to the other matters it deals with
(except for any matters covered by section 49).

(3) Subsection (1) ceases to apply if−

(a) the civil partnership is dissolved;

(b) either or both of them die,

and in that case the financial agreement will be of force and effect in
relation to the matters mentioned in subsection (1) from the time of the
dissolution or death.

(4) In this Part, a declaration of separation is a written declaration of
separation is a written declaration that complies with subsections (5) and
(6), and may be included in the financial agreement to which it relates.
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(5) The declaration of separation must be signed by both the civil
partners to the financial agreement.

(6) The declaration of separation must state that−

(a) the civil partners have separated and are living separately and
part at the time of declaration; and

(b) in the opinion of the civil partners making the declaration,
there is no reasonable likelihood of cohabitation being
resumed.

(7) In this section−

(a) “time of declaration” means the time when the declaration was
signed by the parties to the financial agreement; and

(b) “separated” means that the parties separated and thereafter
lived separately and apart for a continuous period of 2 years
immediately preceding the date of the filing of the application
for the dissolution, but the parties to a civil partnership held to
have−

(i) separated notwithstanding that the cohabitation was
brought to an end by the action or conduct of one of
the parties; or

(ii) separated and to have lived separately and apart
notwithstanding that they have continued to reside in
the same residence or that either party has rendered
some household services to the other.

Whether or when certain other provisions of financial agreements take
effect.

49.(1) A financial agreement that is binding on the parties to the agreement,
to the extent to which it provides for a third party to contribute to the
maintenance of a civil partner during the civil partnership is of no force or
effect.

(2) A financial agreement that is binding on the parties to the agreement,
to the extent to which it provides for matters covered by section 44 (3)(b)
or 45 (3)(b), is of no force or effect unless and until the civil partnership
breaks down.

Certain provisions in agreements.

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50.(1) No provision of a financial agreement excludes or limits the power
of a court to make an order in relation to the maintenance of a party to a
civil partnership if subsection (2) applies.

(2) This subsection applies if the court is satisfied that, when the
agreement came into effect, the circumstances of the party were such that,
taking into account the terms and effect of the agreement, the party was
unable to support himself or herself without an income, of pension,
allowance or benefit.

(3) A provision in an agreement made as mentioned in section 45(1), 46
(1) or 47(1) that provides for property or financial resources owned by a
civil partner to the agreement to continue in the ownership of that party is
taken, for the purposes of that section, to be a provision with respect to how
the property of financial resources are to be dealt with.


When financial agreements are binding.

51.(1) A financial agreement is binding on the parties to the agreement if−
(a) the agreement is signed by all parties;

(b) the agreement contains, in relation to each civil partner to the
agreement, a statement to the effect that the party to whom the
statement relates has been provided, before the agreement was
signed by him or her, as certified in an annex to the agreement,
with the independent legal advice from a legal practitioner as
to the following matters−

(i) the effect of the agreement on the rights of that party;

(ii) the advantages and disadvantage, at the time that the
advice was provided, to the party of making the
agreement;

(c) the annex to the agreement contains a certificate signed by the
person providing the independent legal advice stating that the
advice was provided; and

(d) the agreement has not been terminated and has not been set
aside by a court.

(2) The court may make such orders for the enforcement of a financial
agreement that is binding on the parties to the agreement as it thinks
necessary.

Effect of death of party to financial agreement.
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52. A financial agreement that is binding on the parties to the agreement
continues to operate despite the death of a party to the agreement and
operates in favour of, and is binding on, the legal representative of that
party.

Termination of financial agreement.
53.(1) The parties to a financial agreement may terminate the agreement
only by−

(a) including a provision to that effect in another financial
agreement as mentioned in section 45(4), 46(4) or 47(4); or

(b) making a written agreement (a termination agreement) to that
effect.

(2) A termination agreement is binding on the parties’ if−

(a) the agreement is signed by all parties to the agreement; and

(b) the agreement contains, in relation to each civil partner to the
agreement, a statement to the effect that the party to whom the
statement relates has been provided, before the agreement was
signed by him or her, as certified in an annex to the agreement,
with independent legal advice from a legal practitioner as to
the following matters−

(i) the effect of the agreement on the rights of that party;
and

(ii) the advantages and disadvantages, at the time that the
advice was provided, to the party of making the
agreement; and

(c) the annex to the agreement contains a certificate signed by the
person providing the independent legal advice stating that the
advice was provided; and

(d) the agreement has not been set aside by a court.

(3) The court may, on an application by a person who was a party to the
financial agreement that has been terminated, or by any other interested
person, make such order or orders (including an order for the transfer of
property) as it considers just and equitable for the purpose of preserving or
adjusting the rights of persons who were parties to that financial agreement
and any other interested persons.

Circumstances in which court may set aside a financial agreement or
termination agreement.
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54.(1) A court may make an order setting aside a financial agreement or a
termination agreement if the court is satisfied that−

(a) the agreement obtained by fraud (including non-disclosure of a
material fact);

(b) a party to the agreement entered into the agreement−

(i) for the purpose, or for purposes that included the
purpose, of defrauding or defeating a creditor or
creditors of the party; or

(ii) with reckless disregard of the interests of a creditor or
creditors of the party; or

(c) the agreement is void, voidable or unenforceable;

(d) in the circumstances that have arisen since the agreement was
made it is impracticable for the agreement or a part of the
agreement, to be carried out; or

(e) in respect of the making of a financial agreement, a party to the
agreement engaged in conduct that was, in all circumstances,
unconscionable.

(2) For the purposes of subsection (1)(b), creditor, in relation to a party
to the agreement, includes a person who could reasonably have been
foreseen by the party as being reasonably likely to become a creditor of the
party.

(3) A court may, on an application by a person who was a party to the
financial agreement that has been set aside, or by any other interested
person, make such order or orders (including an order for the transfer of
property) as it considers just and equitable for the purpose of preserving or
adjusting the rights of persons who were parties to that financial agreement
and any other interested persons.

(4) An order under subsection (1) or (4) may, after the death of a party
to the proceedings in which the order was made, be enforced on behalf of,
or against the estate of the deceased party.

(5) If a party to proceedings under this section dies before the
proceedings are completed−

(a) the proceedings may be continued by or against the legal
representative of the deceased party and the rules of court may
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make provision in relation to the substitution of the legal
representative as a party to the proceedings; and

(b) if the court is of the opinion−

(i) that it would have exercised its powers under this section
if the deceased party has not died; and

(ii) that it is still appropriate to exercise those powers, the
court may make an order that it could have made under
subsection (1) or (4); and

(c) an order under paragraph (b) may be enforced on behalf of, or
against the estate of the deceased party.

Validity, enforceability and effect of financial agreements and
termination agreements.

55. The question whether a financial agreement or a termination agreement
is valid, enforceable or effective is to be determined by the court according
to the principles of law and equity that are applicable in determining the
validity, enforceability and effect of contracts and purported contracts, and,
in proceedings relating to such an agreement, the court−

(a) subject to paragraph (b), has the same powers, may grant the
same remedies and must have the same regard to the rights of
third parties as the Court has, may grant and is required to have
in proceedings in connection with contracts or purported
contracts, being proceedings in which the Court has original
jurisdiction; and

(b) has power to make an order for the payment, by a party to the
agreement to another party to the agreement, of interest on an
amount payable under the agreement, form the time when the
amount became or becomes due and payable, at a rate not
exceeding the rate prescribed by the applicable rules of court;
and

(c) in addition to, or instead of, making an order or orders under
paragraph (a) or (b), may order that the agreement, or a
specified part of the agreement, be enforced as if it were an
order of the court.


CHAPTER 4
PROPERTY AND FINANCIAL ARRANGEMENTS

Contribution by civil partner to property improvement.
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56.(1) This section applies if–

(a) a civil partner contributes in money or money’s worth to the
improvement of real or personal property in which or in the
proceeds of sale of which either or both of the civil partners
has or have a beneficial interest; and

(b) the contribution is of a substantial nature.

(2) The contributing partner is to be treated as having acquired by virtue
of the contribution a share or an enlarged share (as the case may be) in the
beneficial interest of such an extent–

(a) as may have been then agreed; or

(b) in default of such agreement, as may seem in all the
circumstances just to any court before which the question of
the existence or extent of the beneficial interest of either of the
civil partners arises (whether in proceedings between them or
in any other proceedings).

(3) Subsection (2) is subject to any agreement (express or implied)
between the civil partners to the contrary.

Disputes between civil partners about property.

57.(1) In any question between the civil partners in a civil partnership as to
title to or possession of property, either civil partner may apply to the Court.

(2) On such an application, the Court may make such order with respect
to the property as it thinks fit (including an order for the sale of the
property).

Applications under section 45 where property not in possession etc.

58.(1) The right of a civil partner (“A”) to make an application under
section 57 includes the right to make such an application where A claims
that the other civil partner (“B”) has had in his possession or under his
control–

(a) money to which, or to a share of which, A was beneficially
entitled; or

(b) property (other than money) to which, or to an interest in
which, A was beneficially entitled,

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and that either the money or other property has ceased to be in B’s
possession or under B’s control or that A does not know whether it is still in
B’s possession or under B’s control.

(2) For the purposes of subsection (1)(a) it does not matter whether A is
beneficially entitled to the money or share–

(a) because it represents the proceeds of property to which, or to
an interest in which, A was beneficially entitled; or

(b) for any other reason.

(3) Subsections (4) and (5) apply if, on such an application being made,
the court is satisfied that B−

(a) has had in his possession or under his control money or other
property as mentioned in subsection (1)(a) or (b); and

(b) has not made to A, in respect of that money or other property,
such payment or disposition as would have been appropriate in
the circumstances.

(4) The power of the court to make orders under section 44 includes
power to order B to pay to A–

(a) in a case falling within subsection (1)(a), such sum in respect
of the money to which the application relates, or A’s share of
it, as the court considers appropriate; or

(b) in a case falling within subsection (1)(b), such sum in respect
of the value of the property to which the application relates, or
A’s interest in it, as the court considers appropriate.

(5) If it appears to the Court that there is any property which–

(a) represents the whole or part of the money or property; and

(b) is property in respect of which an order could (apart from this
section) have been made under section 44,

the court may (either instead of or as well as making an order in accordance
with subsection (4)) make any order which it could (apart from this section)
have made under section 56.

(6) Any power of the Court which is exercisable on an application under
section 57 is exercisable in relation to an application made under that
section as extended by this section.

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Applications under section 57 by former civil partners.

59.(1) This section applies where a civil partnership has been dissolved or
annulled.

(2) Subject to subsection (3), an application may be made under section
57 (including that section as extended by section 58) by either former civil
partner despite the dissolution or annulment (and references in those
sections to a civil partner are to be read accordingly).

(3) The application must be made within the period of 3 years beginning
with the date of the dissolution or annulment.

Actions in tort between civil partners.

60.(1) This section applies if an action in tort is brought by one civil
partner against the other during the subsistence of the civil partnership.

(2) The Court may stay the proceedings if it appears–

(a) that no substantial benefit would accrue to either civil partner
from the continuation of the proceedings; or

(b) that the question or questions in issue could more conveniently
be disposed of on an application under section 45.

(3) Without prejudice to subsection (2)(b), the Court may in such an
action–

(a) exercise any power which could be exercised on an application
under section 57; or

(b) give such directions as it thinks fit for the disposal under that
section of any question arising in the proceedings.

Married Women Act.

61. Schedule 3 amends the law relating to the capacity, property and
liabilities of married women and for all matters incidental thereto in so far
as it relates to civil partners.

Wills, administration of estates and family provision.

62. Schedule 4 amends enactments relating to wills, administration of
estates and family provision so that they apply in relation to civil
partnerships as they apply in relation to marriage.

Financial relief abroad.
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63. Schedule 5 makes provision for financial relief in Gibraltar after a civil
partnership has been dissolved or annulled, or civil partners have been
legally separated, in a country or territory outside Gibraltar.

Power to amend enactments relating to financial and other relief in
the Supreme Court.

64. Schedule 6 contains amendments to Acts relating to financial and other
relief in the Supreme Court.

Financial provision and property adjustment for parties to civil
partnerships.

65.(1) The financial provision orders for the purposes of this Act are the
following orders for periodical or lump sum provision available (subject to
the provisions of this Act) under section 67 for the purpose of adjusting the
financial position of the parties to a civil partnership and any children of the
family in connection with proceedings for dissolution, annulment or legal
separation and under section 74(5) on proof of neglect by one party to a
civil partnership to provide, or to make a proper contribution towards,
reasonable maintenance for the other or a child of the family−

(a) any order for periodical payments in favour of a party to a civil
partnership under section 67(1)(a) or 74(5)(a) or in favour of a
child of the family under section 67(1)(d),(2)or(4) or 74(7)(d);

(b) any order for secured periodical payments in favour of a party
to a civil partnership under section 67(1)(b) or 74(5)(b) or in
favour of a child of the family under section 67(1)(e), (2) or (4)
or 74(7)(e); and

(c) any order for lump sum provision in favour of a party to a civil
partnership under section 67(1)(c) or 74(5)(c) or in favour of a
child of the family under section 67(1)(f), (2) or (4) or 74(7)(f).

and references in this Act to periodical payments orders, secured periodical
payments orders, and orders for the payment of a lump sum are references
to all or some of the financial provision orders requiring the sort of financial
provision in question according as the context of each reference may
require.

(2) The property adjustment orders for the purposes of this Act are the
following orders dealing with property rights available (subject to the
provisions of this Act) under section 69 for the purpose of adjusting the
financial position of the parties to a civil partnership and any children of the
family on or after the making of a dissolution order, nullity order or
separation order−
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(a) any order under subsection (1)(a) of that section for a transfer
of property;

(b) any order under subsection (1)(b) of that section for a
settlement of property; and

(c) any order under subsection (1)(c) or (1)(d) of that section for a
variation of settlement.

Maintenance pending suit.

66. On an application for dissolution, annulment or legal separation, the
court may make an order for maintenance pending suit that is an order
requiring either party to the civil partnership to make to the other such
periodical payments for his or her maintenance and for such term beginning
not earlier than the date of the presentation of the application and ending
with the date of the determination of the suit, as the court thinks reasonable.

Financial provision orders in connection with dissolution
proceedings, etc.

67.(1) On making a dissolution order, nullity order or a separation order or
at any time thereafter (whether, in the case of a dissolution order or nullity
order, before or after the order is made final), the court may make any one
or more of the following orders−

(a) an order that either party to the civil partnership shall make to
the other such periodical payments, for such term, as may be
specified in the order;

(b) an order that either party to the civil partnership shall secure to
the other to the satisfaction of the court such periodical
payments, for such term, as may be so specified;

(c) an order that either party to the civil partnership shall pay to
the other such lump sum or sums as may be so specified;

(d) an order that a party to the civil partnership shall make to such
person as may be specified in the order for the benefit of a
child of the family, or to such a child, such periodical
payments, for such term, as may be so specified;

(e) an order that a party to the civil partnership shall secure to such
person as may be so specified for the benefit of such a child, or
to such a child, to the satisfaction of the court, such periodical
payments, for such term, as may be so specified; and

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(f) an order that a party to a civil partnership shall pay to such
person as may be specified for the benefit of such a child, or to
such a child, such lump sum as may be so specified,

subject, however, in the case of an order under paragraph (d),(e) or (f), to
the restrictions imposed by section imposed by section 76(1) and (3) on the
making of financial provision orders in favour of children who have attained
the age of 18.

(2) The court may also, subject to those restrictions, make any one or
more of the orders mentioned in subsection (1)(d), (e) and (f)–

(a) in any proceedings for dissolution, annulment or separation,
before granting an order; and

(b) where any such proceedings are dismissed after the beginning
of the trial, wither forthwith or within a reasonable period after
the dismissal.

(3) Without prejudice to the generality of subsection (1)(c) or (f)−

(a) an order under this section that a party to a civil partnership
shall pay a lump sum to the other party 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 making an
application for an order under this section in his or her favour;

(b) an order under this section for the payment of a lump sum to or
for the benefit of a child of the family may be made for the
purpose of enabling any liabilities or expenses reasonably
incurred by or for the benefit of that child before the making of
an application for an order under this section in his favour to be
met; and

(c) an order under this section for the payment of a lump sum may
provide for the payment of that sum by instalments of such
amount as may be specified in the order and may require the
payment of the instalments to be secured to the satisfaction of
the court.

(4) The power of the court under subsection (1) or (3)(a) to make an order
in favour of a child of the family shall be exercisable from time to time; and
where the court makes an order in favour of a child under subsection (3)(b),
it may from time to time, subject to the restrictions mentioned in subsection
(1), make a further order in his favour of any of the kinds mentioned in
subsection (1)(d), (e) or (f).

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(5) Without prejudice to the power to give a direction under sections 77
for the settlement of an instrument by one of the lawyers of the court, where
an order is made under subsection (1)(a), (b) or (c) on or after making a
dissolution order or nullity order, neither the order shall take effect unless
the dissolution order or nullity order has been made final.

(6) Where the court−

(a) makes an order under this section for the payment of a lump
sum; and

(b) directs−

(i) that payment of that sum or any party of it shall be
deferred; or

(ii) that that sum or any part of it shall be paid by
instalments,

the court may order that the amount deferred of the instalments shall carry
interest at such rate as may be specified by the order from such date, not
earlier than the date of the order, as may be so specified, until the date when
payment of it is due.

Deduction of maintenance at source.

68.(l) An order for the payment of money made by the court under this
Part shall be enforceable as a “maintenance order” within the meaning of
section 2(l) of the Magistrates' Courts Act.

(2) If, on the application of the person entitled to receive payments in
pursuance of any order for payment of money by the court under this Part, it
appears to the court−

(a) that, at the time when the application was made, there was due
under the order and unpaid an amount equal to not less than
two of the payments required by the order; and

(b) that the respondent is a person to whom earnings fall to be
paid,

then, the court may, if it thinks fit, make an attachment of earnings order.

(3) Where the court makes an order under subsection (2), the provisions
of sections 48 to 56 of and the Schedule to the Maintenance Act shall apply
as if the order has been made as an attachment of earnings order under that
Act.

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(4) In the exercise of its powers under this section the Supreme Court
may exercise any of the powers exercisable by the Magistrates' Court under
section 57 of the Magistrates' Court Act.

Property adjustment orders in connection with dissolution
proceedings, etc.

69.(1) On making a dissolution order, nullity order or separation order or at
any time thereafter (whether, in the case of a dissolution order or nullity
order, before or after the order is made final), the court may make any one
or more of the following orders−

(a) an order that a party to the civil partnership shall transfer to the
other party, to any child of the family or to such person as may
be specified in the order for the benefit of such a child such
property as may be so specified, being property to which the
first-mentioned party is entitled, either in possession or
reversion;

(b) an order that a settlement of such property as may be so
specified, being property to which a party to the civil
partnership is so entitled, be made to the satisfaction of the
court for the benefit of the other party to the civil partnership
and of the children of the family or either or any of them;

(c) an order varying for the benefit of the children of the family
any ante-nuptial or post-nuptial settlement (including such a
settlement made by will or codicil) made on the parties to the
civil partnership;

(d) an order extinguishing or reducing the interest of either of the
parties to the civil partnership under any such settlement,

subject, however in the case of an order under paragraph (a), to the
restrictions imposed by section 76(1) and 76 (3) on the making of orders for
a transfer of property in favour of children who have attained the age of 18.

(2) The court may make an order under subsection (1)(c) above
notwithstanding that there are no children of the family.

(3) Without prejudice to the power to give a direction under section 77 for
the settlement of an instrument by one of the lawyers of the court, where an
order is made under this section on or after making a dissolution order or
nullity order, neither the order nor any settlement made in pursuance of the
order shall take effect unless the nullity or dissolution order has been made
final.

Orders for sale of property.
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70.(1) Where the court makes a secured periodical payments order, an
order for the payment of a lump sum or a property adjustment order under
any of sections 67 or 69, 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 subsection (1) may contain such
consequential or supplementary provisions as the court thinks fit and,
without prejudice to the generality of the foregoing provision, may include
provision requiring−

(a) the making of a payment out of the proceeds of sale of the
property to which the order relates; and

(b) 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 subsection (1) on or after the making
of a dissolution order of nullity order, the order shall not take effect unless
the dissolution or nullity order has been made final.

(4) Where an order is made under subsection (1), the court may direct
that the order, or such provision thereof 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 subsection (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 party to the civil partnership, the order shall
cease to have effect on the death of that person or in the event of that person
entering a marriage or subsequent civil partnership.

(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 thereof, then, before deciding whether to
make an order under this section 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; and any representations made by
that other person shall be included among the circumstances to this the court
is required to have regard under section 71(1).

Matters to which court is to have regard in deciding how to exercise
its powers under sections 67 to 70

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71.(1) It shall be the duty of the court in deciding whether to exercise its
powers under any of sections 67 to 70 and, if so, in what manner, to have
regard to all the circumstances of the case, first consideration being given to
the welfare while any child of the family who has not attained the age of 18.

(2) As regards the exercise of the powers of the court under section
67(1) (a), (b) or (c) to make a financial provision order in favour of a party
to a civil partnership or the exercise of its powers under section 69 or 70 in
relation to a party to the civil partnership, the court shall in particular have
regard to the following matters−

(a) the income, earning capacity, property and other financial
resources which each of the parties to the civil partnership has
or is likely to have in the foreseeable future, including in the
case of earning capacity any increase in that capacity which it
would in the opinion of the court be reasonable to expect a
party to the civil partnership to take steps to acquire;

(b) the financial needs, obligations and responsibilities which each
of the parties to the civil partnership has or is likely to have in
the foreseeable future;

(c) the standard of living enjoyed by the family before the
breakdown of the civil partnership;

(d) the age of each party to the civil partnership and the duration of
the civil partnership;

(e) any physical or mental disability of either of the parties to the
civil partnership;

(f) the contributions which each of the parties has made or is
likely in the foreseeable future to make to the welfare of the
family, including any contribution by looking after the home or
caring for the family;

(g) the conduct of each of the parties, whatever the nature of the
conduct and whether it occurred during the civil partnership or
after the separation of the parties or dissolution or annulment
of the civil partnership, if that conduct is such that it would in
the opinion of the court be inequitable to disregard it;

(h) the value to each of the parties to the civil partnership of any
benefit, which, by reason of the dissolution or annulment of the
civil partnership, that party will lose the chance of acquiring.

(3) As regards the exercise of the powers of the court under section
67(1)(d), (e) or (f), (2) or (4) to make a financial provision order in favour of
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a child of the family or the exercise of its powers under section 69 or 70 in
relation to a child of the family, the court shall in particular have regard to
the following matters−

(a) the financial needs of the child;

(b) the income, earning capacity, if any, property and other
financial resources of the child;

(c) any physical or mental disability of the child;

(d) the manner in which the child was being and in which the
parties to the civil partnership expected that child to be
educated or trained;

(e) the considerations mentioned in relation to the parties to the
civil partnership in paragraphs (a), (b), (c) and (e) of subsection
(2).

(4) As regards the exercise of the powers of the court under section
67(1)(d), (e) or (f), (2) or (4) or 69 or 70 against a party to a civil
partnership in favour of a child of the family who is not the child of that
party, the court shall also have regard to−

(a) whether that party assumed any responsibility for the child's
maintenance, and, if so, to the extent to which, and the basis
upon which, that party assumed such responsibility and to the
length of time for which that party discharged such
responsibility;

(b) whether in assuming and discharging such responsibility that
party did so knowing that the child was not his or her own; and

(c) the liability of any other person to maintain the child.

(5) In relation to any power of the court to make an interim periodical
payments order or an interim order for the payment of a lump sum, the
preceding provisions of this section, in imposing any obligation on the court
with respect to the matters to which it is to have regard, shall not require the
court to do anything which would cause such a delay as would, in the
opinion of the court, be inappropriate having regard to−

(a) any immediate need for an interim order;

(b) the matters in relation to which it is practicable for the
court to inquire before making an interim order; and

(c) the ability of the court to have regard to any matter and to
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make appropriate adjustments when subsequently making
a financial provision order which is not interim.

Exercise of court’s powers in favour of party to civil partnership on
making of a dissolution or nullity order.

72.(1) Where on after the making of a dissolution order or nullity
order the court decides to exercise its powers under section 67(1)(a),
(b) or (c), 69 or 70 in favour of a party to the civil partnership it shall
be the duty of the court to consider whether it would be appropriate so
to exercise those powers that the financial obligations of each party
towards the other will be terminated as soon after the making of a
dissolution order or nullity order as the court considers just and
reasonable.

(2) Where the court decides in such a case to make a periodical
payments or secured periodical payments order in favour of a party
to the civil partnership, the court shall in particular consider whether
it would be appropriate to require those payments to be made or
secured only for such term as would in the opinion of the court be
sufficient to enable the party in whose favour the order is made to
adjust without undue hardship to the termination of that party’s
financial dependence on the other party.

(3) Where on or after the making of a dissolution order or nullity order
an application is made by a party to the civil partnership for a periodical
payments or secured periodical payments order in the applicant’s favour,
then, if the court considers that no continuing obligation should be imposed
on either party to make or secure periodical payments in favour of the other,
the court may dismiss the application with a direction that the applicant
shall not be entitled to make any future application in relation to that civil
partnership for an order under section 67(1)(a) or (b).

Commencement of proceedings for financial relief. etc.

73.(1) Where an application for a dissolution order, nullity order or
separation order has been made, then, subject to subsection (2), proceedings
for maintenance pending suit under section 66 for a financial provision
order under section 67, or for a property adjustment order under section 69
may be commenced, subject to and in accordance with rules of court, at any
time after the application for a dissolution order, nullity order or separation
order has been made.

(2) Rules of court may provide, in such cases as may be prescribed by
the rules that applications for any such relief−

(a) as is mentioned in subsection (1) shall be made in the
application for dissolution, nullity or separation, or answer; and
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(b) which are not so made, or are not made until after the
expiration of such period following the presentation of the
application for dissolution, nullity or separation, or filing of the
answer as may be so prescribed, shall be made only with the
leave of the court.

Financial provision orders, etc, in case or neglect by party to civil
partnership to maintain other party or a child of the family.

74.(1) Without prejudice to the generality of the provisions in Part III of the
Maintenance Act either party to a civil partnership may apply to the court
for an order under this section on the ground that the other party to the civil
partnership (in this section referred to as the respondent)

(a) has failed to provide reasonable maintenance for the
applicant; or

(b) has failed to provide, or to make a proper contribution
towards reasonable maintenance for any child of the
family.

(2) The court shall not entertain an application under this section
unless−

(a) the applicant or the respondent is domiciled in Gibraltar on the
date of the application;

(b) the applicant has been habitually resident there throughout the
period of one year ending with that date; or

(c) the respondent is resident there on that date.

(3) Where an application under this section is made on the ground
mentioned in subsection (1)(a), then, in deciding−

(a) whether the respondent has failed to provide reasonable
maintenance for the applicant; and

(b) what order, if any, to make under this section in favour of the
applicant,

the court shall have regard to all the circumstances of the case including the
matters mentioned in section 71(2), and where an application is also made
under this section in respect of a child of the family who has not attained the
age of 18, first consideration shall be given to the welfare of the child while
a minor.

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(4) Where an application under this section is made on the ground
mentioned in subsection (1)(b) then, in deciding−

(a) whether the respondent has failed to provide, or to make a
proper contribution towards, reasonable maintenance for the
child of the family to whom the application relates; and

(b) what order, if any, to make under this section in favour of the
child,

the court shall have regard to all the circumstances of the case including the
matters mentioned in section 71(3)(a) to (e), and where the child of the
family to whom the application relates is not the child of the respondent,
including also the matters mentioned in section 71(4).

(5) In relation to an application under this section on the ground
mentioned in subsection (1)(a), section 71(2)(c) shall have effect as if for
the reference therein to the breakdown of the civil partnership there were
substituted a reference to the failure to provide reasonable maintenance for
the applicant, and in relation to an application under this section on the
ground mentioned in subsection (1)(b), section 71(2)(c) shall have effect as
if for the reference therein to the breakdown of the civil partnership there
were substituted a reference to the failure to provide, or to make a proper
contribution towards, reasonable maintenance for the child of the family to
whom the application relates.

(6) Where on an application under this section it appears to the court
that the applicant or any child of the family to whom the application relates
is in immediate need of financial assistance, but it is not yet possible to
determine what order, if any, should be made on the application, the court
may make an interim order for maintenance, an order requiring the
respondent−

(a) to make to the applicant until the determination of the
application such periodical payments as the court thinks
reasonable; or

(b) to pay to the applicant such lump sum or sums as the court
thinks reasonable.

(7) Where on an application under this section the applicant satisfies the
court of any ground mentioned in subsection (1), the court may make any
one or more of the following orders−

(a) an order that the respondent shall make to the applicant such
periodical payments, for such term, as may be specified in the
order;

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(b) an order that the respondent shall secure to the applicant, to the
satisfaction of the court, such periodical payments, for such
term, as may be so specified;

(c) an order that the respondent shall pay to the applicant such
lump sum as may be so specified;

(d) an order that the respondent shall make to such person as may
be specified in the order for the benefit of the child to whom
the application relates, or to that child, such periodical
payments, for such term, as may be so specified;

(e) an order that the respondent shall secure to such person as may
be so specified for the benefit of that child, or to that child, to
the satisfaction of the court, such periodical payments, for such
term, as may be so specified;

(f) an order that the respondent shall pay to such person as may be
so specified for the benefit of that child, or to that child, such
lump sum as may be so specified;

subject, however, in the case of an order under paragraph (d), (e) or (f), to
the restrictions imposed by section 77(1) and (3) on the making of financial
provision orders in favour of children who have attained the age of 18.

(8) Without prejudice to the generality of subsection (7)(c) or (f), an
order under this section for the payment of a lump sum−

(a) may be made for the purpose of enabling any liabilities or
expenses reasonably incurred in maintaining the applicant or
any child of the family to whom the application relates before
the making of the application to be met; and

(b) may provide for the payment of that sum by instalments of
such amount as may be specified in the order and may require
the payment of the instalments to be secured to the satisfaction
of the court.


Duration of continuing financial provision orders in favour of a party
to the civil partnership, and effect of entering into a subsequent civil
partnership or marriage.

75.(1) Subject, in the case of an order made on or after the making of
a dissolution order or nullity order, to the provisions of section 72(2),
the term to be specified in a periodical payments or secured
periodical payments order in favour of a party to a civil partnership
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shall be such term as the court thinks fit, except that the term shall
not begin before or extend beyond the following limits−

(a) in the case of a periodical payments order, the term shall begin
not earlier than the date of the making of an application for the
order, and shall be so defined as not to extend beyond the death
of either of the parties to the civil partnership or, where the
order is made on or after the making of a dissolution order or
nullity order, the re-entering into a subsequent civil partnership
or marriage of the party in whose favour the order is made; and

(b) in the case of a secured periodical payments order, the terms
shall begin not earlier than the date of the making of an
application for the order, and shall be so defined as not to
extend beyond the death or, where the order is made on or after
the making of such an order, the re-entering into a subsequent
civil partnership or marriage of the party in whose favour the
order is made.

(2) Where a periodical payments or secured periodical payments order
in favour of a party to a civil partnership is made otherwise than on or after
the making of a dissolution order or nullity order and the civil partnership in
question is subsequently dissolved or annulled but the order continues in
force, the order shall, notwithstanding anything in it, cease to have effect on
the re-entering into a subsequent civil partnership or marriage of that party,
except in relation to any arrears due under it on the date of the re-entering
into a subsequent civil partnership or marriage.

(3) If after the making of a dissolution order or nullity order either party
to that civil partnership enter into a subsequent civil partnership or marriage
that party shall not be entitled to apply, by reference to the making of that
order, for a financial provision order in that party’s favour, or for a property
adjustment order, against the other party to that civil partnership.

Duration of continuing financial provision orders in favour of children,
and age limit on making certain orders in their favour.

76.(1) Subject to subsection (3), no financial provision order and no order
for a transfer of property under section 69(1)(a) shall be made in favour of a
child who has attained the age of 18.

(2) The term to be specified in a periodical payments or secured periodical
payments order in favour of a child may begin with the date of the making
of an application for the order in question or any later date but−

(a) shall not in the first instance extend beyond the date of the
birthday of the child next following his attaining the upper
limit of the compulsory school age unless the court considers
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that in the circumstances of the case the welfare of the child
requires that it should extend to a later date; and

(b) shall not in any event, subject to subsection (3), extend beyond
the date of the child's 18th birthday.

(3) Subsection (1), and paragraph (b) of subsection (2), shall not apply in
the case of a child, if it appears to the court that−

(a) the child is, or will be, or if an order were made without
complying with either or both of those provisions would be,
receiving instruction at an educational establishment or
undergoing training for a trade, profession or vocation, whether
or not the child is also, or will also be, in gainful employment;
or

(b) there are special circumstances which justify the making of an
order without complying with either or both of those
provisions.

(4) Any periodical payments order in favour of a child shall,
notwithstanding anything in the order, cease to have effect on the death of
the person liable to make payments under the order, except in relation to any
arrears due under the order on the date of the death.


Direction for settlement of instrument for securing payments or
effecting property adjustment.

77. Where the court decides to make a financial provision order
requiring any payments to be secured or a property adjustment order−

(a) it may direct that the matter be referred to a lawyer of the court
for him to settle a proper instrument to be executed by all
necessary parties;

(b) where the order is to be made in proceedings for annulment of
the civil partnership it may, if it thinks fit, defer the making of
the nullity order in question until the instrument has been duly
executed;

(c) the court may also make an order that the cost of executing the
instrument is to be payable out of the Consolidated Fund; and

(d) where any of the parties fail to execute the instrument within
the time fixed by the court, the court may execute a lien against
the payments to be made or the property to be adjusted.

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Variation, discharge, etc, of certain orders for financial relief.

78.(l) Where the court has made an order to which this section applies,
then, subject to the provisions of this section, the court shall have power to
vary or discharge the order or to suspend any provision thereof temporarily
and to revive the operation of any provision so suspended.

(2) This section applies to the following orders−

(a) any order for maintenance pending suit and any interim
order for maintenance;

(b) any periodical payments order;

(c) any secured periodical payments order;

(d) any order made by virtue of section 67(2)(b) or 74(7)(b)
(provision for payment of a lump sum by instalments);

(e) any order for a settlement of property under section 69(1)(b)
or for a variation of settlement under section 69(1)(c) or (d),
being an order made on or after the making of judicial
separation order;

(f) any order made under section 70(1) for the sale of
property; and

(g) a pension sharing order under section 118 which is made
at a time before the order has been made absolute.

(3) The powers exercisable by the court under this section in relation to
an order shall be exercisable also in relation to any instrument executed in
pursuance of the order.

(4) The court shall not exercise the powers conferred by this section in
relation to an order for a settlement under section 69(1)(b) or for a variation
of settlement under section 69(1)(c) or (d) except on an application made in
proceedings−

(a) for the rescission of the separation order by reference to which
the order was made; or

(b) for the dissolution of the civil partnership in question.

(5) Subject to subsections (8) to (15) and without prejudice to any
power exercisable by virtue of subsection (2)(d), (e) or (g) or otherwise than
by virtue of this section, no property adjustment order or pension sharing
order shall be made on an application for the variation of a periodical
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payments or secured periodical payments order made under section 67, and
no order for the payment of a lump sum shall be made on an application for
the variation of a periodical payments or secured periodical payments order
in favour of a party to a civil partnership (whether made under section 67 or
under section 74).

(6) Where the person liable to make payments under a secured
periodical payments order has died, an application under this section
relating to that order and to any order made under section 70(1) which
requires the proceeds of sale of property to be used for securing those
payments, may be made by the person entitled to payments under the
periodical payments order or by the legal representatives of the deceased
person, but no such application shall, except with the permission of the
court, be made after the end of the period of 6 months from the date on
which representation in regard to the estate of that person is first taken out.

(7) In exercising the powers conferred by this section the court shall
have regard to all the circumstances of the case, first consideration being
given to the welfare while a child of the family who has not attained the age
of 18 and the circumstances of the case shall include any change in any of
the matters to which the court was required to have regard when making the
order to which the application relates, and−

(a) in the case of a periodical payments or secured periodical
payments order made on or after the making of a dissolution
order or nullity order, the court shall consider whether in all the
circumstances and after having regard to any such change it
would be appropriate to vary the order so that payments under
the order are required to be made or secured only for such
further period as will in the opinion of the court be sufficient
(in the light of any proposed exercise by the court, where the
civil partnership has been dissolved, of its powers under
subsection (9)) to enable the party in whose favour the order
was made to adjust without undue hardship to the termination
of those payments;

(b) in a case where the party against whom the order was made has
died, the circumstances of the case shall also include the
changed circumstances resulting from the death of that party.

(8) Subsection (9) applies where, after the dissolution of a civil
partnership, the court−

(a) discharges a periodical payments order or secured periodical
payments order made in favour of a party to the civil
partnership; or

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(b) varies such an order so that payments under the order are
required to be made or secured only for such further period as
is determined by the court.

(9) The court has power, in addition to any power it has apart from
this subsection, to make supplemental provision consisting of any of−

(a) an order for the payment of a lump sum in favour of a party to
the civil partnership;

(b) one or more property adjustment orders in favour of a party to
the civil partnership;

(c) one or more pension sharing orders;

(d) a direction that the party in whose favour the original order
discharged or varied was made is not entitled to make any
further application for−

(i) a periodical payments or secured periodical
payments order, or

(ii) an extension of the period to which the original order
is limited by any variation made by the court.

(10) An order for the payment of a lump sum made under subsection (9)
may−

(a) provide for the payment of that sum by instalments of such
amount as may be specified in the order; and

(b) require the payment of the instalments to be secured to the
satisfaction of the court.

(11) Section 67(5) applies where the court makes an order for the
payment of a lump sum under subsection (9) as they apply where it makes
such an order under sections 67.

(12) If under subsection (9) the court makes more than one property
adjustment order in favour of the same party to the civil partnership, each of
those orders must fall within a different paragraph of section 65(2).

(13) Sections 70 and 77 apply where the court makes a property
adjustment order under subsection (9) as they apply where it makes such an
order under section 69.

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(14) Section 112 applies where the court makes a pension sharing order
under subsection (9) as it applies where the court makes such an order under
section 90.

(15) Subsections (3) to (5) of section 112 apply in relation to a pension
sharing order under subsection (9) as they apply in relation to a pension
sharing order under that section.

(16) The legal representatives of a deceased person against whom a
secured periodical payments order was made shall not be liable for having
distributed any part of the estate of the deceased after the expiration of the
period of 6 months referred to in subsection (6) on the ground that they
ought to have taken into account the possibility that the court might permit
an application under this section to be made after that period by the person
entitled to payments under the order; but this subsection shall not prejudice
any power to recover any part of the estate so distributed arising by virtue of
the making of an order in pursuance of this section.

(17) In considering for the purposes of subsection (6) the question when
representation was first taken out, a grant limited to settled land or to trust
property shall be left out of account and a grant limited to real estate or to
personal estate shall be left out of account unless a grant limited to the
remainder of the estate has previously been made or is made at the same
time.

(18) Where the court, in exercise of its powers under this section, decides
to vary or discharge a periodical payments or secured periodical payments
order, then, subject to section 75(1) and (2), the court shall have power to
direct that the variation or discharge shall not take effect until the expiration
of such period as may be specified in the order.

(19) Where–

(a) a periodical payments or secured periodical payments order in
favour of more than one child (“the order”) is in force; and

(b) the order requires payments specified in it to be made for the
benefit of more than one child without apportioning those
payments between them,

the court may, in exercise of its powers under this section to vary or
discharge the order, direct that the variation or discharge shall take effect
from the date on which the assessment took effect or any later date.


Orders for repayment in certain cases of sums paid after cessation
of order by reason of re-entering into a subsequent civil
partnership or marriage.
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79.(1) Where−

(a) a periodical payments or secured periodical payments order in
favour of a party to a civil partnership, hereafter in this section
referred to as “a payments order”, has ceased to have effect by
reason of the re-entering into a subsequent civil partnership or
marriage of that party; and

(b) the person liable to make payments under the order or his or
her personal representatives made payments in accordance with
it in respect of a period after the date of the re-entering into a
subsequent civil partnership or marriage in the mistaken belief
that the order was still subsisting,

the person so liable or that person’s personal representatives shall not be
entitled to bring proceedings in respect of a cause of action arising out of the
circumstances mentioned in paragraphs (a) and (b) against the person
entitled to payments under the order or her or his personal representatives,
but may instead make an application against that person or her or his
personal representatives under this section.

(2) On an application under this section the court may order the
respondent to pay to the applicant a sum equal to the amount of the
payments made in respect of the period mentioned in subsection (1)(b) or, if
it appears to the court that it would be unjust to make that order, it may
either order the respondent to pay to the applicant such lesser sum as it
thinks fit or dismiss the application.

(3) An application under this section may be made in proceedings in the
Supreme Court or a magistrates' court for leave to enforce, or the
enforcement of, payment of arrears under the order in question, but when
not made in such proceedings shall be made to a magistrates’ court; and
accordingly references in this section to the court are references to the
Supreme Court or the magistrates' court, as the circumstances require.

(4) An order under this section for the payment of any sum may provide
for the payment of that sum by instalments of such amount as may be
specified in the order.

(5) The designated officer for a magistrates’ court to whom any payments
under a payments order are required to be made, and the collecting officer
under an attachment of earnings order made to secure payments under a
payments order, shall not be liable in the case of−

(a) the designated officer, for any act done in pursuance of the
payments order after the date on which that order ceased to
have effect by reason of the remarriage or entry into a
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subsequent civil partnership of the person entitled to payments
under it; and

(b) the collecting officer, for any act done after that date in
accordance with any enactment or rule of court specifying how
payments made to him in compliance with the attachment of
earnings order are to be dealt with,

if, the act was one which he or she would have been under a duty to
do had the payments order not so ceased to have effect and the act
was done before notice in writing of the fact that the person so
entitled had remarried or entered into a subsequent civil partnership
was given to him or her by or on behalf of that person, the person
liable to make payments under the payments order or the personal
representatives of either of those persons.

(6) In this section “collecting officer”, in relation to an
attachment of earnings order, means the Registrar of the Supreme
Court or the designated officer for a magistrates’ court to whom a
person makes payments in compliance with the order.

Orders for repayment in certain cases of sums paid under certain
orders.

80.(1) Where on an application made under this section in relation to
an order to which this section applies it appears to the court that by
reason of−

(a) a change in the circumstances of the person entitled to, or
liable to make, payments under the order since the order was
made; or

(b) the changed circumstances resulting from the death of the
person so liable,

the amount received by the person entitled to payments under the order in
respect of a period after those circumstances changed or after the death of
the person liable to make payments under the order, as the case may be,
exceeds the amount which the person so liable or his or her personal
representatives should have been required to pay, the court may order the
respondent to the application to pay to the applicant such sum, not
exceeding the amount of the excess, as the court thinks just.

(2) This section applies to the following orders−

(a) any order for maintenance pending suit and any interim order
for maintenance;

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(b) any periodical payments order; and

(c) any secured periodical payments order.

(3) An application under this section may be made by the person
liable to make payments under an order to which this section applies
or his or her personal representatives and may be made against the
person entitled to payments under the order or her or his personal
representatives.

(4) An application under this section may be made in proceedings
in the Supreme Court or magistrates’ court for−

(a) the variation or discharge of the order to which this section
applies; or

(b) leave to enforce, or the enforcement of, the payment of
arrears under that order; but when not made in such
proceedings shall be made to the magistrates' court, and
accordingly references in this section to the court are
references to the Supreme Court or a magistrates' court, as
the circumstances require.

(5) The jurisdiction conferred on a magistrates' court by this section
shall be exercisable notwithstanding that by reason of the amount claimed in
the application the jurisdiction would not but for this subsection be
exercisable by a magistrates' court.

(6) An order under this section for the payment of any sum may provide
for the payment of that sum by instalments of such amount as may be
specified in the order.

Consent orders for financial provision on property adjustment.

81.(1) Notwithstanding anything in the preceding sections of this Part, on
an application for a consent order for financial relief the court may, unless it
has reason to think that there are other circumstances into which it ought to
inquire, make an order in the terms agreed on the basis only of the
prescribed information furnished with the application.

(2) Subsection (1) applies to an application for a consent order varying
or discharging an order for financial relief as it applies to an application for
an order for financial relief.

(3) In this section−

“consent order”, in relation to an application for an order, means an order
in the terms applied for to which the respondent agrees;
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“order for financial relief” means an order under any of sections 67, 69,
70, or 74 and

“prescribed” means prescribed by rules of court.

Avoidance of transactions intended to prevent or reduce financial
relief.

82.(1) For the purposes of this section "financial relief" means relief under
any of the provisions of sections 66, 67, 69, 74, 78 (except subsection(6)),
and 112 and any reference in this section to defeating a person's claim for
financial relief is a reference to preventing financial relief from being
granted to that person, or to that person for the benefit of a child of the
family, or reducing the amount of any financial relief which might be so
granted, or frustrating or impeding the enforcement of any order which
might be or has been made at his instance under any of those provisions.

(2) Where proceedings for financial relief are brought by one person
against another, the court may, on the application of the first-mentioned
person, if it is satisfied−

(a) that the other party to the proceedings is, with the intention of
defeating the claim for financial relief, about to make any
disposition or to transfer out of the jurisdiction or otherwise
deal with any property, make such order as it thinks fit for
restraining the other party from so doing or otherwise for
protecting the claim;

(b) that the other party has, with that intention, made a reviewable
disposition and that if the disposition were set aside financial
relief or different financial relief would be granted to the
applicant, make an order setting aside the disposition; or

(c) in a case where an order has been obtained under any of the
provisions mentioned in subsection (1) by the applicant against
the other party, that the other party has, with that intention,
made a reviewable disposition, make an order setting aside the
disposition,

and an application for the purposes of paragraph (b) shall be made in the
proceedings for the financial relief in question.

(3) Where the court makes an order under subsection (2)(b) or (c)
setting aside a disposition it shall give such consequential directions as it
thinks fit for giving effect to the order, including directions requiring the
making of any payments or the disposal of any property.

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(4) Any disposition made by the other party to the proceedings for
financial relief in question (whether before or after the commencement of
those proceedings) is a reviewable disposition for the purposes of subsection
(2)(b) and (c) unless it was made for valuable consideration, other than
entering into a civil partnership, with a person who, at the time of the
disposition, acted in relation to it in good faith and without notice of any
intention on the part of the other party to defeat the applicant’s claim for
financial relief.

(5) Where an application is made under this section with respect to a
disposition which took place less than three years before the date of the
application or with respect to a disposition or other dealing with property
which is about to take place and the court is satisfied in a case falling
within−

(a) subsection (2)(a) or (b), that the disposition or other dealing
would, apart from this section, have the consequence; or

(b) within subsection (2)(c), that the disposition has had the
consequence,

of defeating the applicant’s claim for financial relief, it shall be presumed,
unless the contrary is shown, that the person who disposed of or is about to
dispose of or deal with the property did so or is about to do so, with the
intention of defeating the applicant's claim for financial relief.

(6) In this section “disposition” does not include any provision
contained in a will or codicil but, with that exception, includes any
conveyance, assurance or gift of property of any description, whether made
by an instrument or otherwise.

Extension of Married Women Act.

83.(l) Any right of a civil partner, under section 10 of the Married Women
Act to make an application under that section, in any question between civil
partners as to the title to or possession of property, shall include the right to
make such an application where it is claimed by a civil partner (“A”) that
the corresponding civil partner (“B”) has had in B’s possession or under B’s
control−

(a) money to which, or to a share of which, A was beneficially
entitled (whether by reason that it represented the proceeds of
property to which, or to an interest in which, A was
beneficially entitled, or for any other reason); or

(b) property (other than money) to which, or to an interest in
which, A was beneficially entitled,

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and that either that money or other property has ceased to be in B’s
possession or under B’s control or that A does not know whether it is
still in B’s possession or under B’s control.

(2) Where, on an application made under section 10 of the Married
Women Act as extended by subsection (1) of this section, the Chief
Justice or the judge is satisfied−

(a) that B has had in his possession or under B’s control money or
other property as mentioned in paragraph (a) or paragraph (b)
of subsection (1) of this section; and

(b) that B has not made to A, in respect of that money or other
property, such payment or disposition as would have been
appropriate in the circumstances, the power to make orders
under that section shall be extended in accordance with
subsection (3) of this section.

(3) Where subsection (2) of this section applies, the power to
make orders under the said section 10 shall include power for the
Chief Justice or the judge to order B to pay to A−

(a) in a case falling within paragraph (a) of subsection (1) of this
section, such sum in respect of the money to which the
application relates, or A’s share thereof, as the case may be; or

(b) in a case falling within paragraph (b) of subsection (1) of this
section, such sum in respect of the value of the property to
which the application relates, or A’s interest therein, as the
case may be,

as the Chief Justice or the judge may consider appropriate.

(4) Where on an application under the said section 10 as extended
by this section it appears to the Chief Justice or the judge that
there is any property which−

(a) represents the whole or part of the money or property in
question; and

(b) is property in respect of which an order could have been made
under that section if an application had been made by the wife
thereunder in a question as to the title to or possession of that
property, the Chief Justice or the judge (either in substitution
for or in addition to the making of an order in accordance with
subsection (3) of this section) may make any order under that
section in respect of that property which the Chief Justice or
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judge could have made on such an application as is mentioned
in paragraph (b) of this subsection.

(5) Any power of the Chief Justice or the judge under the said section
10 to direct inquiries or give any other directions in relation to an
application under that section shall be exercisable in relation to an
application made under that section as extended by this section; and
subsections (2) to (6) of that section (which relate to appeals and other
matters) shall apply in relation to any order made under the said section 10
as extended by this section as they apply in relation to an order made under
that section apart from this section.

(6) For the avoidance of doubt it is hereby declared that any power
conferred by the said section 10 to make orders with respect to any property
includes power to order a sale of the property.

Vesting of possession in tenancy.

84.(1) On making a dissolution order or nullity order final, or at any
time thereafter, whether before or after the order has been made final,
or on or at any time after an order for legal separation, where either or
both of the parties are in possession of a dwelling house as a tenant or
tenants under any tenancy, the court may if it thinks fit by order−

(a) vest in either party the right to possession of the dwelling
house under the tenancy to the exclusion of the other party; and

(b) require the other party to pay or to contribute, to such extent as
the court may in the order specify, towards the payment of the
rental under the tenancy.

(2) So long as an order remains in force under subsection (1) vesting in
either party the right to possession of a dwelling house under a tenancy, the
other party shall have no right by virtue of the tenancy to enter or be in
possession of the dwelling house.

(3) Nothing in this section shall relieve any person of any liability as a
tenant to his or her landlord.

Inheritance

Power to bar applications under the Inheritance (Provision of
Family and Dependants) Act.

85.(1) On granting a dissolution order, a nullity order or a separation order
or at any time thereafter, the court may, if the court considers it just to do so
and the parties to the civil partnership agree, order that either party to the
civil partnership shall not be entitled on the death of the other party to apply
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for an order under section 4 of the Inheritance (Provision for Family and
Dependants) Act.

(2) In the case of a dissolution order or nullity order an order may be made
under subsection (1) before or after the dissolution or nullity order is made
absolute, but if it is made before the dissolution order or nullity order is
absolute it shall not take effect unless the dissolution or nullity order is
made absolute.

CHAPTER 5
CIVIL PARTNERSHIP AGREEMENTS

Civil partnership agreements unenforceable.

86.(1) A civil partnership agreement does not under the law of Gibraltar
have effect as a contract giving rise to legal rights.

(2) No action lies in Gibraltar for breach of a civil partnership
agreement, whatever the law applicable to the agreement.

(3) In this section and section 87 “civil partnership agreement” means
an agreement between two people to register as civil partners of each other
in Gibraltar.

(4) This section applies in relation to civil partnership agreements
whether entered into before or after this section comes into force, but does
not affect any action commenced before it comes into force.

Property where civil partnership agreement is terminated.

87.(1) This section applies if a civil partnership agreement is terminated.

(2) Section 56 (contributions by civil partner to property improvement)
applies, in relation to any property in which either or both of the parties to
the agreement had a beneficial interest while the agreement was in force, as
it applies in relation to property in which a civil partner has a beneficial
interest.

(3) Sections 57 and 58 (disputes between civil partners about property)
apply to any dispute between or claim by one of the parties in relation to
property in which either or both had a beneficial interest while the
agreement was in force, as if the parties were civil partners of each other.

(4) An application made under section 57 and 58 by virtue of subsection
(3) must be made within 3 years of the termination of the agreement.

(5) A party to a civil partnership agreement who makes a gift of
property to the other party on the condition (express or implied) that it is to
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be returned if the agreement is terminated is not prevented from recovering
the property merely because of his having terminated the agreement.


CHAPTER 6
CHILDREN

Children.

88. Schedule 7 has effect for the purpose of amending the Acts (relating to
children) referred to therein.

CHAPTER 7
MISCELLANEOUS

False statements etc. with reference to civil partnerships.

89.(1) A person commits an offence if–

(a) for the purpose of procuring the formation of a civil
partnership, or a document mentioned in subsection (2), that
person–

(i) makes or signs a declaration required under this Part or
Part 3, or

(ii) gives a notice or certificate so required,

knowing that the declaration, notice or certificate is false;

(b) for the purpose of a record being made in any register relating
to civil partnerships, that person–

(i) makes a statement as to any information which is
required to be registered under this Part of Part 3, or,

(ii) causes such a statement to be made,

knowing that the statement is false;

(c) that person forbids the issue of a document mentioned in
subsection (2) by representing himself or herself to be a person
whose consent to a civil partnership between a child and
another person is required under this Part or Part 3, knowing
the representation to be false; or

(d) with respect to a declaration made under paragraph 5(1) of
Schedule 1 that person makes a statement mentioned in
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paragraph 6 of that Schedule which that person knows to be
false in a material particular.

(2) The documents are a civil partnership schedule or a Registrar's
licence under Chapter 1.

(3) A person guilty of an offence under subsection (1) shall be liable−

(a) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or both;

(b) on summary conviction, to a fine not exceeding the statutory
maximum.

(4) The Crimes Act 2011 has effect as if this section were contained in
it.

Housing and tenancies.

90. Schedule 8 has effect for the purpose of amending the enactments
(relating to housing and tenancies) referred to therein.

Family homes and domestic violence.

91. Schedule 9 has effect for the purpose of amending the Domestic
Violence and Matrimonial Proceedings Act 1998 and related enactments (so
that they apply in relation to civil partnerships as they apply in relation to
marriages).


Evidence.

92.(1) Any enactment or rule of law relating to the giving of evidence by a
spouse applies in relation to a civil partner as it applies in relation to the
spouse.

(2) Subsection (1) is subject to any specific amendment made by or
under this Act which relates to the giving of evidence by a civil partner.

(3) For the avoidance of doubt, in any such amendment, references to a
person’s civil partner do not include a former civil partner.

(4) References in subsections (1) and (2) to giving evidence are to
giving evidence in any way (whether by supplying information, making
discovery, producing documents or otherwise).

(5) Any rule of law–

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(a) which is preserved by section 9(3) and 9(4) of the Civil
Evidence Act 1968 (applicable by virtue of the English Law
(Application) Act) or section 393 of the Criminal Procedure
and Evidence Act 2011; and

(b) under which in any proceedings evidence of reputation or
family tradition is admissible for the purpose of proving or
disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of
disproving the existence of a civil partnership.

PART 3
CIVIL PARTNERSHIP FORMED OR DISSOLVED ABROAD ETC.

CHAPTER 1
OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS

Meaning of “overseas relationship”.

93.(1) For the purposes of this Act an overseas relationship is a relationship
which–

(a) is either a specified relationship or a relationship which meets
the general conditions; and

(b) is registered (whether before or after the passing of this Act)
with a responsible authority in a country or territory outside
Gibraltar, by two people neither of whom is already a civil
partner or lawfully married.

(2) In this Chapter, “the relevant law” means the law of the country or
territory where the relationship is registered (including its rules of private
international law).

Specified relationships.

94.(1) A specified relationship is a relationship which is specified for the
purposes of section 93 by Schedule 10.

(2) The Minister may by order amend Schedule 10 by−

(a) adding a relationship;

(b) amending the description of a relationship; or

(c) omitting a relationship.

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(3) An order which contains any provision (whether alone or with other
provisions) amending Schedule 10 by−

(a) amending the description of a relationship; or

(b) omitting a relationship,

may not be made unless the order is laid before, and approved by
Parliament.

The general conditions.

95. The general conditions are that, under the relevant law–

(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 it is that the parties are–

(i) treated as a couple either generally or for specified
purposes, or

(ii) treated as married.

Overseas relationships treated as civil partnerships: the general rule.

96.(1) Two people are to be treated 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 subsection (3), the time when they are to be treated 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 section comes into force, the time when
they are to be treated as having formed a civil partnership is the time when
this section comes into force.

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(4) But if–

(a) before this section comes into force, a dissolution or annulment
of the overseas relationship was obtained outside Gibraltar, and

(b) the dissolution or annulment would be recognised under
Chapter 2 if the overseas relationship had been treated as a
civil partnership at the time of the dissolution or annulment,

subsection (3) does not apply and subsections (1) and (2) have effect
subject to subsection (5).

(5) The overseas relationship is not be treated as having been a civil
partnership for the purposes of any provisions except–

(a) Schedule 5 (financial relief in Gibraltar after dissolution or
annulment obtained outside Gibraltar);

(b) such provisions as are specified (with or without
modifications) in an order under section 122;

(c) Chapter 2 (so far as necessary for the purposes of paragraphs
(a) and (b)).

(6) This section is subject to sections 97 and 98.

Person domiciled in Gibraltar.

97.(1) Subsection (2) applies if an overseas relationship has been registered
by a person who was at the time mentioned in section 96(2) domiciled in
Gibraltar.

(2) The two people concerned are not to be treated as having formed a
civil partnership if, at the time mentioned in section 96(2)–

(a) either of them was under 16; or

(b) they would have been within prohibited degrees of relationship
under Part 1 of Schedule 1 if they had been registering as civil
partners of each other in Gibraltar.

The public policy exception.

98. 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 recognise the capacity, under the
relevant law, of one or both of them to enter into the relationship.

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CHAPTER 2
DISSOLUTION ETC. JURISDICTION AND RECOGNITION

Jurisdiction of court

Proceedings for dissolution, separation or nullity order.

99. The court has jurisdiction to entertain proceedings for a dissolution
order, nullity order or a separation order if (and only if)−

(a) at least one of the civil partners is domiciled in Gibraltar on the
date when proceedings are begun; or

(b) the two persons concerned registered as civil partners of each
other in Gibraltar and it appears to the court to be in the
interests of justice to assume jurisdiction in the case.

Proceedings for a presumption of death order.

100. The court has jurisdiction to entertain proceedings for a presumption
of death order if (and only if)−

(a) the applicant is domiciled in Gibraltar on the date when the
proceedings are begun;

(b) the applicant was habitually resident in Gibraltar throughout
the period of 1 year ending with that date; or

(c) the two people concerned registered as civil partners of each
other in Gibraltar and it appears to the court to be in the
interests of justice to assume jurisdiction in the case.

Applications for declarations as to validity.

101. The court has jurisdiction to entertain an application under section 37
if (and only if)–

(a) either of the civil partners in the civil partnership to which the
application relates–

(i) is domiciled in Gibraltar on the date of the application,

(ii) has been habitually resident in Gibraltar throughout the
period of 1 year ending with that date, or

(iii) died before that date and either was at death domiciled in
Gibraltar or had been habitually resident in Gibraltar
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throughout the period of 1 year ending with the date of
death, or

(b) the two people concerned registered as civil partners of each
other in Gibraltar and it appears to the court to be in the
interests of justice to assume jurisdiction in the case.

Recognition of dissolution, annulment and separation

Recognition in Gibraltar of overseas dissolution, annulment or
separation.

102.(1) Subject to subsection (2), the validity of an overseas dissolution,
annulment or legal separation is to be recognised in Gibraltar if, and only if,
it is entitled to recognition by virtue of sections 103 to 105.

(2) For the purposes of subsection (1) and sections 104 and 105, an
overseas dissolution, annulment or legal separation is a dissolution or
annulment of a civil partnership or a legal separation of civil partners which
has been obtained outside Gibraltar (whether before or after this section
comes into force).

Grounds for recognition.

103.(1) The validity of an overseas dissolution, annulment or legal
separation obtained by means of proceedings is to be recognised if–

(a) the dissolution, annulment or legal separation is effective under
the law of the country in which it was obtained; and

(b) at the relevant date either civil partner–

(i) was habitually resident in the country in which the
dissolution, annulment or legal separation was obtained,

(ii) was domiciled in that country, or

(iii) was a national of that country.

(2) The validity of an overseas dissolution, annulment or legal
separation obtained otherwise than by means of proceedings is to be
recognised if–

(a) the dissolution, annulment or legal separation is effective under
the law of the country in which it was obtained;

(b) at the relevant date–

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(i) each civil partner was domiciled in that country, or

(ii) either civil partner was domiciled in that country and the
other was domiciled in a country under whose law the
dissolution, annulment or legal separation is recognised
as valid, and

(c) neither civil partner was habitually resident in Gibraltar
throughout the period of 1 year immediately preceding that
date.

(3) In this section “the relevant date” means–

(a) in the case of an overseas dissolution, annulment or legal
separation obtained by means of proceedings, the date of the
commencement of the proceedings;

(b) in the case of an overseas dissolution, annulment or legal
separation obtained otherwise than by means of proceedings,
the date of which it was obtained.

(4) Where, in the case of an overseas annulment, the relevant date fell
after the death of either civil partner, any reference in subsection (1) or (2)
to that date is to be read in relation to that civil partner as a reference to the
date of death.

Refusal of recognition.

104.(1) Recognition of the validity of an overseas dissolution, annulment or
legal separation may be refused in Gibraltar if the dissolution, annulment or
separation was obtained at a time when it was irreconcilable with a decision
determining the question of the subsistence or validity of the civil
partnership−

(a) previously given by a court of civil jurisdiction in Gibraltar; or

(b) previously given by a court elsewhere and recognised or
entitled to be recognised in that part of Gibraltar.

(2) Recognition of the validity of an overseas dissolution or legal
separation may be refused in Gibraltar if the dissolution or separation was
obtained at a time when, according to the law of Gibraltar, there was no
subsisting civil partnership.

(3) Recognition of the validity of an overseas dissolution, annulment or
legal separation may be refused if–

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(a) in the case of a dissolution, annulment or legal separation
obtained by means of proceedings, it was obtained–

(i) without such steps having been taken for giving notice of
the proceedings to a civil partner as, having regard to the
nature of the proceedings and all the circumstances,
should reasonably have been taken; or

(ii) without a civil partner having been given (for any reason
other than lack of notice) such opportunity to take part in
the proceedings as, having regard to those matters, that
civil partner should reasonably have been given; or

(b) in the case of a dissolution, annulment or legal separation
obtained otherwise than by means of proceedings–

(i) there is no official document certifying that the
dissolution, annulment or legal separation is effective
under the law of the country in which it was obtained, or

(ii) where either civil partner was domiciled in another
country at the relevant date, there is no official document
certifying that the dissolution, annulment or legal
separation is recognised as valid under the law of that
other country, or

(c) in either case, recognition of the dissolution, annulment or
legal separation would be manifestly contrary to public policy.

(4) In this section–

“official”, in relation to a document certifying that a dissolution,
annulment or legal separation is effective, or is recognised as valid,
under the law of any country, means issued by a person or body
appointed or recognised for the purpose under the law;

“the relevant date” has the same meaning as in section 93.

(5) Nothing in this Chapter is to be read as requiring the recognition of
any finding of fault made in proceedings for dissolution, annulment or legal
separation or of any maintenance, custody or other ancillary order made in
any such proceedings.

Non-recognition elsewhere of dissolution or annulment.

105.(1) This section applies where, in Gibraltar−

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(a) a dissolution or annulment of a civil partnership has been
granted by a court of civil jurisdiction; or

(b) the validity of a dissolution or annulment of the civil
partnership is recognised by virtue of this Chapter.

(2) The fact that the dissolution or annulment would not be recognised
outside Gibraltar does not−

(a) preclude either party from forming a subsequent civil
partnership or marriage; or

(b) cause the subsequent civil partnership or marriage of either
party (wherever it takes place) to be treated as invalid in that
part.

PART 4
RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP

Interpretation of statutory references to stepchildren etc.

106.(1) In any provision to which this section applies, references to a
stepchild or step-parent of a person (“A”) and cognate expressions, are to be
read as follows−
A’s stepchild includes a person who is the child a A’s civil partner (but is not A’s
child);

A’s step-parent includes a person who is the civil partner of A’s parent (but is not
A’s parent);

A’s stepdaughter includes a person who is the daughter of A’s civil partner (but is
not A’s daughter);

A’s stepson includes a person who is the son of A’s civil partner (but is not A’s
son);

A’s stepfather includes a person who is the civil partner of A’s father (but is not
A’s parent);

A’s stepmother includes a person who is the civil partner of A’s mother (but is not
A’s parent);

A’s stepbrother includes a person who is the son of the civil partner of A’s parent
(but is not the son of either of A’s parents);

A’s stepsister includes a person who is the daughter of the civil partner of A’s
parent (but is not the daughter of either of A’s parents).

(2) For the purposes of any provision to which this section applies–

“brother-in-law” includes civil partner’s brother,
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“daughter-in-law” includes daughter’s civil partner,

“father-in-law” includes civil partner’s father,

“mother-in-law” includes civil partner’s mother,

“parent-in-law” includes civil partner’s parent,

“sister-in-law” includes civil partner’s sister, and

“son-in-law” includes son’s civil partner.

(3) Section 106(1) and (2) applies to–

(a) any provision listed in Schedule 13 (references to stepchildren,
in-laws etc., in existing Acts);

(b) except in so far as otherwise provided, any provision made by
a further Act; and

(c) except in so far as otherwise provided, any provision made by
future subordinate legislation.

PART 5
MISCELLANEOUS

Immigration Control, Gibraltarian Status and formation of civil
partnerships.

107. Schedule 11 has effect for the purpose of amending the enactments
referred to therein (it contains provisions relating to the formation of civil
partnerships in Gibraltar by persons subject to immigration control and in
relation to Gibraltarian status).

Discrimination against civil partners in the employment field.

108. The grounds under which discrimination under the Equal
Opportunities Act is prohibited shall be interpreted as including a
prohibition on discriminating against a person if that discrimination is based
on the fact that that person will or has entered into a civil partnership, and
any remedies provided under that Act shall be available to such a person.

Civil partners to have unlimited insurable interest in each other.

109.(1) Where two people are civil partners, each of them is to be presumed
for the purposes of section 1 of the Life Assurance Act 1774 (applicable by
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virtue of English Law (Application) Act) to have an interest in the life of the
other.

(2) For the purposes of section 3 of the 1774 Act, there is no limit on the
amount of value of the interest.

Social security and tax.

110. Schedule 12 has effect for the purpose of amending the enactments
referred to therein (amendments relating to social security and tax).


Enactments relating to pensions.

111.(1) Schedule 13 has effect for the purpose of amending the enactments
referred to therein (it amends certain enactments relating to pensions).

(2) The Government may make such amendments, repeals or revocations
in any enactment relating to pensions, allowances or gratuities as it
considers appropriate for the purpose of, or in connection with, making
provision with respect to pensions, allowances or gratuities for the surviving
civil partners or dependants of civil partners.

Pension sharing orders.

112.(1) For the purposes of this Part, a pension sharing order is an order
which−

(a) provides that one party's shareable rights under a specified
pension arrangement, be subject to pension sharing for the
benefit of the other party; and

(b) specifies the percentage value to be transferred.

(2) Pension sharing is available under this Part in relation to a person's
shareable rights under any pension arrangement other than an excepted
public service pension scheme.

(3) For the purposes of this Part, a person's shareable rights under a
pension arrangement are any rights of his under the arrangement, other than
rights of a description specified by regulations made by the Minister with
responsibility for finance.

(4) For the purposes of subsection (1), a public service pension scheme
is excepted if it is specified by order made by the Minister with
responsibility for finance.

(5) In subsection (1) “party” means a party to a civil partnership.
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Pension sharing orders in connection with dissolution proceedings etc.

113.(l) On granting a dissolution order or a nullity order of civil
partnership or at any time thereafter (whether before or after the order
is made absolute), the court may, on an application made under this
section, make one or more pension sharing orders in relation to the civil
partnership.

(2) A pension sharing order under this section is not to take effect
unless the dissolution order or nullity order on or after which it is made
has been made final.

(3) A pension sharing order under this section may not be
made in relation to a pension arrangement which−

(a) is the subject of a pension sharing order in relation to the civil
partnership; or

(b) has been the subject of pension sharing between the parties to
the civil partnership.

(4) A pension sharing order under this section may not be made in
relation to shareable state scheme rights if such rights−

(a) are the subject of a pension sharing order in relation to
the civil partnership; or

(b) have been the subject of pension sharing between the
parties to the civil partnership by virtue of any other
statutory provisions or otherwise.

(5) A pension sharing order under this section may not be made in
relation to the rights of a person under a pension arrangement if there is in
force a requirement imposed by virtue of section 94 or 95 which relates to
benefits or future benefits to which that person is entitled under the pension
arrangement.

Pension sharing orders: nullity of civil partnership.

114.(l) On or after granting a nullity order (whether before or after the order
is made final), the court may, on an application made under this section,
make one or more pension sharing orders in relation to the civil partnership.

(2) The court shall exercise its powers under this section, so far as is
practicable, by making on one occasion all such provision as can be made
by way of one or more pension sharing orders in relation to the civil
partnership as it thinks fit.
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(3) Where a pension sharing order is made under this section on or after
the granting of a nullity order, the pension sharing order is not to take effect
unless the nullity order has been made final.

(4) This section is to be read subject to any restrictions imposed by
section 115.

Restrictions affecting section 114.

115.(l) A pension sharing order under section 114 may not be made
in relation to a pension arrangement which−

(a) is the subject of a pension sharing order in relation to the civil
partnership; or

(b) have been the subject of pension sharing between the parties to
the civil partnership by virtue of any other statutory provisions
or otherwise.

(2) A pension sharing order under section 114 may not be made in
relation to shareable state scheme rights if such rights−

(a) are the subject of a pension sharing order in relation to the civil
partnership; or

(b) have been the subject of pension sharing between the parties to
the civil partnership by virtue of any other statutory provision
or otherwise.

(3) A pension sharing order under section 114 may not be made in
relation to the rights of a person under a pension arrangement if there is in
force a requirement imposed by virtue of section 117 or 118 which relates to
benefits or future benefits to which that person is entitled under the pension
arrangement.

Pension sharing orders: duty to stay.

116. No pension sharing order may be made so as to take effect before the
end of such period after the making of the order as may be prescribed by
regulations made by the Minister with responsibility for finance.


Pensions.

117.(1) The matters to which the court is to have regard under section 71(2)
include−

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(a) in the case of paragraph (a), any benefits under a pension
arrangement which a party to the civil partnership has or is
likely to have; and

(b) in the case of paragraph (h), any benefits under a pension
arrangement which, by reason of the dissolution or annulment
of the civil partnership, a party to the civil partnership will lose
the chance of acquiring,

and, accordingly, in relation to benefits under a pension arrangement,
section 71(2)(a) shall have effect as if "in the foreseeable future" were
omitted.

(2) The following provisions apply where, having regard to any benefits
under a pension arrangement, the court determines to make an order under
section 67.

(3) To the extent to which the order is made having regard to any
benefits under a pension arrangement, the order may require the person
responsible for the pension arrangement in question, if at any time any
payment in respect of any benefits under the arrangement becomes due to
the party with pension rights, to make a payment for the benefit of the other
party.

(4) The order must express the amount of any payment required to be
made by virtue of subsection (3) as a percentage of the payment which
becomes due to the party with pension rights.

(5) Any such payment by the person responsible for the arrangement−

(a) shall discharge so much of his liability to the party with
pension rights as corresponds to the amount of the payment;
and

(b) shall be treated for all purposes as a payment made by the party
with pension rights in or towards the discharge of his liability
under the order.

(6) Where the party with pension rights has a right of commutation
under the arrangement, the order may require that party to exercise it to any
extent; and this section applies to any payment due in consequence of
commutation in pursuance of the order as it applies to other payments in
respect of benefits under the arrangement.

(7) The power conferred by subsection (6) may not be exercised for the
purpose of commuting a benefit payable to the party with pension rights to a
benefit payable to the other party.

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(8) The power conferred by subsection (3) or (6) may not be exercised
in relation to a pension arrangement which−

(a) is the subject of a pension sharing order in relation to the civil
partnership; or

(b) has been the subject of pension sharing between the parties to
the civil partnership by virtue of any other statutory provisions
or otherwise.

(9) In subsection (1), references to benefits under a pension arrangement
include any benefits by way of pension, whether under a pension
arrangement or not.

Pensions: lump sums.

118.(1) The power of the court under section 67 to order a party to a civil
partnership to pay a lump sum to the other party includes, where the benefits
which the party with pension rights has or is likely to have under a pension
arrangement include any lump sum payable in respect of his death, power to
make any of the provisions under this section by the order.

(2) The court may−

(a) if the person responsible for the pension arrangement in
question has power to determine the person to whom the sum,
or any part of it, is to be paid, require that person to pay the
whole or part of that sum, when it becomes due, to the other
party;

(b) if the party with pension rights has power to nominate the
person to whom the sum, or any part of it, is to be paid, require
the party with pension rights to nominate the other party in
respect of the whole or part of that sum; and

(c) in any other case, require the person responsible for the
pension arrangement in question to pay the whole or part of
that sum, when it becomes due, for the benefit of the other
party instead of to the person to whom, apart from the order, it
would be paid.

(3) Any payment by the person responsible for the arrangement under
an order made under section 67 by virtue of this section shall discharge so
much of his viability in respect of the party with pension rights as
corresponds to the amount of the payment.

(4) The powers conferred by this section may not be exercised in
relation to a pension arrangement which−
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(a) is the subject of a pension sharing order in relation to the civil
partnership; or

(b) has been the subject of pension sharing between the parties to
the civil partnership by virtue of any other statutory provisions
or otherwise.

Pensions: supplementary.

119.(1) Where−

(a) an order made under section 67 by virtue of section 117 or 118
imposes any requirement on the person responsible for a
pension arrangement (“the first arrangement”) and the party
with pension rights acquires rights under another pension
arrangement (“the new arrangement”) which are derived
(directly or indirectly) from the whole of his rights under the
first arrangement; and

(b) the person responsible for the new arrangement has been given
notice in accordance with regulations made by the Minister
with responsibility for finance,

the order shall have effect as if it had been made instead in respect of the
person responsible for the new arrangement.

(2) The Minister with responsibility for finance may by regulations−

(a) in relation to any provision of section 117 or 118 which
authorises the court making an order under section 67 to
require the person responsible for a pension arrangement to
make a payment for the benefit of the other party, make
provision as to the person to whom, and the terms on which,
the payment is to be made or prescribe the rights of the other
party under the pension scheme;

(b) make, in relation to payment under a mistaken belief as to the
continuation in force of a provision included by virtue of
section 117 or 118 in an order under section 67, provision
about the rights or liabilities of the payer, the payee or the
person to whom the payment was due;

(c) require notices to be given in respect of changes of
circumstances relevant to such orders which include provision
made by virtue of sections 117 and 118;

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(d) make provision for the person responsible for a pension
arrangement to be discharged in prescribed circumstances from
a requirement imposed by virtue of section 117 or 118;

(e) make provision about calculation and verification in relation to
the valuation of−

(i) benefits under a pension arrangement, or

(ii) shareable state scheme rights,
for the purposes of the court’s functions in connection with the exercise of
any of its powers under this Part of this Act;

(f) make provision imposing on the person responsible for a
pension arrangement, requirements with respect to the supply
of information relevant to any power with respect to financial
relief under this Chapter or sections 65 to 85 of this Act;

(g) make provision about calculation and verification in relation to
the valuation of benefits under a pension arrangement for the
purposes of Regulations made under paragraph (f);

(h) make provision about calculation and verification in
relation to the valuation of benefits under a pension
arrangement for the purposes of such Regulations, so far
as relating to the making of orders under this Part or
sections 65 to 85 of this of this Act;

(i) make provision for the purpose of enabling the person
responsible for a pension arrangement to recover prescribed
charges in respect of providing information in accordance with
regulations made under paragraph (f); and

(j) make provision for the purpose of enabling the person
responsible for a pension arrangement to recover prescribed
charges in respect of complying with an order under section 67
so far as it includes provision made by virtue of section 117 or
118.

(3) Regulations made under subsection (2)(e), (g) or (h) may include
provision for calculation or verification in accordance with guidance from
time to time prepared by a person designated for the purpose by the Minister
with responsibility for finance.

(4) Regulations made under subsection (2) may make different
provision for different cases.

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(5) The Minister with responsibility for finance may by regulations
make provision for the purpose of enabling the person responsible for a
pension arrangement involved in pension sharing to recover from the parties
to pension sharing prescribed charges in respect of prescribed descriptions
of pension sharing activity.

(6) Regulations made under subsection (5) may include−

(a) provision for the start of the implementation period for a
pension credit to be postponed in prescribed circumstances;

(b) provision, in relation to payments in respect of charges
recoverable under the regulations, for reimbursement as
between the parties to pension sharing; and

(c) provision for the recovery in prescribed circumstances of such
additional amounts as may be determined in accordance with
the regulations.

(7) In subsection (6)−

(a) the reference to the relevant order or provision is to the order
or provision which gives rise to the pension sharing; and

(b) the reference to the transferor is to the person to whose rights
that order or provision relates.

(8) For the purposes of subsection (5), a pension arrangement is
involved in pension sharing where any regulation made under this section in
respect of the creation, calculation and verification of pension debit and
pension credit applies by virtue of an order or provision which relates to the
arrangement.

(9) In subsection (5), the reference to pension sharing activity is to
activity attributable (directly or indirectly) to the involvement in pension
sharing.

(10) The Minister with responsibility for finance may by Regulations
make provision about the calculation and verification of cash equivalents.

(11) The power conferred by subsection (10) includes power to provide
for calculation or verification−

(a) in such manner as may, in the particular case, be approved by a
person prescribed by the regulations; or

(b) in accordance with guidance from time to time prepared by a
person so prescribed.
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(12) For the purposes of this Act or any regulations made under this
section, the implementation period for a pension credit is the period of 4
months beginning with the later of−

(a) the day on which the relevant order or provision takes effect;
and

(b) the first day on which the person responsible for the pension
arrangement to which the relevant order or provision relates is
in receipt of−

(i) the relevant documents, and

(ii) such information relating to the transferor and transferee
as the Minister with responsibility for finance may
prescribe by regulations.

(13) The reference in subsection (12)(b)(i) to the relevant documents
is to copies of−

(a) the relevant order or provision; and

(b) the order responsible for the dissolution, or annulment of the
civil partnership to which it relates.

(14) Subsection (12) is subject to any provision made by Regulations
under subsection (6)(c).

(15) The Minister with responsibility for finance may by Regulations−

(a) make provision requiring a person subject to liability in
respect of a pension credit to notify the transferor and
transferee of the day on which the implementation period
for the credit begins; and

(b) provide for subsection (12) to have effect with modifications
where the pension credit depends on a pension sharing order
and the order is the subject of an application for leave to appeal
out of time.

(16) In subsections (12) and (13)−

“relevant order or provision”, in relation to a pension credit, means the
pension sharing order or provision on which the pension credit
depends;

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“transferor” means the person to whose rights the relevant order or
provision relates;

“transferee” means the person for whose benefit the relevant order or
provision is made.

(17) In this section “prescribed” means prescribed in Regulations made
under subsection (5), (11) or (12)(b)(ii).

(18) In this section and sections 116 and 117−

“the party with pension rights” means the party to the civil partnership
who has or is likely to have benefits under a pension arrangement
and “the other party” means the other party to the civil partnership;

“pension arrangement” means−

(a) an occupational pension scheme;

(b) a personal pension scheme;

(c) a retirement annuity contract; and

(d) an annuity or insurance policy purchased, or transferred, for the
purpose of giving effect to rights under an occupational
pension scheme or a personal pension scheme;

and for the purposes of this Part, “pension arrangement” may
include any gratuity that is part of the retirement benefits.

“prescribed” means prescribed by Regulations;

“trustees or managers”, in relation to an occupational pension scheme or
a personal pension scheme, means−

(a) in the case of a scheme established under a trust, the trustees of
the scheme; and

(b) in any other case, the managers of the scheme.

(19) In this section and sections 116 and 117, references to the person
responsible for a pension arrangement are−

(a) in the case of an occupational pension scheme or a personal
pension scheme, to the trustees or managers of the scheme;

(b) in the case of a retirement annuity contract or an annuity falling
within paragraph (d) of the definition of “pension
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arrangement” mentioned in subsection (18), the provider of the
annuity; and

(c) in the case of an insurance policy falling within paragraph (d)
of the definition of that expression, the insurer.

Discharge of pension sharing orders on making of separation order.

120. Where, after the making of a pension sharing order under section 94
in relation to a civil partnership, a separation order is made in relation to the
civil partnership, the pension sharing order is discharged.

Appeals relating to pension sharing orders which have taken effect.

121.(1) Subsection (2) applies where an appeal against a pension sharing
order is begun on or after the day on which the order takes effect.

(2) If the pension sharing order relates to a person's rights under a
pension arrangement, the appeal court may not set aside or vary the order if
the person responsible for the pension arrangement has acted to his
detriment in reliance on the taking effect of the order.

(3) In determining for the purposes of subsection (2) whether a person
has acted to his detriment in reliance on the taking effect of the order, the
appeal court may disregard any detriment which in its opinion is
insignificant.

(4) Where subsection (2) applies, the appeal court may make such
further orders (including one or more pension sharing orders) as it thinks fit
for the purpose of putting the parties in the position it considers appropriate.

(5) Section 116 only applies to a pension sharing order under this
section if the decision of the appeal court can itself be the subject of an
appeal.

Power to make further provision in connection with civil partnership.

122. The Government may make such further provision (including
supplementary, incidental, consequential, transitory, transitional or saving
provision) as it considers appropriate–

(a) for the general purpose, or any particular purpose of this Act;

(b) in consequence of any provision made by or under this Act; or

(c) for giving full effect to this Act or any provision of it.

Rules.
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123. The Chief Justice may make rules for the better carrying out of the
purposes and provisions of this Act and in particular, but without prejudice
to the generality of the foregoing, may make rules–

(a) as to all matters of procedure under this Act;

(b) prescribing the forms to be used and in proceedings under this
Act;

(c) with regard to any matter as to which rules may be made under
this Act.

Fees.

124. The Minister with responsibility for personal status may by regulations
prescribe any fees to be paid in connection with any proceedings or related
matters under this Act.


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SCHEDULE 1
Section 6(2)

PROHIBITED DEGREES OF RELATIONSHIP

PART 1
THE PROHIBITIONS

Absolute prohibitions

1.(1) Two people are within prohibited degrees of relationship if one falls
within the list below in relation to the other.

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

Parent

Parent’s sibling

Sibling

Sibling’s child

(2) In the list “sibling” means a brother, sister, half-brother or half-
sister.
Qualified prohibitions

2.(1) Two people are within prohibited degrees 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 register as
civil partners of each other; and

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(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

(2) “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.

3. 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 register as
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
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The former spouse’s other parent

PART 2
SPECIAL PROVISIONS RELATING TO QUALIFIED PROHIBITIONS

Provisions relating to paragraph 2

4. Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but
intend to register as civil partners of each other by signing a civil
partnership schedule.

5.(1) The fact that a notice of proposed civil partnership has been given
must not be recorded in the register unless the Registrar−

(a) is satisfied by the production of evidence that both the
proposed civil partners have reached 21; and

(b) has received a declaration made by each of the proposed civil
partners−

(i) specifying their affinal relationship, and

(ii) declaring that the younger of them has not at any time
before reaching 18 been a child of the family in relation
to the other.

(2) Sub-paragraph (1) does not apply if a declaration is obtained under
paragraph 7.

(3) A declaration under sub-paragraph (1)(b) must contain such
information and must be signed and attested in such manner as may be
prescribed by regulations.

(4) The fact that the Registrar has received a declaration under sub-
paragraph (1)(b) must be recorded in the register.

(5) A declaration under sub-paragraph (1)(b) must be filed and kept by
the Registrar.

6.(1) Sub-paragraph (2) applies if−

(a) the Registrar receives from a person who is not one of the
proposed civil partners a written statement signed by that
person which alleges that a declaration made under paragraph 5
is false in a material particular; and

(b) the register shows that such a statement has been received.

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(2) The Registrar must not issue a civil partnership schedule unless a
declaration is obtained from the Court under paragraph 7.

7.(1) Either of the proposed civil partners may apply to the Court for a
declaration that, given that−

(a) both of them have reached 21; and

(b) the younger of those persons has not at any time before
reaching 18 been a child of the family in relation to the other,

there is no impediment of affinity to the formation of the civil partnership.

(2) Such an application may be made whether or not any statement has
been received by the Registrar under paragraph 6.

8. Section 13 (objection to proposed civil partnership) does not apply in
relation to a civil partnership to which paragraphs 5 to 7 apply, except so far
as an objection to the issue of a civil partnership schedule is made under that
section on a ground other than the affinity between the proposed civil
partners.

Provisions relating to paragraph 3

9.(1) This paragraph applies where two people are subject to paragraph 3
but intend to register as civil partners of each other by signing a civil
partnership schedule.

(2) The fact that a notice of proposed civil partnership has been given
must not be recorded in the register unless the Registrar is satisfied by the
production of evidence−

(a) that both the proposed civil partners have reached 21; and

(b) that the persons referred to in paragraph 3(b) are dead.

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SCHEDULE 2

Sections 7, 14, 30

CIVIL PARTNERSHIPS OF PERSONS UNDER 18

PART 1
APPROPRIATE PERSONS

1. Column 2 of the table specifies the appropriate persons (or person) to
give consent to a child whose circumstances fall within column 1 and who
intends to register as the civil partner of another−

Case Appropriate persons

1. The circumstances do not
fall
within any of items 2 to 8.

Each of the following−

(a) any parent of the child who
has parental responsibility for
that child, and


(b) any guardian of the child.


2. A special guardianship order
is
in force with respect to the
child
and the circumstances do not
fall
within any of items 3 to 7.

Each of the child’s special
guardians.

3. A care order has effect with
respect to the child.
Each of the following−
(a) the local authority designated
in the order, and


(b) each parent, guardian or
special guardian (in so far as
their parental responsibility has
not been restricted under the
2009 Act).


4. A residence order has effect
with respect to the child.
Each of the persons with whom
the child lives, or is to live, as a

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result of the order.

5. An adoption agency is
authorised
to place the child for adoption
under
the Adoption Act.
Either–
(a) the adoption agency, or
(b) if a care order has effect with
respect to the child, the local
authority designated in the order.


6. A placement order is in force
with respect to the child.
The local authority authorised
by the placement order to place
the child for adoption.


7. The child has been placed
for adoption with prospective
adopters.
The prospective adopters (in so
far as their parental responsibility
has not been restricted under the
Adoption Act, in addition to any
person specified in relation to
item 5 or 6.


8. The circumstances do not
fall
within any of items 2 to 4, but
a residence order was in force
with respect to the child
immediately before he reached
16.
The persons with whom the
child lived, or was to live, as a
result of the order.


2. In the table−

“the 2009 Act” means the Children Act 2009 and “guardian of a child”,
“parental responsibility”, “residence order”, “special guardian”,
“special guardianship order” and “care order” have the same
meaning as in that Act;

“adoption agency”, “placed for adoption”, “placement order” and “local
authority” have the same meaning as in the Adoption Act;

“appropriate local authority” means the local authority authorised by the
placement order to place the child for adoption.


PART 2
Section 7(2)
OBTAINING CONSENT: GENERAL

Consent of appropriate person unobtainable

3.(1) This paragraph applies if−
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(a) a child and another person intend to register as civil partners of
each other under any procedure other than the special
procedure; and

(b) the Registrar to whom the child gives a notice of proposed civil
partnership is satisfied that the consent of a person whose
consent is required (“A”) cannot be obtained because A is
absent, inaccessible or under a disability.

(2) If there is any other person whose consent is also required, the
Registrar must dispense with the need for A’s consent.

(3) If no other person’s consent is required−

(a) the Registrar may dispense with the need for any consent, or

(b) the Court may, on an application being made to it, consent to
the child registering as the civil partner of the other person
mentioned in sub-paragraph (1)(a).

(4) The consent of the Court under sub-paragraph (3)(b) has the same
effect as if it had been given by A.

Consent of appropriate person refused

4.(1) This paragraph applies if−

(a) a child and another person intend to register as civil partners of
each other under any procedure other than the special
procedure; and

(b) any person whose consent is required refuses his consent.

(2) The Court may, on an application being made to it, consent to the
child registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).

(3) The consent of the court under sub-paragraph (2) has the same effect
as if it had been given by the person who has refused his consent.

Declaration

5. If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 9 must also−

(a) state in relation to each appropriate person−

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(i) that that person’s consent has been obtained,

(ii) that the need to obtain that person’s consent has been
dispensed with under paragraph 3, or

(iii) that the court has given consent under paragraph 3 or 4,
or

(b) state that no person exists whose consent is required to a civil
partnership between the child and another person.

Forbidding proposed civil partnership

6.(1) This paragraph applies if it has been recorded in the register that a
notice of proposed civil partnership between a child and another person has
been given.

(2) Any person whose consent is required to a child and another person
registering as civil partners of each other may forbid the issue of a civil
partnership schedule by giving the Registrar written notice that he forbids it.

(3) A notice under sub-paragraph (2) must specify−

(a) the name of the person giving it;

(b) his place of residence; and

(c) the capacity, in relation to either of the proposed civil partners,
in which he forbids the issue of the civil partnership schedule.

(4) On receiving the notice, the Registrar must as soon as is practicable
record in the register the fact that the issue of a civil partnership schedule
has been forbidden.

(5) If the issue of a civil partnership schedule has been forbidden under
this paragraph, the notice of proposed civil partnership and all proceedings
on it are void.

(6) Sub-paragraphs (2) and (5) do not apply if the court has given its
consent under paragraph 3 or 4.

Evidence

7.(1) This paragraph applies if, for the purpose of obtaining a civil
partnership schedule, a person declares that the consent of any person or
persons whose consent is required under section 4 has been given.

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(2) The Registrar may refuse to issue the civil partnership schedule unless
satisfied by the production of written evidence that the consent of that
person or those persons has in fact been given.

Issue of civil partnership schedule

8. The duty in section 14(1) to issue a civil partnership schedule does not
apply if its issue has been forbidden under paragraph 6.

9. If a proposed civil partnership is between a child and another person, the
civil partnership schedule must contain a statement that the issue of the civil
partnership schedule has not been forbidden under paragraph 6.

PART 3
OBTAINING CONSENT: SPECIAL PROCEDURE

Consent of appropriate person unobtainable or refused

10.(1) Sub-paragraph (2) applies if−

(a) a child and another person intend to register as civil partners of
each other under the special procedure; and

(b) the Registrar is satisfied that the consent of a person (“A”)
whose consent is required cannot be obtained because A is
absent, inaccessible, or under a disability.

(2) If this sub-paragraph applies−

(a) the Registrar may dispense with the need for A’s consent
(whether or not there is any other person whose consent is also
required); or

(b) the Court may, on application being made, consent to the child
registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).

(3) The consent of the Court under sub-paragraph (2)(b) has the same
effect as if it had been given by A.

(4) Sub-paragraph (5) applies if−

(a) a child and another person intend to register as civil partners of
each other under the special procedure; and

(b) any person whose consent is required refuses his consent.

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(5) The Court may, on application being made, consent to the child
registering as the civil partner of the person mentioned in sub-paragraph
(4)(a).

(6) The consent of the Court under sub-paragraph (5) has the same effect
as if it had been given by the person who has refused his consent.

Declaration

11. If one of the proposed civil partners is a child and is not a surviving
civil partner, the necessary declaration under section 9 must also−

(a) state in relation to each appropriate person−

(i) that that person’s consent has been obtained,

(ii) that the need to obtain that person’s consent has been
dispensed with under paragraph 10(2), or

(iii) that the court has given consent under paragraph 10(2) or
(5), or

(b) state that no person exists whose consent is required to a civil
partnership between the child and another person.

Forbidding proposed civil partnership

12. Paragraph 6 applies in relation to the special procedure as if−

(a) any reference to forbidding the issue of a civil partnership
schedule were a reference to forbidding the Registrar to give
authority for the issue of his licence; and

(b) sub-paragraph (6) referred to the Court giving its consent under
paragraph 10(2) or (5).

Evidence

13.(1) This paragraph applies−

(a) if a child and another person intend to register as civil partners
of each other under the special procedure; and

(b) the consent of any person (“A”) is required to the child
registering as the civil partner of that person.

(2) The person giving the notice (under section 9) of a proposed civil
partnership to the Registrar must produce to the authority such evidence as
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the Registrar may require to satisfy him that A’s consent has in fact been
given.


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SCHEDULE 3

Section 61

AMENDMENTS TO THE MARRIED WOMEN ACT

Amendments to the Married Women Act.

1. In the short title after “women” insert “and civil partners”.

2. In section 2 (Interpretation), at subsection (2)−

(a) after “married women” (in each place) insert “or civil partner”;

(b) after “marriage” insert “or in the case of civil partners, either
before or after his or her civil partnership”,

(c) after “husband” insert “or his or her civil partner”; and

(d) after “he” insert “or in the case of civil partners, he or she”.

3. In section 3 (Stock, etc., to which married woman is entitled)−

(a) insert “or civil partner” after “woman” in title;

(b) after “standing in her name” insert “or in the case of civil
partners, his or her name”;

(c) after “married woman” (in each place) insert “or civil partner”;

(d) after “evidence that she” insert “or he or she in the case of civil
partners”;

(e) after “empower her” insert “or him or her in the case of civil
partners”; and

(f) after “husband” insert “or civil partner”.

4. In section 4 (Stock, etc. to be transferred, etc. to a married woman)−

(a) insert “or civil partner” after “woman” in title;

(b) after “married woman” insert “or civil partner”;

(c) after “to be her property” insert “or in the case of civil partners,
his or her property”; and
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(d) after “thereto” insert “he or”.

5. In section 5 (Investments in joint names of married woman and others)−

(a) insert “or civil partners” after “woman” in the title;

(b) after “of a married woman” (in each place) insert “or civil
partner”;

(c) after “of the married woman”, insert “or civil partner”; and

(d) after “husband” insert “or in the case of civil partners, any civil
partner jointly with any person other than their civil partner”.

6. In section 6 (Stock, etc., to be transferred, etc ., to a married woman)−

(a) insert “or civil partner” after “woman” in the title;

(b) after “married woman” (in each place except for after “husband
of any married woman”) insert “or civil partner”;

(c) after “husband of any married woman” insert “or civil
partners”;

(d) after “her interest” insert “or in the case of civil partners, his or
her interest”; and

(e) after “her husband” insert “or his or her civil partner”.

7. In section 7 (Fraudulent investments with money of husbands)−

(a) insert “or civil partner” after “husband” in title;

(b) after “married woman” insert “or civil partner”;

(c) after “without his consent” insert, or in the case of civil
partners, by a civil partner by means of money of his or her
civil partner, without his or her consent”;

(d) after “the husband” (in each place) insert “or the relevant civil
partner”;

(e) after “by a husband to his wife” insert “or by a civil partner to
their civil partner”; and

(f) after “the name of his wife” insert “or corresponding civil
partner”.
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8. In section 8 (Moneys payable under policy of assurance not to form part
of estate of the insured)−

(a) in subsection (1), after “married woman” insert “or civil
partner”,

(b) in subsection (1), after “policy upon” insert “his or”,

(c) in subsection (1), after “for” insert “his or”,

(d) after “husband” (in each place) insert “or his or her civil
partner”,

(e) in subsection (2), after “benefit of his wife” insert “or civil
partner”, and

(f) in subsection (2) ,after “benefit of her husband” insert “or civil
partner”.

9. In section 9 (Wife’s antenuptial debts and liabilities)−

(a) insert “or civil partner’s ” after “Wife’s” in title, and

(b) after “marriage” (in each place) insert “or civil partnership”.

10. In section 10 (Questions between husband and wife as to property to be
decided in a summary way)−

(a) insert “or civil partner” after “wife” in title, and

(b) in subsection (1) after “wife” insert “or civil partners”.

11. In section 11 (Actions in tort between husband and wife)−

(a) insert “or civil partners” after “wife” in title,

(b) after “marriage” (in each place)insert “or civil partnership”,
and

(c) in subsection (1), after “married” insert “or in a civil
partnership”.

12. In section 12 (Married woman as executrix or trustee)−

(a) insert “or civil partners” after “woman” in title;

(b) after “married woman” insert “or civil partner”; and
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(c) after “feme sole” insert “or in the case of civil partners, without
his or her civil partner, as if he or she was not in a civil
partnership”.

13. In section 13 (Saving of power to make settlements)−

(a) after “marriage” insert “or civil partnership”;

(b) after “married woman” insert “or civil partner”;

(c) after “such woman” insert “or man, in the case of a civil
partnership”; and

(d) after “by a man” insert “or woman , in the case of a civil
partnership”.

14. In section 14 (Married woman entitled to prior estate to be protector of
settlement alone)−

(a) insert “or civil partners” after “woman” in title; and

(b) in subsection (1), after “woman” insert “or civil partner”.

15. In section 15 (Capacity of married women)−

(a) insert “or civil partners” after “women” in title;

(b) after “married woman” insert “or civil partner”; and

(c) in subsection (b), after “rendering herself” insert “or in the case
of civil partners, himself or herself”.

16. In section 17 (Abolition of husband’s liability for wife’s torts and
antenuptial contracts, debts and obligations)−

(a) insert “or civil partner’s” after “husband’s” in title;

(b) insert “or civil partner’s” after “wife’s” in title;

(c) after “married woman” insert “or a civil partner”;

(d) after “her husband” insert “or his or her civil partner”;

(e) in subsection (a), after “committed by her” insert “or in the
case of civil partners, by him or her”,

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(f) in subsection (a), after “marriage” insert “or civil partnership”;
and

(g) in subsection (a), after “marriage” insert “or him or her before
the civil partnership”.

17. In section 19 (Savings), after “wife”, (in each place) insert “or civil
partners”.

_____________________


SCHEDULE 4
Section 62

WILLS, ADMINISTRATION OF ESTATES AND FAMILY
PROVISION

PART 1
WILLS


Amendments to the Wills Act 2009.

1. In section 14 (Gifts to an attesting witness is void), in subsection (1),
after “wife or husband” (in each place) insert “or civil partner”.

2. In section 15 (Creditor attesting to be admitted as a witness), after “wife
or husband” insert “or civil partner”.

3. In section 17 (Revocation of wills by marriage, except in certain cases)−

(a) insert “and civil partnership’s” after “marriage” in title;

(b) after “marriage” (in each place except for the title) insert “or
civil partnership”; and

(c) in subsection (3) after “married” insert “or enter into a civil
partnership”.

4. In section 18 (Effect of dissolution or annulment of marriage on wills)−

(a) after “marriage” (in each place including the title) insert “or
civil partnership”; and

(b) after “spouse” (in each place) insert “or civil partner”.


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PART 2
ADMINISTRATION OF ESTATES

Amendments to the Public Trustee Act.

1. In section 10(1), after “widower, widow” (in both places) insert
“surviving partner”.


Amendments to the Administration of Estates Act.

1. In section 2 (interpretation), in subsection (1), after marriage (in
definition of “purchaser”) insert “or civil partnership”.

2. In section 51 (Succession to real and personal estate on intestacy)−

(a) for “husband or wife” (in each place) substitute “husband, wife
or civil partner”; and

(b) in subsection (2), after “wife” insert “or civil partners”.

3. In section 52 (Statutory trusts in favour of issue and other classes of
relatives of intestate)−

(a) after “marry” (in each place) insert “or enter into a civil
partnership”;

(b) in subsection (2)(b), after “married” insert “or enters into a
civil partnership”; and

(c) in subsection (2)(c), after “marriage” insert “or civil
partnership”.

4. In section 53 (Powers of personal representative in respect of interest of
surviving spouse), for “husband or wife” (in each place) substitute
“husband, wife or civil partner”.

5. In section 56 (Savings), in subsection (3), after “married” insert “or in a
civil partnership”.

6. In section 59 (Revocation of nomination), in subsection (1)(b), after
“marriage” insert “or civil partnership”.

7. In section 60 (Operation of nomination), in subsection (3), after
“marriage” insert “or civil partnership”.

8. In the Second Schedule (Nomination for benefit under section 57), in
subsection (2)−
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(a) after “marry” insert “or enter into a civil partnership”; and

(b) after “marriage” (in each place) insert “or civil partnership”.

Amendments to the Inheritance (Provisions for family and dependants)
Act.

1. In the Long Title insert “civil partner, former civil partner” after
“spouse”.

2. In section 2 (Interpretation)−

(a) in subsection (1), after “former wife made under the
Matrimonial Causes Act” insert ““former civil partner” means
a person whose civil partnership with the deceased was during
the deceased’s lifetime dissolved or annulled under the Civil
Partnership Act 2014;”;

(b) in subsection (1), after “marriage” (definition of “Valuable
Consideration”) insert “or civil partnership or a promise of
civil partnership”;

(c) in subsection (4), after “husband” insert “or civil partner”;

(d) in subsection (4), after “marriage” (in each place) insert “or
civil partnership”,

(e) in subsection (5), after “remarried” insert “or entered into a
subsequent civil partnership”;

(f) in subsection (5), after “marriage” (in each place) insert “or
civil partnership”; and

(g) in subsection (5), after “remarriage” insert “or subsequent civil
partner”.

3. In section 3 (Application for financial provision from deceased’s estate)−

(a) in subsection (1)(a), for “wife or husband” substitute “wife,
husband or civil partner”;

(b) in subsection (1)(b), for “former wife or former husband”
substitute “former wife, former husband or former civil
partner”;

(c) in subsection (1)(d), after “marriage” (in each place) insert “or
civil partnership”;
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(d) in subsection (2)(a), for “husband or wife” (in each place)
substitute husband, wife or civil partner”;

(e) in subsection (2)(a), after “marriage” insert “or civil
partnership”;

(f) in subsection (2)(a), after “judicial separation” insert “or
separation order”; and

(g) in subsection (2)(a), after “decree” insert “or order”.

4. In section 4 (Powers of court to make orders), in subsection (1)(f), after
“marriage” (in each place) insert “or civil partnership”.


5. In section 4A (Orders for maintenance of surviving party to void
marriage)−

(a) after “marriage” (in each place including the title) insert “or
civil partnership”;

(b) in subsection (2), after “remarries” insert “or enters into a civil
partnership”; and

(c) after “remarriage” (in each place) insert “or civil partnership”.

6. In section 5 (Matters to which the court is to have regard in exercising
powers under section 4), in subsection (2)−

(a) after “marriage” (in each place) insert “or civil partnership”;

(b) for “wife or husband” substitute “wife, husband or civil
partner”;

(c) after “decree” insert “or order”; and

(d) after “divorce” insert “or dissolution order”.

7. In section 8 (Variation, discharge, etc. of orders for periodical
payments), in subsection (10)−

(a) after “marriage” insert “or civil partnership”; and

(b) for “former wife or former husband” (in each case) substitute
“former wife, former husband or former civil partner”.

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8. In section 16 (Provisions as to cases where no financial relief was
granted in divorce proceedings, etc.)−

(a) insert “or dissolution” after “divorce” in title;

(b) in subsection (1), for “decree of divorce or nullity of marriage”
substitute (in each place) “decree of divorce, nullity of
marriage or dissolution of a civil partnership”;

(c) in subsection (1), after “absolute” (in each place) insert “or
final”;

(d) in subsection (1), after “decree” (in each place) insert “order”;

(e) in subsection (1), after “judicial separation” (in each place)
insert “or separation order”;

(f) in subsection (1), after “marriage” (in each place) insert “or
civil partnership;

(g) in subsection (1)(a), after “Matrimonial Causes Act” insert “,
Civil Partnership Act 2014”; and

(h) in subsection (2), after “matrimonial” insert “or civil
partnership”.

9. In section 17 (Restriction imposed in divorce proceedings etc. on
application under this Act)−

(a) after “Matrimonial Causes Act” (in each place) insert “or
section 85 of the Civil Partnership Act 2014”;

(b) in subsection (1), for “decree of divorce or nullity of marriage”
substitute “decree of divorce, nullity of marriage or dissolution
of a civil partnership;

(c) after “party to a marriage” (in each place) insert “or civil
partnership”,

(d) after “party to that marriage” (in each place) insert “or civil
partnership”, and

(e) in subsection (2), after “decree” (in each place) insert “or
order”.

10. In section 18 (Variation and discharge of secured periodical payments
orders made under the Matrimonial Causes Act), after “Matrimonial Causes
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Act” insert (in each place including the title) “or Civil Partnership Act
2014”.

11. In section 19 (Variation and revocation of maintenance agreements), in
subsection (4), after “marriage” (in each place) insert “or civil partnership”.

12. In section 20 (Effect, duration and form orders), in section 2−

(a) in subsection (a), substitute “former husband or former wife”
for “former husband, former wife or former civil partner”,

(b) in subsection (b), substitute “husband or wife” for “husband,
wife or civil partner”,

(c) in subsection (b), after “marriage” insert “or civil partner”,

(d) in subsection (b), after “decree” (in each place) insert “or
order”, and

(e) after “remarriage” insert “or civil partner”.


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SCHEDULE 5

Section 63

FINANCIAL RELIEF IN GIBRALTAR AFTER OVERSEAS
DISSOLUTION ETC. OF A CIVIL PARTNERSHIP


PART 1
FINANCIAL RELIEF

Part applies where civil partnership has been dissolved etc. overseas

1.(1) This Part of this Schedule applies where−

(a) a civil partnership has been dissolved or annulled, or the civil
partners have been legally separated, by means of judicial or
other proceedings in an overseas country, and

(b) the dissolution, annulment or legal separation is entitled to be
recognised as valid in Gibraltar.

(2) This Part of this Schedule applies even if the date of the dissolution,
annulment or legal separation is earlier than the date on which the Part
comes into force.

(3) In this Schedule “overseas country” means a country or territory
outside Gibraltar.

(4) In this Part of this Schedule “child of the family” means-

(a) child of both of the civil partners, and

(b) any other child, other than a child placed with them as foster
parents or by a local authority or voluntary organisation, who
has been treated by both the civil partners as a child of their
family.

Either civil partner may make application for financial relief.

2.(1) Either of the civil partners may make an application to the court for
an order under paragraph 9 or 13.

(2) The rights conferred by sub-paragraph (1) are subject to−

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(a) paragraph 3 (civil partner may not apply after forming
subsequent civil partnership etc.), and

(b) paragraph 4 (application may not be made until leave to make it
has been granted).

(3) An application for an order under paragraph 9 or 13 must be made in
a manner prescribed by rules of court.

No application after formation of subsequent civil partnership or
marriage.

3.(1) If–

(a) the civil partnership has been dissolved or annulled, and

(b) after the dissolution or annulment, one of the civil partners
forms a subsequent civil partnership or marriage,

that civil partner shall not be entitled to make, in relation to the civil
partnership, an application for an order under paragraph 9 or 13.

(2) The reference in sub-paragraph (1) to the forming of a subsequent civil
partnership or marriage includes a reference to the forming of a civil
partnership or marriage which is by law void or voidable.

Leave of court required for making of application.

4.(1) No application for an order under paragraph 9 or 13 shall be made
unless the leave of the court has been obtained in accordance with rules of
court.

(2) The court shall not grant leave under this paragraph unless it considers
that there is substantial ground for the making of an application for such an
order.

(3) The Court may grant leave under this paragraph notwithstanding that
an order has been made by a court in a country outside Gibraltar requiring
the other civil partner to make any payment, or transfer any property, to the
applicant.

(4) Leave under this paragraph may be granted subject to such conditions
as the court thinks fit.

Interim orders for maintenance.

5.(1) Where–

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(a) leave is granted under paragraph 4, and

(b) it appears to the court that the civil partner who applied for
leave, or any child of the family, is in immediate need of
financial assistance,

the court may, subject to sub-paragraph (4), make an interim
order for maintenance.

(2) An interim order for maintenance is one requiring the other civil
partner to make–

(a) to the applicant,

such periodical payments as the court thinks reasonable for such term as the
court thinks reasonable.

(3) The term must be one–

(a) beginning not earlier than the date of the grant of leave, and

(b) ending with the date of the determination of the application
made under the leave.

(4) If it appears to the court that the court will, in the event of an
application being made under the leave, have jurisdiction to entertain the
application only under paragraph 7(4), the court shall not make an interim
order under this paragraph.

(5) An interim order under this paragraph may be made subject to such
conditions as the court thinks fit.


Paragraphs 7 and 8 apply where application made for relief under
paragraph 9 or 13.

6. Paragraphs 7 and 8 apply where–

(a) one of the civil partners has been granted leave under paragraph
4, and

(b) acting under the leave, that civil partner makes an application
for an order under paragraph 9 or 13.

Jurisdiction of the court.

7.(1) The court shall have jurisdiction to entertain the application only if
one or more of the following jurisdictional requirements is satisfied.
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(2) The first requirement is that either or the civil partners–

(a) was domiciled in Gibraltar on the date when the leave was
applied for, or

(b) was domiciled in Gibraltar on the date when the dissolution,
annulment or legal separation took effect in the overseas country
in which it was obtained.

(3) The second is that either of the civil partners–

(a) was habitually resident in Gibraltar throughout the period of
one year ending with the date when the leave was applied for; or

(b) was habitually resident in Gibraltar throughout the period of
one year ending with the date on which the dissolution,
annulment or legal separation took effect in the overseas country
in which it was obtained.

(4) The third is that either or both of the civil partners had, at the date
when the leave was applied for, a beneficial interest in possession in a
dwelling-house situated in Gibraltar which was at some time during the civil
partnership a civil partnership home of the civil partners.

(5) In sub-paragraph (4) “possession” includes receipt of, or the right to
receive, rents and profits, but here “rent” does not include mortgage interest.

Duty of the court to consider whether Gibraltar is appropriate venue
for application.

8.(1) Before deciding the application, the court must consider whether in
all the circumstances of the case it would be appropriate for an order of the
kind applied for to be made by a court in Gibraltar.

(2) If the court is not satisfied that it would be appropriate, the court
shall dismiss the application.

(3) The court must, in particular, have regard to the following matters–

(a) the connection which the civil partners have with Gibraltar;

(b) the connection which the civil partners have with the country in
which the civil partnership was dissolved or annulled or in
which they were legally separated;

(c) the connection which the civil partners have with any other
country outside Gibraltar;
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(d) any financial benefit which, in consequence of the dissolution,
annulment or legal separation–

(i) the applicant, or

(ii) a child of the family,

has received, or is likely to receive, by virtue of any agreement
or the operation of the law of a country outside Gibraltar;

(e) in a case where an order has been made by a court in a country
outside Gibraltar requiring the other civil partner–

(i) to make any payment, or

(ii) to transfer any property,

for the benefit of the applicant or a child of the family, the
financial relief given by the order and the extent to which the
order has been complied with or is likely to be complied with;

(f) any right which the applicant has, or has had, to apply for
financial relief from the other civil partner under the law of any
country outside Gibraltar and, if the applicant has omitted to
exercise that right, the reason for that omission;

(g) the availability in Gibraltar of any property in respect of which
an order under this Schedule in favour of the applicant could be
made;

(h) the extent to which any order made under this Schedule is likely
to be enforceable;

(i) the length of time which has elapsed since the date of the
dissolution, annulment or legal separation.

Orders for financial provision, property adjustment and pension
sharing.

9.(1) Sub-paragraphs (2) and (3) apply where one of the civil partners has
made an application for an order under this paragraph.

(2) If the civil partnership has been dissolved or annulled, the court may
on the application make any one or more of the orders which it could make
under sections 65 to 84 and sections 112 to 121 (financial provision,
property adjustment and pension sharing) if a dissolution order or nullity
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order had been made in respect of the civil partnership under Chapter 2 of
Part 2 of this Act.

(3) If the civil partners have been legally separated, the court may on the
application make any one or more of the orders which it could make under
sections 65 to 84 (financial provision and property adjustment) if a
separation order had been made in respect of the civil partners under
Chapter 2 of Part 2 of this Act.

(4) Where under sub-paragraph (2) or (3) the court makes–

(a) an order which, if made under sections 65 to 84, would be a
secured periodical payments order;

(b) an order for the payment of a lump sum, or

(c) an order which, if made under Sections 65 to 84 of the Act ,
would be a property adjustment order,

then, on making that order or at any time afterwards, the court may make
any order which it could make under 70 of the Act(sale of property) if the
order under sub–paragraph (2) or (3) had been made under that section.

(5) The powers under sub-paragraphs (2) to (4) are subject to paragraph
11.

Matters to which court is to have regard in exercising its powers under
paragraph 9.

10.(1) The court, in deciding–

(a) whether to exercise its powers under paragraph 9, and

(b) if so, in what way,

must act in accordance with this paragraph.

(2) The court must have regard to all the circumstances of the case,
giving first consideration to the welfare, while under 18, of any child of the
family who has not reached 18.

(3) The court, in exercising its powers under paragraph 9 in relation to
one of the civil partners–

(a) must in particular have regard to the matters mentioned in
paragraph 71(2) of the Act, and

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(b) shall be under duties corresponding to those imposed by
sub-paragraphs 72(1) and (2) of the Act where it decides to
exercise under paragraph 9 powers corresponding to the powers
referred to in those sub-paragraphs.

(4) The matters to which the court is to have regard under sub paragraph
(3)(a), so far as relating to paragraph 71(2)(a) of the Act (regard to be had to
financial resources) are any benefits under a pension arrangement which
either of the civil partners has or is likely to have, whether or not in the
foreseeable future.

(5) The matters to which the court is to have regard under sub paragraph
(3)(a), so far as relating to paragraph 71(2)(H) of the Act (regard to be had
to benefits that cease to be acquirable), are any benefits under a pension
arrangement which, because of the dissolution or annulment of the civil
partnership, one of the civil partners will lose the chance of acquiring.

(6) The court, in exercising its powers under paragraph 9 in relation to a
child of the family must in particular have regard to the matters mentioned
in section 71(3) of the Civil Partnership Act 2014.

(7) The court, in exercising its powers under paragraph 9 against a civil
partner (“A”) in favour of a child of the family who is not A’s child, must
also have regard to the matters mentioned in section 71(4) of the Civil
Partnership Act 2014.

(8) Where an order has been made by a court outside Gibraltar for–

(a) the making of payments; or

(b) the transfer of property,

by one of the civil partners, the court in considering in
accordance with this paragraph the financial resources of the
other civil partner, or a child of the family , shall have regard to
the extent to which that order has been complied with or is
likely to be complied with.

(9) In this paragraph–

(a) “pension arrangement” has the same meaning as in Section 112
of the Act; and

(b) references to benefits under a pension arrangement include any
benefits by way of pension, whether under a pension
arrangement or not.

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Restriction of powers under paragraph 9 where jurisdiction depends on
civil partnership home in Gibraltar.

11.(1) Sub-paragraphs (2) to (4) apply where the court has jurisdiction to
entertain an application for an order under paragraph 9 only because a
dwelling-house which was a civil partnership home of the civil partners is
situated in Gibraltar.

(2) The court may make under paragraph 9 any one or more of the
following orders (but no other)−

(a) an order that one of the civil partners shall pay to the other a
specified lump sum;

(b) an order that one of the civil partners shall pay to a child of the
family, or to a specified person for the benefit of a child of the
family, a specified lump sum;

(c) an order that one of the civil partners shall transfer that civil
partner’s interest in the dwelling-house, or a specified part of that
interest –

(i) to the other,

(ii) to a child of the family,

(iii) to a specified person for the benefit of a child of the
family;

(d) an order that a settlement of the interest of one of the civil
partners in the dwelling-house, or a specified part of that
interest, be made to the satisfaction of the court for the benefit
of any one or more of–

(i) the other civil partner, or

(ii) either of them;

(e) an order varying for the benefit of any one or more of–

(i) the civil partners, or

(ii) either of them,

a relevant settlement so far as that settlement relates to an
interest in the dwelling-house;

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(f) an order extinguishing or reducing the interest of either of the
civil partners under a relevant settlement so far as that interest is
an interest in the dwelling-house;

(g) an order for the sale of the interest of one of the civil partners in
the dwelling-house.

(3) Where under paragraph 9 the court makes just one order for the
payment of a lump sum by one of the civil partners, the amount of the lump
sum must not exceed the amount specified in sub-paragraph (5).

(4) Where under paragraph 9 the court makes two or more orders each
of which is an order for the payment of a lump sum by the same civil
partner, the total of the amounts of the lump sums must not exceed the
amount specified in sub-paragraph (5).

(5) That amount is−

(a) if the interest of the paying civil partner in the dwelling-house is
sold in pursuance of an order made under sub-paragraph (2)(f),
the amount of the proceeds of sale of that interest after
deducting from those proceeds any costs incurred in the sale of
that interest;

(b) if that interest is not so sold, the amount which in the opinion of
the court represents the value of that interest.

(6) Where the interest of one of the civil partners in the dwelling-house
is held jointly or in common with any other person or persons–

(a) the reference in sub-paragraph (2)(f) to the interest of one of the
civil partners shall be construed as including a reference to the
interest of that other person, or the interest of those other
persons, in the dwelling-house, and

(b) the reference in sub-paragraph (5)(a) to the amount of the
proceeds of a sale ordered under sub-paragraph (2)(f) shall be
construed as a reference to that part of those proceeds which is
attributable to the interest of that civil partner in the dwelling-
house.

(7) In sub-paragraph (2)–

“relevant settlement” means a settlement made, during the subsistence of
the civil partnership or in anticipation of its formation, on the civil
partners, including one made by will or codicil;

“specified” means specified in the order.
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Consent orders under paragraph 9.

12.(1) On an application for a consent order under paragraph 9, the court
may make an order in the terms agreed on the basis only of the prescribed
information furnished with the application.

(2) Sub-paragraph (1) does not apply if the court has reason to think that
there are other circumstances into which it ought to inquire.

(3) Sub-paragraph (1) applies to an application for a consent order
varying or discharging an order under paragraph 9 as it applies to an
application for such an order.

(4) Sub-paragraph (1) applies despite paragraph 10.

(5) In this paragraph–

“consent order”, in relation to an application for an order, means an order
in the terms applied for to which the respondent agrees;

“prescribed” means prescribed by rules of court.

Orders for transfers of tenancies of dwelling-houses.

13 (1) This paragraph applies if-

(a) an application is made by one of the civil partners for an order
under this paragraph, and

(b) one of the civil partners is entitled, either in his own right or
jointly with the other civil partner, to occupy a dwelling-house
in Gibraltar by virtue of tenancy.

(2) The court may make in relation to that dwelling-house any order
which it could make under section 84 of this Act if it had power to make a
property adjustment order under section 69 of this Act with respect to the
civil partnership.

Application to orders under paragraphs 5 and 9 of provisions of
Schedule 5.

14.(1) The following sections of the Civil Partnership Act 2014 apply in
relation to an order made under paragraph 5 or 9 of this Schedule as they
apply in relation to a like order made under that section–

(a) sections 67(1) and (2) of the Act (lump sums);

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(b) sections 70(2), 70(4), 70(5) and 70(6) of the Act (orders for
sale);

(c) sections 113(3) to (5) and 116 of the Act (pension sharing);

(d) sections 117(2) to (8) and 67 of the Act;

(e) sections 75(1),(2),(8),(9),(10), 76, 78(6) and (7) of the Act;

(f) sections 79 and 80 of the Act;

(g) Sections 77 and 121 of the Act.

(2) Sub-paragraph (1)(d) does not apply where the court has jurisdiction
to entertain an application for an order under paragraph 9 only because a
dwelling-house which was a civil partnership home of the civil partners is
situated in Gibraltar .

(3) Section 119 of the Act applies in relation to an order made under
paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) above as it
applies to an order made under section 65 to 84 by virtue of section 117 or
118 of the Act.

(4) The Minister may by regulations make for the purposes of this
Schedule provision corresponding to any provision which may be made by
him under section 119(2) of the Act.

(5) The power to make regulations under this section is exercisable by
statutory instrument which is subject to annulment in pursuance of a
resolution of Parliament.

Avoidance of transactions designed to defeat claims under paragraphs
5 and 9.

15.(1) Sub-paragraphs (2) and (3) apply where one of the civil partners
(“A”) is granted leave under paragraph 4 to make an application for an order
under paragraph 9.

(2) If the court is satisfied, on application by A, that the other civil
partner (“B”) is, with the intention of defeating a claim by A, about to–

(a) make any disposition; or

(b) transfer out of the jurisdiction, or otherwise deal with, any
property, it may make such order as it thinks fit for restraining B
from doing so or otherwise for protecting the claim.

(3) If the court is satisfied, on application by A–
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(a) that the other civil partner (“B”) has, with the intention of
defeating a claim by A, made a reviewable disposition; and

(b) that, if the disposition were set aside–

(i) financial relief under paragraph 5 or 9, or

(ii) different financial relief under paragraph 5 or 9, would
be granted to A,

it may make an order setting aside the disposition.

(4) If–

(a) an order under paragraph 5 or 9 has been made by the court at
the instance of one of the civil partners (“A”), and

(b) the court is satisfied, on application by A, that the other civil
partner (“B”) has, with the intention of defeating a claim by A,
made a reviewable disposition,

the court may make an order setting aside the disposition.

(5) Where the court has jurisdiction to entertain an application for an
order under paragraph 9 only under paragraph 7(4), it shall not make any
order under sub-paragraph (2), (3) or (4) in respect of any property other
than the dwelling-house concerned.

(6) Where the court makes an order under sub-paragraph (3) or (4)
setting aside a disposition, it shall give such consequential directions as it
thinks fit for giving effect to the order (including directions requiring the
making of any payments or the disposal of any property).

(7) For the purposes of sub-paragraphs (3) and (4), but subject to
sub-paragraph (8), any disposition made by B is a “reviewable disposition”
(whether made before or after the commencement of A’s application under
that sub-paragraph).

(8) A disposition made by B is not a reviewable disposition for those
purposes if made for valuable consideration (other than formation of a civil
partnership) to a person who, at the time of the disposition, acted in relation
to it in good faith and without notice of any intention on the part of B to
defeat A’s claim.

(9) A reference in this paragraph to defeating a claim by one of the civil
partners is a reference to–

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(a) preventing financial relief being granted, or reducing the amount
of financial relief which might be granted, under paragraph 5 or
9 at the instance of that civil partner, or

(b) frustrating or impeding the enforcement of any order which
might be, or has been, made under paragraph 5 or 9 at the
instance of that civil partner.

Presumptions for the purposes of paragraph 15.

16.(1) Sub-paragraph (3) applies where–

(a) an application is made under paragraph 15(2) or (3) by one of
the civil partners which respect to–

(i) a disposition which took place less than 3 years before
the date of the application, or

(ii) a disposition or other dealing with property which is
about to take place, and

(b) the court is satisfied that the disposition or other dealing would
(apart from paragraph 15 and this paragraph of this Schedule)
have the consequence of defeating a claim by the applicant.

(2) Sub-paragraph (3) also applies where–

(a) an application is made under paragraph 15(4) by one of the civil
partners with respect to a disposition which took place less than
3 years before the date of the application, and

(b) the court is satisfied that the disposition has had the
consequence of defeating a claim by the applicant.

(3) It shall be presumed, unless the contrary is shown, that the person
who–

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.

(4) A reference in this paragraph to defeating a claim by one of the civil
partners has the meaning given by paragraph 15(9).

PART 2
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STEPS TO PREVENT AVOIDANCE PRIOR TO APPLICATION
FOR LEAVE UNDER PARAGRAPH 4

Prevention of transactions intended to defeat prospective claims under
paragraphs 5 and 9.

17.(1) If it appears to the court, on application by one of the persons (“A”)
who formed a civil partnership–

(a) that the civil partnership has been dissolved or annulled, or that
the civil partners have been legally separated, by means of
judicial or other proceedings in an overseas country,

(b) that A intends to apply for leave to make an application for an
order under paragraph 9 as soon as he or she has been habitually
resident in Gibraltar for the period of one year, and

(c) that the other civil partner (“B”) is, with the intention of
defeating A’s claim, about to–

(i) make any disposition, or

(ii) transfer out of the jurisdiction, or otherwise deal with,
any property,

the court may make such order as it thinks fit for
restraining B from taking such action as is mentioned in
paragraph (c).

(2) Sub-paragraph (1) applies even if the date of the dissolution,
annulment or legal separation is earlier than the date on which that
sub-paragraph comes into force.

(3) Sub-paragraph (4) applies where–

(a) an application is made under sub-paragraph (1) with respect to–

(i) a disposition which took place less than 3 years before
the date of the application, or

(ii) a disposition or other dealing with property which is
about to take place, and

(b) the court is satisfied that the disposition or other dealing would
(apart from this paragraph of this Schedule) have the
consequence of defeating a claim by the applicant.

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(4) It shall be presumed, unless the contrary is shown, that the person
who–

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the
intention of defeating the applicant’s claim.

(5) A reference in this paragraph to defeating a person’s claim is a
reference to preventing financial relief being granted, or reducing the
amount of financial relief which might be granted, under paragraph 5 or 9 at
the instance of that person.

PART 3
SUPPLEMENTARY

Paragraphs 15 to 17: meaning of “disposition” and saving.

18.(1) In paragraphs 15 to 17 “disposition” does not include any provision
contained in a will or codicil but, with that exception, includes any
conveyance, assurance or gift of property of any description, whether made
by an instrument or otherwise.

(2) The provisions of paragraphs 15 to 17 are without prejudice to any
power of the Supreme Court to grant injunctions under section 12 of the
Supreme Court Act.

Interpretation of Schedule.

19. In this Schedule–

“the court” means the Supreme Court or, where a magistrates court has
jurisdiction by virtue of sections 79 or 80 of the Civil Partnership
Act 2014, the magistrates court.

“dwelling-house” includes−

(a) any building, or part of a building, which is occupied as a
dwelling, and

(b) any yard, garden, garage or outhouse belonging to, and occupied
with, the dwelling-house;

“overseas country” has the meaning given by paragraph 1(3).


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SCHEDULE 6

Section 64

FINANCIAL AND OTHER RELIEF IN THE SUPREME COURT

Amendments to the Maintenance Act.

1. In the Long Title−

(a) after “matrimonial” insert “and civil partnership”, and

(b) after “spouses” insert “civil partners”.

2. In section 2 (Interpretation)−

(a) after “marriage” in the definition of “child” (in each place),
insert “or a civil partnership”;

(b) after “marriage” in the definition of “child of the family” insert
“or a civil partnership”;

(c) after “wife” in definition for “Cohabitees” insert “or two
persons living together as civil partners”; and

(d) for “matrimonial order” substitute “matrimonial or civil
partnership order”.

3. In section 2A (Application of agreement under Part VIA of the
Matrimonial Causes Act)−

(a) after “Matrimonial Causes Act” (in each place) insert “or
Chapter 3 of the Civil Partnership”, and

(b) for “that Part” substitute “the said Acts”.

4. In the heading “Part IA Matrimonial Orders”, after “Matrimonial” insert
“or Civil Partnership”.

5. In section 3 (Grounds of application for a matrimonial order)−

(a) after “matrimonial” (in each place including the title) insert “or
civil partnership”; and

(b) after “marriage” (in each place) insert “or civil partnerships (as
applicable)”.

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6. In section 4 (Powers of court to make matrimonial orders)−

(a) insert “or civil partnership” after “matrimonial” in title; and

(b) in subsection (1)(e), after “Act” insert “or Separation Order
under the Civil Partnership Act 2014”.

7. In section 5 (Matters to which the court is to have regard in exercising its
powers under section 4)−

(a) in subsection (2), after “marriage” (in each place) insert “or
civil partnership”;

(b) in subsection (3)(e), after “marriage” insert “or civil
partnership”;

(c) in subsection (3)(f), after “marriage” insert “or civil
partnership”.

8. In section 6 (Duration of orders for financial provision for a party to a
marriage)−

(a) after “marriage” (in each place including the title) insert “or
civil partnership”; and

(b) after “remarriage” (in each place) insert “or subsequent civil
partnership”.

9. In section 8 (Orders for payments which have been agreed by the
parties), after “marriage” (in each place) insert “or civil partnership”.

10. In section 9 (Powers of court when parties are living apart by
agreement), after “marriage” (in each place) insert “or civil partnership”.

11. In section 10 (Restrictions on making of orders under this Act: welfare
of children) after “marriage” insert “or civil partnership”.

12. In section 11 (Interim Orders), in subsection (3), after “marriage” insert
“or civil partnership”.

13. In section 12 (Variation and revocation of orders for periodical
payments) after “marriage” (in each place) insert “or civil partnership”.

14. In section 15 (Effect on certain orders of parties living together), after
“marriage” (in each place) insert “or civil partnership”.

15 In section 16 (Reconciliation), after “marriage” (in each place) insert “or
civil partnership”.
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16. In section 16C (Orders for repayment in certain cases of sums paid after
cessation of order by reason of remarriage)−

(a) after “remarriage” (in each place) insert “or subsequent civil
partnership”, and

(b) in subsection (5), after “remarried” insert “or entered into a
subsequent civil partnership”.

17. In section 30 (Interpretation of Part III), after the definition of “spouse”
add the following definition for civil partners-

““Civil Partners” means two people of in a relationship–

(a) which is formed when they register as civil partners of
each other in Gibraltar; and

(b) which they are treated under Chapter 1 of Part 3 of the
Civil Partnership Act 2014 as having formed (at the time
determined by the Register) by virtue of having
registered an overseas relationship;”,

18. In section 31 (Duty of person to maintain dependants), in subsection
(1)(a), after “(a) his spouse” insert “ or civil partner”.

19. In section 40 (No maintenance order in certain cases), in subsection (a),
after “matrimonial” insert “or civil partnership”.

20. In section 48 (Interpretation of Part IV), in subsection (1), after “(iv) the
Matrimonial Causes Act” insert “(v) the Civil Partnership Act 2014”.

21. In section 62 (Application of Part V)−

(a) after “Matrimonial Causes Act” insert “or Chapter 3 of the
Civil Partnership Act”; and

(b) after marriage (in each place) insert “or civil partnership”.

22. In section 63 (Interpretation of Part V)−

(a) after “a marriage” (definition of “financial arrangements”) (in
each place) insert “or civil partnership”;

(b) after “child of the marriage” (definition of “Child of the
marriage”) insert “or civil partnership”; and

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(c) after “any child adopted by both parties to the marriage” insert
“or civil partnership”.

23. In section 65 (Alteration of maintenance agreements), in subsection (1),
after “marriage” (in each place), insert “or civil partnership”.

24. In section 69 (Powers of a court to make orders for protection of a
cohabite or of a party to a marriage or a child of the family)−

(a) after “marriage” (in each place) insert “or civil partnership”;
and

(b) after “matrimonial home” (in each place) insert “or home in
which the civil partnership live”.

25. In section 70 (Supplementary provisions with respect to orders under
section 69)−

(a) in subsection (1), after “marriage” insert “or civil partnership”,
and

(b) in subsection (4), after “matrimonial home” (in each place)
insert “or home in which the civil partnership live”.


26. In section 71 (Powers of arrest for breach of section 69 order)−

(a) after “matrimonial home” (in each place) insert “or home in
which the civil partnership live”; and

(b) in subsection (5), after “marriage” (in each place) insert “or
civil partnership”.



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SCHEDULE 7

Section 88

CHILDREN

1.(1) The Children Act 2009 (“the 2009 Act”) is amended in accordance
with the following paragraphs.

(2) In section 2 (Interpretation), for the definition of “child of the family”,
in relation to the parties to a marriage, substitute–

“child of the family”, in relation to parties to a marriage, or to two people
who are civil partners of each other, means–

(a) a child of both of them, and

(b) any other child, not being a child who is placed with those
parties as foster carer by the Agency, who has been treated by
both of those parties as a child of their family.”

(3) In the definition of “relative” in section 2 (Interpretation) for “by
affinity” substitute “by marriage or civil partnership”.

(4) In section 14(1) (parental responsibility of step-parents) after “is
married to” insert “, or a civil partner of,”.

(5) In section 16 of the 2009 Act (revocation and disclaimer of
guardianship) after subsection (4) insert–

“(4A) An appointment under section 15(3),(4) or (5) (including one
made in an unrevoked 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 by decree annuls, the
civil partnership; or

(b) the civil partnership is dissolved or annulled and the
dissolution or annulment is entitled to recognition in
Gibraltar by virtue of the Matrimonial Causes Act,

unless a contrary intention appears by the appointment.”.

(6) In section 27(5) of the 2009 Act (power of court to make orders under
section 25) after paragraph (a) insert–
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“(aa) any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child is a child of the
family”.

(7) In section 49(6), after paragraph (b), insert–

“(c) 65 or 74 of the Civil Partnership Act 2014”.

(8) In section 60(2) (Care Agency contribution to child’s maintenance),
after “husband or wife” insert “or civil partner”.

(9) In section 63(2) (Interpretation for Part VII) substitute–

“(2) In this Part, except paragraph sections 49 and 60, “parent”
includes–

(a) any party to a marriage (whether or not subsisting) in
relation to whom the child concerned is a child of the
family; and

(b) any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child concerned is a
child of the family;

and for this purpose any reference to either parent or both
parents shall read as a reference to any parent of his and to all
of his parents”.

2. The Adoption Act is amended in section 5(2) (Who may apply), by
inserting “or two civil partners” after “spouses”.

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SCHEDULE 8

Section 90

HOUSING AND TENANCIES

Amendments to the Housing Act 2007.

The Housing Act 2007 is amended in accordance with the provisions of this
Schedule.

1. In section 7 (Tenants in ownership of residential property)–

(a) in subsection (1), after “spouse” insert “or civil partner”; and

(b) In subsection (1)(a), after “spouse’s” insert “or civil partner’s”.

2. In section 12 (New Tenancy or licence agreement), in subsection (a) and
(b), for “widow or widower,” substitute “widow, widower or surviving civil
partner,”.

3. In section 34 (Definition of “tenant”)–

(a) in subsection (b)(i) and (ii), for “widow or widower,” substitute
“widow, widower or surviving civil partner,”; and

(b) in subsection (b)(iii), after “spouse” insert “or civil partner”.

4. In section 53 (Sub-tenant’s option to take surrendered tenancy), in
section (4)(b), after “wife” insert “or civil partner”.

5. In Schedule 5 (Possession or ejectment without proof or alternative
accommodation), in subsection (h)(ii), after “wife” insert “or civil
partnership”.


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SCHEDULE 9

Section 91

FAMILY HOMES AND DOMESTIC VIOLENCE

Amendments to the Domestic Violence and Matrimonial Proceedings
Act, 1988.

The Domestic Violence and Matrimonial Proceedings is amended in
accordance with the provisions in this Schedule.

1. In section 2 (Interpretation), after “wife” (in definition for “cohabitees”)
insert “or two people living together as civil partners,


2. In section 3 (Matrimonial injunctions)-

(a) insert “or civil partnership” after “matrimonial” in the title;

(b) in subsections (1) and (2), after “marriage” (in each place)
insert “or civil partnership”; and

(c) in subsections (1) and (2), after “home” (in each place) insert
“or home in which the civil partners live”.

3. In section 4 (Arrest for breach of injunction)–

(a) in subsections (1) and (2), after “marriage” (in each place)
insert “or civil partnerships”, and

(b) in subsection (1)(c), after “matrimonial home” insert “or home
in which the civil partners live”.

4. In section 6 (Rights concerning the matrimonial home)–

(a) in subsections (1) and (2), after “marriage” (in each place)
insert “or civil partnerships”; and

(b) in subsections (1) and (2), after “home” (in each place) insert
“or home in which the civil partners live”.

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SCHEDULE 10

Section 93 and 94

MEANING OF OVERSEAS RELATIONSHIPS; SPECIFIED
RELATIONSHIPS

A relationship is specified for the purposes of section 94 (meaning of
“overseas 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
Argentina marriage
Argentina:
Autonomous City of
Buenos Aires
unión civil
Australia: Australian
Capital Territory
civil partnership
Australia: New South
Wales
a relationship registered under the
Relationships Register Act 2010
Australia: Queensland civil partnership
Australia: Tasmania significant relationship
Australia: Victoria registered domestic relationship
Austria eingetragene Partnerschaft
Belgium the relationship referred to as cohabitation
légale, wettelijke samenwoning or
gesetzliches zusammenwohnen
Belgium marriage
Brazil marriage
Brazil união estável
Canada marriage
Canada: Manitoba the relationship referred to as common-law
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relationship or as union de fait
Canada: Nova Scotia domestic partnership
Canada: Quebec the relationship referred to as union civile or
as civil union
Colombia unión de hecho
Czech Republic registrované partnertsví
Denmark marriage
Denmark registreret partnerskab
Ecuador unión civil
England & Wales,
Scotland
Northern Ireland
Finland
marriage, civil partnership
civil partnership
civil partnership
the relationship referred to as rekisteröity
parisuhde or as registrerad partnerskap
France pacte civil de solidarité
Germany lebenspartnerschaft
Greenland the relationship referred to as
nalunaarsukkamik inooqatigiinneq or as
registreret partnerskab
Hungary bejegyzett élettársi kapcsolat
Iceland marriage
Iceland staðfesta samvist
Ireland civil partnership
Isle of Man civil partnership
Jersey civil partnership
Liechtenstein eingetragene Partnerschaft
Luxembourg the relationship referred to as partenariat
enregistré or eingetragene partnerschaft
Mexico: Coahuila pacto civil de solidaridad
Mexico: Mexico City
Federal District
Marriage
Mexico: Mexico City
Federal District
sociedad de convivencia
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Netherlands geregistreerd partnerschap
Netherlands marriage
New Zealand civil union
Norway marriage
Norway registrert partnerskap
Portugal marriage
Slovenia zakon o registraciji istospolne partnerske
skupnosti
South Africa civil partnership
South Africa marriage
Spain marriage
Sweden marriage
Sweden registrerat partnerskap
Switzerland


United Kingdom
the relationship referred to as eingetragene
partnerschaft, as partnenariat enregistré or as
unione domestica registrata
civil partnership
United States of
America: California
domestic partnership
United States of
America: California
marriage
United States of
America: Colorado
the relationship between designated
beneficiaries
United States of
America: Connecticut
civil union
United States of
America: Connecticut
marriage
United States of
America: Delaware
civil union
United States of
America: District of
Columbia
marriage
United States of civil union
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America: Hawaii
United States of
America: Hawaii
reciprocal beneficiary relationship
United States of
America: Illinois
civil union
United States of
America: Iowa
marriage
United States of
America: Maine
domestic partnership
United States of
America:
Massachusetts
marriage
United States of
America: Nevada
domestic partnership
United States of
America: New
Hampshire
marriage
United States of
America: New Jersey
civil union
United States of
America: New Jersey
domestic partnership
United States of
America: New York
marriage
United States of
America: Oregon
domestic partnership
United States of
America: Rhode
Island
civil union
United States of
America: Vermont
civil union
United States of
America: Vermont
marriage
United States of state registered domestic partnership
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America: Washington
United States of
America: Wisconsin
domestic partnership
Uruguay unión concubinaria



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SCHEDULE 11
Section 107

IMMIGRATION CONTROL, GIBRALTARIAN STATUS AND
FORMATION OF CIVIL PARTNERSHIPS

Amendments to the Immigration, Asylum and Refugee Act.

The Immigration, Asylum and Refugee Act is amended in accordance with
the provisions in this Schedule.

1. In section 14 (Exemption for certain non-Gibraltarians), in subsection
(1)(b), after “wife,” insert “civil partner,”.

2. In section 15 (Right of residence of men married to Gibraltarian
women)−

(a) insert “or civil partners” after “women” in title;

(b) after “woman” (in each place other than subsection 15(3)(d))
insert “or has a Gibraltarian civil partner”;

(c) in subsection (3)(b), after “marriage” insert “or civil
partnership”;

(d) in subsection (3)(b), and after “divorce” insert “or dissolution”;
and

(e) in subsection (3)(d), after “woman” insert “or Gibraltarian civil
partner”.

3. In section 18 (Issue of permits of residence), in subsection (3)(a), after
“spouse” insert “or civil partner”.

4. In section 26 (Grants to men married to Gibraltarian women) after
“woman” insert “or any person who is the civil partner of a Gibraltarian
person.”

5. In section 35 (Issue of certificates to grantee’s spouse and children), in
subsection (a), after “spouse” insert “or civil partner”.

6. In section 55A (Interpretation), in the definition of “spouse”, after
“spouse” insert “or civil partner” and after “marriage” insert “or civil
partnership”.

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7.In section 55F (Definition of Family Member) after “spouse” (in each
place) insert “or civil partner”.

8. In section 55G (Definition of Extended Family Member) after “spouse”
(in each place) insert “or civil partner”.

9. In section 55H (Definition of “family member who has retained the right
of residence”)−

(a) after “spouse”(in each place) insert “or civil partner”; and

(b) after “marriage” (in each place) insert “or civil partnership”.

10. In section 55I (Family members of Gibraltarians), in subsection (2)(b)−

(a) after “spouse” insert “or civil partnership”; and

(b) after “marriage” insert “or civil partnership”.

11. In section 55N (Right of Permanent Residence), in subsection
(2)(c)(iii)−

(a) after “spouse” insert “or civil partner”; and

(b) after “marriage” insert “or civil partnership”.

12. In section 55O (Registration Certificates for EEA Nationals), in
subsection (4)(b)(ii), after “spouse” insert “or civil partner”.

Amendments to the Gibraltarian Status Act.

1. In section 5 (Persons entitled to be registered)−

(a) in subsection (1), after “spouse,” (in each place) insert “or civil
partner,”;

(b) after “widower” (in each place other than subsection (1)(g))
insert “or surviving civil partner”;

(c) in subsection (1)(g) after “person” insert “or surviving civil
partner”.

2. In section 7 (Married Gibraltarians)−

(a) after “marries” insert “or enters into a civil partnership”; and

(b) after “married” insert “or entered into a civil partnership with”.

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3. In section 8 (Registration of adopted children)–

(a) in subsection (b)(ii), for “an unmarried person who is
Gibraltarian” substitute “an unmarried person who is not in a
civil partnership; or”; and

(b) in subsection (1)(b), after “(ii) an unmarried person or a person
who is not in a civil partnership; or” insert “(iii) a couple in a
civil partnership, one of whom is a Gibraltarian.”.


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SCHEDULE 12
Section 110

AMENDMENTS TO CERTAIN ACTS RELATING TO SOCIAL
SECURITY AND TAX

PART 1
SOCIAL SECURITY


Amendments to the Social Security (Employment Injuries Insurance)
Act.

The Social Security (Employment Injuries Insurance) Act is amended in
accordance with the provisions in this Schedule.

1. In section 2 (Interpretation), under the heading “child”−

(a) after “wife’s” insert “or civil partner’s”;

(b) after “her illegitimate child” insert “or the child of her civil
partner”; and

(c) after “wife” insert “or civil partner”.

2. In section 3 (Insurable employment), in subsection (2)(iv), after “wife”
insert “or civil partner”.

3. In section 18 (Increase of injury benefit and disablement pension in
respect of dependent children)−

(a) in subsection (1)(a), after “wife” insert “or civil partner”; and

(b) in subsection (1)(b), after “husband” insert “or civil partner”.

4. In section 19 (Widows, widowers and children)−

(a) insert “, surviving civil partners” after “widowers” in the title;

(b) in subsection (1), after “widow” insert “or surviving civil
partner,”;

(c) in subsection (2)(a), after “remarries” insert “or enters into a
civil partnership or a civil partnership subsequent to his or her
marriage”;

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(d) in subsection (2)(a), after “marriage” insert “or civil
partnership”;

(e) in subsection (2)(b), after “widow” insert “or surviving civil
partner”; and

(f) in subsection (3), for “widow or widower” (in each place)
substitute “widow, widower or surviving civil partner”.

5. In section 20 (Orphans), in subsection (b), for “widow or widower”
substitute “widow, widower or civil partner”.

6. In section 21 (Parents), in subsection 2, after “marries” insert “or enters
into a civil partnership”.

7. In section 22 (Dependants), in subsection (1), after “widower,” insert
“civil partner”.

8. In section 27 (Disqualifications), in subsection (3)−

(a) after “remarriage” insert “or civil partnership”;

(b) after “marriage” insert “or civil partnership”; and

(c) after “wife” insert “or with a woman as her civil partner
respectively.”

Amendments to the Social Security (Insurance) Act.

1. In section 2 (Interpretation)-

(a) in subsection (3)(a), after “wife” insert “or civil partners”;

(b) in subsection (4)(c), after “spouses” (in each place) insert “or
civil partners”;

(c) in subsection (4)(c), after “after their marriage” insert “or civil
partnership, as the case may be;”
(d) in subsection (4)(c), after “issue of their marriage” insert “or
civil partnership”.

2. In section 11 (Maternity benefits), in subsection (1)(B),

(a) after “husband” insert “or civil partner”; and

(b) after “husband’s” insert “or civil partner’s”.

3. In section 18 (Death grant), in subsection (1)(b)−
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(a) after “wife,” insert “civil partner,”; and

(b) after “widow” insert “surviving civil partner”.

4. In section 23 (Disqualification or suspension for absence aboard or
imprisonment), after “husband” insert “or civil partner”.

5. In section 27 (Proceedings by employees for benefit lost by employer’s
default)−

(a) in subsection (2), after “wife” insert “civil partner”;

(b) in subsection (2), after “widow” insert or “or surviving civil
partner”;

(c) in subsection (4), after “wife” insert “or civil partner”; and

(d) in subsection (4), after “widow” insert “or surviving civil
partner”.

6. In section 28 (Provisions as to maintenance and incapacity for self-
support), in subsection (2) after “wife” insert “civil partner”.

7. In section 38 (Interim payments, arrears and repayments), in subsection
(2)(d), after “husband” insert “or civil partner”.

8. In section 41 (Information as to, and proof of, age, marriage and death)−

(a) insert “, civil partnership” after “marriage” in title;

(b) in subsection (1) for “and the Marriage Act” substitute “,the
Marriage Act and the Civil Partnership Act 2014”;

(c) in subsection (2), after “marriage” insert “, civil partnership”;

(d) in subsection (2)(a), after “marriages” insert “, civil
partnerships”;

(e) in subsection (2)(a), after “marriage” insert “, civil
partnership”; and

(f) in subsection (4) for “or the Marriage Registrar, appointed
under the Marriage Act” substitute “the Marriage Registrar,
appointed under the Marriage Act or the Civil Partnership
Registrar appointed under the Civil Partnership Act”.

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9. In section 44 (General provisions as to prosecutions under Act), in
subsection 5−

(a) for “or husband” substitute (in each place) for “, husband or
civil partner”, and

(b) after “marriage” insert “or civil partnership”.

10. In section 49 (Reciprocal agreements with United Kingdom, dominions,
and foreign countries), in subsection (1) after “widowhood,” insert
“surviving civil partners,”.

11. In section 2(Schedule 3. Part 1 Contribution Conditions. Maternity
Grant.), in 2(b)−

(a) after “pensionable age” insert “or the civil partner, and she was
dead or over pensionable age,”; and

(b) after “his” insert “or her”.

Amendments to the Social Security (Non-Contributory Benefits and
Unemployment Insurance) Act.

1. In section 2 (Interpretation)–

(a) in subsection (2)(a), after “wife” insert “or civil partners”;

(b) in subsection (4)(c), after “spouses” (in each place) insert “or
civil partners”;

(c) in subsection (4)(c), after “after their marriage” insert “or civil
partnership, as the case may be;”

(d) in subsection (4)(c), after “issue of their marriage” insert “or
civil partnership”.

2. In section 3 (Application of Act), in subsection (1), for “wives or
widows” substitute “wives, widows, civil partners or surviving civil
partners”

3. In section 11 (Increase of benefit for adult dependents)−

(a) after “wife” (in each place) insert “or civil partner”;

(b) in subsection (2)(a), after “husband” insert “or civil partner”;
and

(c) in subsection (3), after “marriage” insert “,civil partnership”.
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4. In section 13 (Application of Social Security (insurance) Act), after
“marriage” insert “,civil partnership”.

5. In Schedule 3 (Unemployment benefit Part I), after “wife” (in each
place) insert “or civil partner”.

6. In Schedule 3 (Unemployment benefit Part IA), after “wife” (in each
place) insert “or civil partner”.

Amendment to the Social Security non-contributory benefits and
unemployment insurance) Act.

1. In section 4 (Provisions as to maintenance), in subsection (4)(b), after
“wife” insert “ or civil partners”.

Amendment to the Social Security (Closed Long-Term Benefits and
Scheme) Act 1996.

1. In section 2 (Interpretation)−

(a) in subsection (3)(a), after “wife” insert “, or civil partners”;

(b) in subsection (4)(c), after “spouses” (in each place) insert “or
civil partners”;

(c) in subsection (4)(c), after “after their marriage” insert “or civil
partnership, as the case may be,”; and

(d) in subsection (4)(c), after “issue of their marriage” insert “or
civil partnership”;

(e) in subsection (6), after “wife” insert “or civil partners”.

2. In section 8 (Survivor’s benefit)−

(a) after “spouse” (in each case) insert “or civil partner”;

(b) after “spouse’s” (in each case) insert “or civil partner’s”;

(c) in subsection (1)(c), after “other” insert “or in a civil
partnership”;

(d) in subsection (3), after “remarriage” insert “or enters into a
further civil partnership or a civil partnership subsequent to his
or her marriage”; and

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(e) in subsection (4), after “married” insert “or in a civil
partnership”.

3. In section 9 (Survivor’s pension in special cases)−

(a) after “spouse” (in each place) insert “or civil partner”;

(b) after “marriage” (in each place except for subsection (2)) insert
“or civil partnership”;

(c) in subsection (4), after “spouse’s” insert “or civil partner’s”;

(d) and in subsection (5), after “married” insert “or in a civil
partnership”.

4. In section 11 (Guardian’s Allowance)–


(a) in subsection (2)(ii), after “marriage” insert “or civil
partnership”;

(b) in subsection (2)(ii), after “divorce” insert “or dissolution,”;

(c) in subsection (3), after “his wife” insert “or of two civil
partners”; and

(d) in subsection (3), after “the wife” insert “or one of the civil
partners”.

5. In section 12A (Old age pensions for persons whose marriages have been
dissolved)−

(a) insert “or civil partnerships” after “marriages” in title;

(b) after “marriage” (in each place) insert “or civil partnership”;

(c) after “spouse” (in each place) insert “or civil partner”;

(d) in subsection (2)(a) and subsection (9), after “married” insert
“or in a civil partnership”;

(e) after “spouse’s” (in each place) insert “or civil partner’s”;

(f) in subsection (10) after “decree” insert “or order”;

(g) in subsection (10), after “divorce” insert “or dissolution”; and

(h) in subsection (10), after “absolute” insert “or final”.
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6. In section 13 (Special provisions as to men)−

(a) after “wife” (in each place except for subsection (1)(c)(iii))
insert “or civil partner”;

(b) in subsection (1)(a), after “married” insert “or in a civil
partnership”;

(c) in subsection (1) (c), after “married” insert “or entered into a
civil partnership”;

(d) in subsection (1)(c)(i) and (ii), after “she” (in each place) insert
“or he”;

(e) in subsection (1)(c)(iii), for “the wife” substitute “or has
entered into a civil partnership”;

(f) after “wife’s” (in each place) insert “or civil partner’s”,

(g) in subsection (4), after “remarries” insert “or enters into a
further civil partnership or a civil partnership subsequent to his
marriage”;

(h) in subsection (6), after “widower” insert “or surviving civil
partner”; and

(i) in subsection (6), after “her” insert “or him”.

7. In section 14 (Special provisions as to women)−

(a) after “husband” (in each place except for subsection
(14)(c)(iii)) insert “or civil partner”;

(b) in subsection (1)(a), after “married” insert “or in a civil
partnership”;

(c) in subsection 1(c) (i) and (ii) after “he” (in each place) insert
“or she”;

(d) in subsection (1)(c), after “married” insert “or entered into a
civil partnership”;

(e) in subsection (1)(c)(iii), for “the husband” substitute “or
entered into a civil partnership”,

(f) after “husband’s” (in each place) insert “or civil partner’s”;

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(g) in subsection (4) and (6), after “widow” insert “or surviving
civil partner”;

(h) in subsection (4), after “remarries” insert “or enters into a
further civil partnership or a civil partnership subsequent to her
marriage”;

(i) in subsection (6)(a), after “marriage” insert “or civil
partnership”; and

(j) in subsection (6), after “him” insert “or her,”.

8. In section 15 (Increase of benefit for children)−

(a) in subsection (4)(a), after “wife” insert “or civil partners”; and

(b) in subsection (6), after “wife” insert “or civil partners”.

9. In section 16 (Increase of old age pension)−

(a) in subsection (a), after “wife” insert “or civil partner”; and

(b) in subsection (b), after “husband” insert “or civil partner”.

10. In section 18 (Claims and notices), in subsection (4), after “spouse” (in
each place) insert “or civil partner”.

11. In section 19 (Disqualification for imprisonment), in subsection (1), for
“wife or husband,” substitute “wife, husband or civil partner,”

12. In section 20 (Overlapping benefits), in subsection (1)(a), for “wife or
husband,” substitute “wife, husband or civil partner,”.

13. In section 23 (Provisions as to maintenance and incapacity for self-
support), in subsection (2), after “wife” insert “or civil partner”.

14. In section 32 (Interim payments, arrears, and repayments), in subsection
(2)(d), after “husband” insert “or civil partner,”.

15. In section 35 (General provisions as to prosecutions)−

(a) in subsection (5), for “wife, or husband” substitute “wife,
husband or civil partner”;

(b) in subsection (6), for “wife, or husband” substitute “wife,
husband or civil partner”; and

(c) in subsection (6), after “marriage” insert “or civil partnership”.
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16. In section 37 (Reciprocal agreements with United Kingdom, dominions
and foreign countries), in subsection (1), after “widowhood” insert
“surviving civil partners,”.

17. In Schedule 1, Part I (Standard rates of benefits and of increases for
dependants)−

(a) in the heading “Increase for wife or adult dependant where
payable”, after “wife” insert “, civil partner”;

(b) in subsection (3)(a), (Old age pensions), after “husband’s”
insert “or civil partner’s”; and

(c) in subsection (3)(a), (Old age pensions), after “wife’s” insert
“or civil partner’s”.

18. In Schedule 1, Part II (Lower rates of benefits and of increases for
dependents)−

(a) in the heading “Increase for wife or adult dependant where
payable” after “wife” insert “or civil partner”;

(b) in subsection (3)(a) (Old age pensions), after “husband’s”
insert “or civil partner’s”; and

(c) in subsection (3)(a) (Old age pensions), after “wife’s” insert
“or civil partner’s”.

19. In Schedule 2, Part I (Contribution Conditions)−

(a) in subsection (a) for “husband or wife” substitute “husband,
wife or civil partner”,

(b) in subsection (b) for “husband or wife” substitute “husband,
wife or civil partner”, and

(c) in subsection (c) for “husband or wife” substitute “husband,
wife or civil partner”.

Amendment to the Social Security (Open Long-Term benefits Scheme)
Act 1997.

1. In section 2 (Interpretation)−

(a) in subsection (3)(a), after “wife” insert “, or civil partners”;

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(b) in subsection (4)(c), after “spouses” (in each place) insert “or
civil partners”;

(c) in subsection (4)(c), “after their marriage” insert “or civil
partnership, as the case may be;”

(d) in subsection (4)(c), after “issue of their marriage” insert “or
civil partnership”; and

(e) in subsection (6), after “wife” insert “, or civil partners”.

2. In section 14 (Survivor’s benefit)−

(a) after “spouse” (in each place) insert “or civil partner”;

(b) after “spouse’s” (in each place) insert “or civil partner’s”;

(c) in subsection (1)(c), after “other” insert “or in a civil
partnership”;

(d) in subsection (3), after “remarriage” insert “or enters into a
further civil partnership or a civil partnership subsequent to his
or her marriage”; and

(e) in subsection (4), after “married” insert “or in a civil
partnership”.

3. In section 15 (Survivor’s pensions in special cases)−

(a) after “spouse” (in each place) insert “or civil partner”;

(b) after “marriage” (in each place except for subsection (2)) insert
“or civil partnership”;

(c) in subsection (4), after spouse’s” insert “or civil partner’s”; and

(d) in subsection (5), after “married” insert “or in a civil
partnership”.

4. In section 17 (Guardian’s Allowance),–

(a) in subsection (2)(b), after “marriage” insert “or civil
partnership”;

(b) in subsection (2)(b), after “divorce” insert “or dissolution,”;

(c) in subsection (3), after “his wife” insert “or of two civil
partners”; and
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(d) in subsection (3), after “the wife” insert “or one of the civil
partners”.

5. In section 18A (Old age pensions for persons whose marriages have been
dissolved)−

(a) insert “or civil partnerships” after “marriages” in title;

(b) after “marriage” (in each place) insert “or civil partnership”;

(c) after “spouse” (in each place) insert “or civil partner”;

(d) after “married” (in each place) insert “or in a civil partnership”;

(e) after “spouse’s” (in each place) insert “or civil partner’s”;

(f) in subsection (10) after “decree” insert “or order”;

(g) in subsection (10), after “divorce” insert “or dissolution”; and

(h) in subsection (10), after “absolute” insert “or final”.

6. In section 19 (Special provisions as to men)−

(a) after “wife” (in each place except for subsection (1)(c)(iii))
insert “or civil partner”;

(b) in subsection (1)(a), after “married” insert “or in a civil
partnership”;

(c) in subsection (1) (c), after “married” insert “or entered into a
civil partnership”;

(d) in subsection (1)(c)(i) and (ii), after “she” (in each place) insert
“or he”;

(e) in subsection (1)(c)(iii), for “the wife” substitute “or has
entered into a civil partnership”;

(f) after “wife’s” (in each place) insert “or civil partner’s”;

(g) in subsection (4), after “remarries” insert “or enters into a
further civil partnership or a civil partnership subsequent to his
marriage”;

(h) in subsection (6), after “widower” insert “or surviving civil
partner”; and
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(i) in subsection (6), after “her” insert “or him”;

7. In section 20 (Special provisions as to women)−

(a) after “husband” (in each place except for subsection
(14)(c)(iii)) insert “or civil partner”;

(b) in subsection (1)(a), after “married” insert “or in a civil
partnership”;

(a) in subsection 1(c) (i) and (ii) after “he” (in each place) insert “or she”;

(d) in subsection (1)(c), after “married” insert “or entered into a
civil partnership”;

(e) in subsection (1)(c)(iii), for “the husband” substitute “or
entered into a civil partnership”;

(f) after “husband’s” (in each place) insert “or civil partner’s”;

(g) in subsection (4) and (6), after “widow” insert “or surviving
civil partner”;

(h) in subsection (4), after “remarries” insert “or enters into a
further civil partnership or a civil partnership subsequent to her
marriage”;

(i) in subsection (6)(a), after “marriage” insert “or civil
partnership”; and

(j) in subsection (6), after “him” insert “or her”.

8. In section 21 (Increase of benefit for children)−

(a) in subsection (5)(a), after “wife” insert “or civil partners”; and

(b) in subsection (6), after “wife” insert “or civil partners”.

9. In section 22 (Increase of old age pension)−

(a) in subsection (a), after “wife” insert “or civil partner”; and

(b) in subsection (b), after “husband” insert “or civil partner”.

10. In section 24 (Claims and notices), in subsection (3), after “spouse” (in
each place) insert “or civil partner”.
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11. In section 25 (Disqualification for imprisonment), in subsection (1), for
“wife or husband” substitute “wife, husband or civil partner”.

12. In section 26 (Overlapping benefits), in subsection (1)(a), for “wife or
husband” substitute “wife, husband or civil partner”.

13. In section 29 (Provisions as to maintenance and incapacity for self-
support), in subsection (2), after “wife” insert “or civil partner”.

14. In section 35 (Interim payments, arrears and repayments), in subsection
(2)(d), after “ husband” insert “or civil partner”.

15. In section 40 (General provisions as to prosecutions)−

(a) in subsection (5), for “wife or husband” substitute wife,
husband or civil partner”;

(b) in subsection (6), for “wife or husband” insert substitute “wife,
husband or civil partner”; and

(c) in subsection (6) after “marriage” insert “or civil partnership”.

16. In section 45 (Reciprocal agreements with United Kingdom, dominions
and foreign countries), in subsection (1), after “widowhood,” insert
“surviving civil partners”.

17. In Schedule 2 -Part I (Standard rates of benefits and increases for
dependants)−

(a) in the heading “Increase for wife or adult dependant where
payable”, after “wife” insert “, civil partner”;

(b) in subsection (3)(a), (Old age pensions), after “husband’s”
insert “or civil partner’s”; and

(c) in subsection (3)(a), (Old age pensions), after “wife’s” insert
“or civil partner’s”.

18. In Schedule 2- Part II (Lower rates of benefits and increases for
dependants)−

(a) in the heading “Increase for wife or adult dependant where
payable”, after “wife” insert “, civil partner”;

(b) in subsection (3)(a), (Old age pensions), after “husband’s”
insert “or civil partner’s”; and

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(c) in subsection (3)(a), (Old age pensions), after “wife’s” insert
“or civil partner’s”.

19. In Schedule 2- Part III (Additional contributions rates of benefits and of
increases for dependants)−

(a) in the heading “Increase for wife or adult dependant where
payable”, after “wife” insert “, civil partner”;

(b) in subsection (3)(a), (Old age pensions), after “husband’s”
insert “or civil partner’s”; and

(c) in subsection (3)(a), (Old age pensions), after “wife’s” insert
“or civil partner’s”.

20. In Schedule 3- (Contribution Conditions-Survivor’s benefit)−

(a) in subsection (1)(1)(a), for “husband, or wife” substitute
“husband, wife or civil partner”; and

(b) in subsection (1)(2), for “husband, or wife” substitute
“husband, wife or civil partner”.

Amendment to the Unemployment Benefit Regulations.

1. In regulation 7 (Increase of benefit for dependent relative), for “husband
or wife” substitute “husband, wife or civil partner”.

2. In regulation 8(1) (Increase of benefit for female person having care of a
child, in subsection (1)(a), after “him” insert “or her”.

Amendment to the Employment Injuries (Claims) Regulations.

1. In regulation 8 (Information to be given when making a claim), in
subsection (3)(c) after “husband” insert “or civil partner”.


Amendment to the Social Insurance (Benefits) Regulations.

1. In regulation 2 (Interpretation), in subsection (2), after “wife” insert “or
civil partner”.

2. In regulation 4 (Provisions as to maintenance), in subsection (1)(b), after
“wife” insert “or civil partner”.

3. In section 9 (Maternity grant in expectation of confinement), in
subsection (b)–

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(a) after “husband” insert “or civil partner”; and

(b) after “he” insert “or she” .

4. In section 39 (Priority of two or more claimants satisfying the conditions
for death grant)−

(a) in subregulation (1)(a), after “being married” insert “or in a
civil partnership”;

(b) in subregulation (1)(a), for “or widower of” substitute “,
widower or surviving civil partner”; and

(c) in subregulation (1)(c), for “or wife of” substitute “, wife or
civil partner”

Amendment to the Social Security (Open Long-Term Benefits (Claims
and Payments) Regulations 1997.

1. In regulation 4 (Information to be given when making a claim)−

(a) in subregulation (3), after “spouse” (in each place) insert “or
civil partner”,;and

(b) in subregulation (3)(c), after “marriage” insert “or civil
partnership schedule”.

2. In regulation 6 (Interchange with claims for other benefits)−

(a) In subregulation (1), after “husband’s” insert “or civil partner”;
and

(b) In subregulation (2), for “wife or husband of” (in each place)
substitute “wife, husband or civil partner”.

3. In regulation 7 (Time for claiming), in subsection (1)−

(a) for “widow or widower by” substitute “widow, widower or
surviving civil partner by”; and

(b) after “spouse” insert “or civil partner”.

4. In regulation 8 (Increases of benefits to be treated as separate benefits),
for “husband or wife” substitute “husband, wife or civil partner”.

5. In the Schedule (Benefits under the social security (Employment Injuries
Insurance) Act and the Social Security (Open Long-Term Benefits Scheme)
Act 1997, for which claims may be treated as interchangeable)−
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(a) after “widow” insert “or surviving civil partner”; and

(b) after “husband” insert “or civil partner”.


Amendment to the Social Security (Open Long-Term Benefits)
Regulations 1997.

1. In regulation 3 (Computation of earnings or remuneration), after “wife”
(in each place) insert “or civil partner”.

2. In regulation 4 (Provisions as to maintenance)−

(a) in subregulation (1)(b), after “wife” insert “or civil partner”;

(b) in subregulation (3), after “spouse” insert “or civil partner”;
and

(c) in subregulation (3)(b), after “spouse’s” insert “or civil
partner’s”.

3. In regulation 6 (Imprisonment. etc.), in subsection (5), for “husband or
wife” substitute “husband, wife or civil partner”.

4. In regulation 8 (Surviving spouses incapable of self support)−

(a) insert “or surviving civil partners” after “spouses” in title; and

(b) after “spouse” (in each place) insert “or surviving civil
partner”.

5. In regulation 14 (Adopted children)–

(a) in subregulation (a), after “not married” insert “or in a civil
partnership”;

(b) in subregulation (a), after “if that person married” insert “or
entered into a civil partnership”;

(c) after “spouse” (in each place), insert “or civil partner”;

(d) in subregulation (a), after “whom that person married” insert
“or entered into a subsequent civil partnership”;

(e) after “spouses” (in each place) insert “or civil partners”;

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(f) in subregulation (b), after “ if either of them remarried” insert
“or entered into a further civil partnership or a civil partnership
subsequent to his or her marriage”;

(g) in subregulation (b), after “such spouses remarried” insert “or
entered into a subsequent civil partnership with”;

(h) in subregulation (c), after “if that spouse remarried” insert “or
entered into a further civil partnership or a civil partnership
subsequent to his or her marriage”; and

(i) in subregulation (c), after “to whom that spouse was
remarried” insert “or in a subsequent civil partnership with”.


6. In regulation 16 (Children of divorced persons)–

(a) insert “or parents whose civil partnership has been dissolved”
in the title after “persons”;

(b) in subregulation (1), after “marriage” insert “or civil
partnership”;

(c) in subregulation (1)(b), after “re-married” insert “or entered
into a further civil partnership or a civil partnership subsequent
to his or her marriage”; and

(d) in subregulation (1)(b), after “re-married” insert “or entered
into a subsequent civil partnership with”.

7. In regulation 20 (Women who marry after attaining pensionable age)−

(a) insert “or enter into a civil partnership” after “marry” in title;

(b) in subregulation (1), after “married” insert or “entered in a civil
partnership”;

(c) in subregulation (1)(a)(ii) and (2), after “married” insert “or in
a civil partnership”;

(d) after “husband” (in each place) insert “or civil partner”;

(e) in subregulation (1)(a)(ii), after “husband’s” insert “or civil
partner’s”;

(f) after “marriage” (in each place except for subsection (1)(d))
insert “or civil partnership”; and

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(g) in subregulation (1)(d), for “marriage or re-marriage”
substitute “marriage, re-marriage or civil partnership”.

8. In regulation 22 (Priority between a man and his wife to increase of old
age pension for child)−

(a) insert “or civil partners” in the title after “wife”;

(b) after “wife” (in each place except for subsection (a)), insert “or
civil partner”;

(c) for “his or her” substitute “of their”; and


(d) in subsection (a), after “additional increase”, insert “, or in the
case of civil partners, so long as the civil partners are living
together, only one of the civil partners shall be entitled to the
increase, or as the case may be to the additional increase”

9. In regulation 27 (Partial satisfaction of contribution conditions (V))−

(a) in subregulation (2)(c), after “husband’s” insert “or civil
partner’s”; and

(b) in subregulation (2)(c), after “husband” (in each place) insert
“or civil partner”.

Amendment to the Social Security (Closed Long-Term Benefits)
(Overlapping Benefits) Regulations 1996.

1. In regulation 7 (Gratuities)−

(a) after “widow” insert “or surviving civil partner”;

(b) after “she” (in each place) insert “or he”; and

(c) after “remarries” insert “or enters into a further civil
partnership.”.

2. In the Schedule (Personal benefits which are not required to be adjusted),
at subregulation (1) (b) (Other personal benefits 2)−

(a) after “woman” insert “or civil partner”;

(b) after “widow” insert “or surviving civil partner”.

3. After regulation 12 insert the following regulation−

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“Guardian Allowance for a surviving civil partner who is made
guardian of the deceased civil partner’s child/children.

13. If the parent of a child who is a party to a civil partnership dies
and the surviving civil partner is determined to be the child’s
Guardian, the surviving Guardian cannot claim Guardian
Allowance provided he or she can claim Widows, Widower’s,
surviving Civil Partners and children benefit under section 19
of the Social Security (Employment Injuries Insurance) Act.”.

Amendment to the Social Security (Open Long-Term Benefits)
(Overlapping Benefits) Regulations 1997.

1. In regulation 7 (Gratuities)−

(a) after “widow” insert “or surviving civil partner”;

(b) after “she” (in each place) insert “or he”; and

(c) after “remarries” insert “or enters into a further civil
partnership.”.

2. In the Schedule (Personal benefits which are not required to be adjusted),
at subsection (1) (b) (Other personal benefits 2)−

(a) after “woman” insert “or civil partner”;

(b) after “widow” insert “or surviving civil partner”.

3. After regulation 12 insert the following regulation−

“Guardian Allowance for a surviving civil partner who is made
guardian of the deceased civil partner’s child/children.

13. If the parent of a child who is a party to a civil partnership dies
and the surviving civil partner is determined to be the child’s
Guardian, the surviving Guardian cannot claim Guardian
Allowance provided he or she can claim Widows, Widower’s,
surviving Civil Partners and children benefit under section 19
of the Social Security (Employment Injuries Insurance) Act.”.

Amendment to the Social Security (Closed Long-Term Benefits)
(Claims and Payments) Regulations 1996.

1. In regulation 4 (Information to be given when making a claim)−

(a) in subregulation (3), after “spouse” (in each place) insert “or
civil partner”; and
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(b) in subregulation (3)(c), after “marriage” insert “or civil
partnership schedule”.

2. In regulation 6 (Interchange with claims for other benefits)−

(a) in subregulation (1), after “spouse’s” insert or “civil partners”;

(b) in subregulation (2), for “wife or husband” (in each place)
substitute “wife, husband or civil partner”.

3. In regulation 7 (Time for claiming), in subsection (1)−

(a) for “widow or widower” insert “widow, widower or surviving
civil partner”; and

(b) after “spouse” insert “or civil partner.”.

4. In section 8 (Increases of benefit to be treated as separate benefits), for
“husband or wife” substitute “husband, wife or civil partner”.

5. In the Schedule (Benefits under the social security (Employment Injuries
Insurance) Act and the Social Security (Open Long-Term Benefits Scheme)
Act 1997, for which claims may be treated as interchangeable)−

(a) after “widow” insert “or surviving civil partner”; and

(b) after “husband” insert “or civil partner”.

Amendment to the Social security (Closed Long-Term Benefits)
Regulations 1996.

1. In regulation 3 (Computation of earnings and remuneration), after “wife”
(in each case) insert “or civil partner”.

2. In regulation 4 (Provisions as to maintenance)−

(a) in subregulation (1)(b), after “wife” insert “or civil partner”;

(b) in subregulation (3), after “spouse” insert “or civil partner”;
and

(c) in subregulation (3)(b), after “spouse’s” insert “or civil
partner’s”.

3. In regulation 6 (Imprisonment), in subsection 5, for “husband or wife.”
substitute “husband, wife or civil partner”.

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4. In regulation 8 (Surviving spouses incapable of self support)−

(a) insert “or surviving civil partners” after “spouses” in title; and

(b) after “spouse” (in each place) insert “or surviving civil
partner”.

5. In regulation 14 (Adopted children)–

(a) in subregulation (a), after “not married” insert “or in a civil
partnership”;

(b) in subregulation (a), after “if that person married” insert “or
entered into a civil partnership”;

(c) after “spouse” (in each place), insert “or civil partner”;

(d) in subregulation (a), after “whom that person married” insert
“or entered into a subsequent civil partnership”;

(e) after “spouses” (in each place) insert “or civil partners”,

(f) in subregulation (b), after “ if either of them remarried” insert
“or entered into a further civil partnership or a civil partnership
subsequent to his or her marriage”,

(g) in subregulation (b), after “such spouses remarried” insert “or
entered into a subsequent civil partnership with”,

(h) in subregulation (c), after “if that spouse remarried” insert “or
entered into a further civil partnership or a civil partnership
subsequent to his or her marriage”, and

(i) in subregulation (c), after “to whom that spouse was
remarried” insert “or in a subsequent civil partnership with”.

6. In regulation 16 (Children of divorced persons)–

(a) insert “or parents whose civil partnership has been dissolved”
in the title after “persons”,

(b) in subregulation (1), after “marriage” insert “or civil
partnership”,

(c) in subregulation (1)(b), after “re-married” insert “or entered
into a further civil partnership or a civil partnership subsequent
to his or her marriage”, and

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(d) in subregulation (1)(b), after “re-married” insert “or entered
into a subsequent civil partnership with”.

7. In regulation 20 (Women who marry after attaining pensionable age)–

(a) insert “or enter into a civil partnership” after “marry” in title;

(b) in subregulation (1), after “married” insert “or entered in a civil
partnership”;

(c) in subregulation (1)(a)(ii) and (2), after “married” insert “or in
a civil partnership”;

(d) after “husband” (in each place) insert “or civil partner”;

(e) in subregulation (1)(a)(ii), after “husband’s” insert “or civil
partner’s”;

(f) after “marriage” (in each place except for subregulation (1)(d))
insert “or civil partnership”; and

(g) in subregulation (1)(d), for “marriage or re-marriage”
substitute “marriage, re-marriage or civil partnership”.

8. In regulation 22 (Priority between a man and his wife to increase of old
age pension for child)−

(a) insert “or civil partners” in the title after “wife”;

(b) after “wife” (in each place except for subregulation (a)), insert
“or civil partners”;

(c) for “his or her” substitute “of their”; and

(d) in subregulation (a), after “additional increase”, insert “, or in
the case of civil partners, so long as the civil partners are living
together, only one of the civil partners shall be entitled to the
increase, or as the case may be to the additional increase”.

9. In regulation 27 (Partial satisfaction of contribution conditions (V)), in
subregulation (2)(c)−

(a) after “husband’s” insert “or civil partner’s”, and

(b) after “husband” (in each place) insert “or civil partner”.

PART 2
TAX
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Amendments of the Income Tax (Allowances, Deductions and
Exceptions) Rules, 1992.

1. In rule 6B (Restrictions on entitlement to Allowances Based System for
spouses)–

(a) insert “or civil partners” after “spouses” in the title; and
(b) in subrule (1), (2)(b)(ii), (3)(c), 5(b) and (6) after “spouse” insert
“civil partner”.

2. In rule 7 (Deduction for a spouse)−

(a) in subrule (1), after “spouse” (in each place) insert “or civil
partner”;

(b) in subrule (1)(b), after “marriage” insert “or civil partnership”;

(c) in subrule (1), after “married” insert “or in a civil partnership”;
and

(d) in subrule (2)(a) after “married” insert “or is in a civil
partnership”.

3. In section 12 (Deduction for maintenance of children)–

(a) for “a man” substitute “a spouse or civil partner”;

(b) remove the line “or, if a woman, that no man, is entitled to
make a claim in respect of her under that rule;” and

(c) remove the sentence “Provided that where a woman has the
custody of and maintains such a child, she may claim a
deduction under this rule, notwithstanding the fact that a claim
is made in respect of her under rule 7(1)(b) or (c).

4. In rule 18 (Deduction in respect of dependant relatives)–

(a) after “wife” insert “or civil partner”; and

(b) after “wife’s” insert “or civil partner’s”.

5. In rule 19 (Deduction in respect of services of unmarried daughters)–

(a) after “widower” insert “or surviving civil partner”; and

(b) after “wife” insert “or civil partner”.

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6. In rule 20A (Deduction for health insurance premiums,) in subrule (1),
after “spouse” insert “or civil partner”.

7. In rule 21 (Deduction is respect of life assurances premiums etc.),

(a) in subsection (4), after “spouse” insert “or civil partner”, and

(b) in subsection (9), substitute “or her widower and children,” for
“ her widower and children, or his or her surviving civil partner
and children”.

8. In rule 22 (Deduction in respect of loan interest)−

(a) in subrule (1), after “wife” in each case, insert “or civil
partner”,

(b) in subrule 2A, after “spouse” insert “or civil partner”,

(c) in subrule 3, after “wife” (in each place) insert “or civil
partner”,

(d) in subrule (5)(a), after “wife” insert “or civil partners”,

(e) in subsection (5)(b), after “husband” insert “or civil partner”,

(f) in subrule (8), after “spouse” (in each place) insert “or civil
partner”, and

(g) in subrule (9), after “widow” insert “or surviving civil partner”.

Amendments to the Qualifying (Category 2) Individual Rules 2010.

1. In rule11 (Family of a Category 2 Individual)−

(a) after “spouse” (in each place other than subrule (4) ) insert “or
civil partner”; and

(b) in subrule (4), after “spouse” insert “, civil partner”.

Amendments to the Home Purchase (Deductions) Rules 1989.

1. In rule 2 (Deductions for payments towards house purchase for own
residential occupation), in subsection (3), after “spouse” insert “or civil
partner”.

2. In rule 2A (Deductions for payments towards house purchase for child’s
residential occupation), after “spouse” (in each place) insert “or civil
partner”.
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3. In rule 6 (Forfeiture of deduction), after “spouse” (in each place) insert
“or civil partner”.

4. In rule 8 (Restrictions on entitlement to deduction specified in rule 2 and
rule 2A in relation to elections made for Gross Income Based System), after
spouse (in each place) insert “or civil partner”.


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SCHEDULE 13

Section 111(2)

AMENDMENTS TO CERTAIN ACTS RELATING TO PENSIONS

Amendments to the Pension Act.

The Pensions Act is amended in accordance with the provisions of this
Schedule.

1. In section 2 (Interpretation)−

(a) after “parties to a marriage” (in the definition of “child of the
family”) insert “or civil partnership”;

(b) after the definition of “child of the family” but before the
definition of “designated officer” add the following definition
for civil partnership: ““Civil Partnership” should be given the
meaning given to it in the Civil Partnership Act 2014.”;

(c) after the definition of “Civil Partnership” but before the
definition of “designated officer” add the following definition-

““civil partners” means two people in a relationship–

(a) which is formed when they register as civil
partners of each other in Gibraltar;

(b) which they are treated under Chapter 1 or Part
3 of the Civil Partnership Act 2014 as having
formed (at the time determined by the
Register) by virtue of having registered an
overseas relationship,”, and

(d) after “Matrimonial Causes Act” (in the definition of “pension
sharing order”) insert “or section 89 of the Civil Partnership
Act 2014”.

2. In section 6 (Circumstances in which pension may be granted)–

(a) after “married” (in each place) insert “or entered into a civil
partnership”, and

(b) after “marry” (in each place) insert “or enter into a civil
partnership”.
Civil Partnership
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2014-10

3. In section 13 (Pensions, etc., not assignable), in subsection (2)(b), after
“former spouse” insert “, civil partner or former civil partner”.

4. In section 14 (Pensions, etc., to cease on bankruptcy), in subsection (3),
after “wife,” insert “civil partner,”.

5. In section 18 (Pensions to dependants when an officer dies as a result of
injuries received or disease contracted in the discharge of his duties)−

(a) in subsection (1)(b)(i), after “to” insert “him or”;

(b) in subsection (1)(b), after “widow” (in each place) insert “or
surviving civil partner”;

(c) in subsection (1)(b)(v) and (vi), after “his” (in each place)
insert “or her”;

(d) in subsection (1)(b)(v) and (vi), after “him” insert “or her”;

(e) in subsection (1)(b)(v), after “for” insert “his or”;

(f) in subsection (2), after “widow” insert “or surviving civil
partner”;

(g) in subsection (2), after “him” insert “or in a civil partnership
with him or her”;

(h) in subsection (3)(a), after “of the widow,” insert “he or”;

(i) in subsection (3)(a) and(b), after “or after the death” insert “he
or”;

(j) in subsection (3), after “female” (in each place) insert “or
male”;

(k) in subsection (3)(b), after “married to” insert “, in a civil
partnership”;

(l) in subsection (3)(a) and (b), after “she marries” (in each place)
insert “, enters into a civil partnership”;

(m) in subsection (3), after “from the date of the marriage” insert
“or civil partner”;

(n) in subsection (3), after “subsequent date that the marriage”
insert “, civil partnership”; and

Civil Partnership
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2014-10
(o) in subsection (3), after “notwithstanding marriage” insert “or
civil partnership”.

6. In Part 2 of the Schedule, Officers without other public service, section 7
(Marriage gratuities)−

(a) after “female officer” insert “or person retires for the reason
that he or she is about to marry or enter into a civil partnership
or has married or entered into a civil partnership respectively”;

(b) delete the following: “retired for reason that she is about to
marry, or has married”;

(c) for “she” substitute (in each place) “he or she”;

(d) after “marriage” (in each place) insert “or civil partnership”;
and

(e) after “within six months after” insert “his or”.

7. In Part 3 of the Schedule, Transferred Officers of those regulations in
regulation 14 (Marriage gratuities)−

(a) after “female officer” insert “or officer”;

(b) after “married” insert “or is about to enter into a civil
partnership or has entered into a civil partnership respectively”;

(c) in subsection (1), after “regulation 7 if” insert “his or”; and

(d) before “she may be granted” insert “he or”.



Civil Partnership
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2014-10


SCHEDULE 14

Section 106(3)(a)

REFERENCES TO STEPCHILDREN ETC. IN EXISTING ACTS

1. Chapter 8, section 69(7) of the Income Tax Act 2010 (Travel Costs and
expenses where duties performed abroad: visiting spouse or child’s travel).

2. Section 238(3)(a) of the Crimes Act 2011(family relationships).

3. Section 207U(1) of the Companies Act (Experts and valuers: meaning of
associate).