Marriages Bill as Gazetted.
Section 40 Civil partnerships
(1) A relationship between a man and a woman who—
(a) are both over the age of eighteen years; and
(b) have lived together without legally being married to each other; and
(c) are not within the degrees of affinity or consanguinity as provided in section 7; and
(d) having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis;
shall be regarded as being in a civil partnership for the purposes of determining the rights and obligations of the parties on dissolution of the relationship and, for this
purpose, sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] shall mutatis mutandis apply on the dissolution of any such relationship.
(2) The circumstances referred to in paragraph (d) may include—
(a) the duration of the relationship;
(b) the nature and extent of their common residence;
(c) whether a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and any
arrangements for financial support, between them;
(e) the ownership, use and acquisition of their property;
(f) the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the reputation and public aspects of the relationship.
(3) No particular factor in relation to any circumstance may be regarded as necessary in determining whether or not the persons concerned have a civil partnership.
(4) A court determining whether a civil partnership exists is entitled to have regard to such matters and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.
(5) A civil partnership exists notwithstanding that one or both of the persons are legally married to someone else or are in another civil partnership.