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The bringing to an end of a valid civil partnership between two people of the same sex
No application for the dissolution of a civil partnership can be presented to the court until 1 year has passed from the date of its registration.
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Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist The majority of law applicable to limited liability partnerships (LLPs) is actually modified company law rather than partnership law. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs. The 2009 Regulations also apply Parts 1, 2, 3 and 5 of the Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974 to LLPs. The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations) apply parts of CA 2006 in relation to accounts and audit to LLPs with appropriate modifications. This Checklist sets out those provisions of CA 2006 that are applied to LLPs pursuant to these regulations. Companies Act 2006 (CA 2006), section Statutory instrument applying CA 2006 provision Subject Part 2—Company formation CA 2006, s 12A 2009 Regulations, SI 2009/1804, reg 3A (link accessible within SI 2009/1804, reg 4) (inserted by SI 2016/340, reg 5 and SI...
Joint venture shareholders’ agreement—checklist Purpose of Checklist The purpose of this Checklist is to illustrate the sorts of considerations which need to be borne in mind, and on which instructions will need to be sought, when drafting a joint venture agreement (also known as a shareholders’ agreement) and articles of association for a joint venture company (JVC). It is for guidance only and is not exhaustive. This Checklist is prepared with the requirements of English law in mind and, although similar considerations are applicable in the case of an international joint venture agreement, it is important to recognise the limitations of this Checklist in the context of a foreign joint venture (JV) vehicle. For a Checklist on the preliminary considerations which need to be borne in mind, and on which instructions will need to be sought, when considering entry into a JV arrangement where the JV vehicle is to be a private company limited by shares, see Checklist: Corporate joint venture preliminary issues—checklist. See Precedents: Joint venture shareholders’ agreement—deadlock (50:50)...
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Registrar's power to strike off a company no longer in business or
Company restoration—restoration by court
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The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010) , SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This Practice Note covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below:When introduced by the Civil Partnership...
Disputed nullity proceedings (post-DDSA 2020) This Practice Note provides guidance on the procedure for disputing an application for a nullity order or nullity of marriage order that was issued on or after 6 April 2022. It explains the time limits for filing an acknowledgment of service and an answer and the process for doing so. It sets out the requirements relating to requests for further information and explains the process for case management hearings, and the procedure for a final hearing. It also considers costs in disputed proceedings. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) made fundamental amendments to the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) in relation to divorce, civil partnership and (judicial) separation proceedings issued on or after 6 April 2022. DDSA 2020 does not make any substantive changes to nullity proceedings. The grounds on which nullity proceedings may be brought remain unchanged and they can still be disputed (formerly referred to as defended proceedings). New procedural...
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Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...
Letter to client confirming issue and service of an application for divorce or dissolution (post-DDSA 2020) Dear [insert client’s name] [Divorce OR Dissolution] I confirm that the application has been issued by the court and served on your [husband OR wife OR civil partner]. I enclose a copy of the issued application for your records. The next step is for your [husband OR wife OR civil partner] to file an acknowledgment of service within 14 days beginning with the date on which the application was served. This means that they must file the acknowledgment of service by [insert date] if they are using the online system. If they are not using the online system, then we will be notified as to the date they are required to file the acknowledgment of service by. [As your [husband OR wife OR civil partner] is outside of England and Wales, that period of time is extended to [insert date].] Your [husband OR wife OR civil partner] can only...
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Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning ‘ownerless property’) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: • the Overseas Companies Regulations 2009, SI 2009/1801 • the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...
Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a power of attorney be granted to 'all those listed in the document appended to this power of attorney'? A general power of attorney governed by the Powers of Attorney Act 1971 (PAA 1971) is the most commonly used appointment for commercial transactions. A company may appoint a person to act as its attorney to execute documents on its behalf. Any document so executed will have effect as if executed by the company. PAA 1971 is silent as to who may act as an attorney and whether a power of attorney needs to specifically name individuals or if it may be granted to multiple and changing personnel by reference to an appended document. For more information, see Practice Note: Powers of attorney in commercial transactions—Who can act as an attorney. Typically, if more than one attorney is appointed, separate powers of...
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Pensions analysis: A consultation launched by the Department for Education (DfE) in November 2024 sought views on proposed changes to the Teachers’ Pension Scheme (TPS) in relation to increasing member contribution rates and extending Fair Deal protection to capture employees of further education establishments. The consultation response was received from the DfE in March 2025 and the Teachers’ Pensions Schemes (Amendment) Regulations 2025 (effecting these changes) came into force on 1 April 2025. Written by Joel Eytle, partner, Nigel Bolton, partner, and Sadie Goodrum, solicitor, at Bevan Brittan LLP.
This week's edition of Public Law weekly highlights includes: news of the bilateral treaty between the UK and Mauritius to secure UK-US military operations on Diego Garcia, and update to the Cabinet Office guidance page on the National Security Unit for Procurement and analysis of the Teal Book—guidance published following the merging of the National Infrastructure Commission and Infrastructure and Projects Authority into the National Infrastructure and Service Authority (NISTA). Also in this edition, updates on a fresh legal challenge over the Supreme Court's decision in For Women Scotland v The Scottish Ministers, a joint letter criticising the role and decisions of the European Court of Human Rights, plus details of a free webinar on judicial review. Case updates this week include a number of judicial review and freedom of information decisions. This edition features further updates on Brexit, state security and intelligence, constitutional and administrative law, equality and human rights, projects and infrastructure, public procurement, information law, judicial review, subsidy control and State aid.
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