FC v WC (declarations relating to dissolution of French PACS)

FC v WC (declarations relating to dissolution of French PACS)

The court found that while the dissolution of the French PACS could not be recognised under section 58(1)(d) CPA 2004 due to the parties not meeting habitual residence, domicile, or nationality requirements at the time of dissolution, it was satisfied on the evidence that the PACS was validly dissolved under French law. Therefore, the court granted a declaration under section 58(1)(c) CPA 2004 that the civil partnership did not subsist after 10 March 2023, and, exercising its inherent jurisdiction, declared that the parties are not currently married or civil partners in any jurisdiction and are free to enter into marriage or civil partnership in England and Wales.

Parties
Applicant: FC; Respondent: WC
Jurisdiction
England and Wales
Judgment Date
21 October 2024
Procedural Posture
Family Law Declaration of Status / Judgment After Application for Declaration
Outcome
Declarations granted
Legal Topics
Recognition of Foreign Civil Partnerships, Dissolution of French PACS, Declarations of Status, Civil Partnership Act 2004, Inherent Jurisdiction
Family Law Private International Law Recognition of Foreign Civil Partnerships Dissolution of French PACS Declarations of Status Civil Partnership Act 2004 Inherent Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

FC

Applicant

WC

Respondent

Procedural Posture

Family Law Declaration of Status / Judgment After Application for Declaration

Legal Issues

  1. 1 Whether the dissolution of a French PACS is recognised under English law for the purposes of entering a civil partnership in England and Wales
  2. 2 Whether the court can make a declaration that the civil partnership did not subsist on a specified date under section 58(1)(c) CPA 2004
  3. 3 Whether the court can make a declaration under its inherent jurisdiction that the parties are free to marry or enter into a civil partnership

Ratio Decidendi

The court found that while the dissolution of the French PACS could not be recognised under section 58(1)(d) CPA 2004 due to the parties not meeting habitual residence, domicile, or nationality requirements at the time of dissolution, it was satisfied on the evidence that the PACS was validly dissolved under French law. Therefore, the court granted a declaration under section 58(1)(c) CPA 2004 that the civil partnership did not subsist after 10 March 2023, and, exercising its inherent jurisdiction, declared that the parties are not currently married or civil partners in any jurisdiction and are free to enter into marriage or civil partnership in England and Wales.

Court Disposition

Declarations granted

Orders

  • Declaration under section 58(1)(c) CPA 2004 that the civil partnership did not subsist after 10 March 2023
  • Declaration under the inherent jurisdiction that the parties are not currently married or civil partners in any jurisdiction and are free to enter into marriage or civil partnership in England & Wales