Civil Partnership Act 2004

Chapter 2E+WDissolution, nullity and other proceedings

IntroductionE+W

37Powers to make orders and effect of ordersE+W

(1)The court may, in accordance with this Chapter—

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

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

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

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

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)In this Chapter, other than in sections 58 to 61, “the court” means—

(a)the High Court, or

[F2(b)the family court.]

(5)This Chapter is subject to sections 219 to 224 (jurisdiction of the court).

[F337ADissolution on ground of breakdown: conditional and final ordersE+W

(1)Every dissolution order—

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

(b)may not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”).

(2)The court may not make a conditional order unless—

(a)in the case of an application that is to proceed as an application by one civil partner only, that person has confirmed to the court that they wish the application to continue, or

(b)in the case of an application that is to proceed as an application by both civil partners, those persons have confirmed to the court that they wish the application to continue;

and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).

(3)The Lord Chancellor may by order amend this section so as to substitute—

(a)a different definition of the first prescribed period, or

(b)a different definition of the second prescribed period.

(4)But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.

(5)In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.

(6)The power to make an order under subsection (3) is exercisable by statutory instrument.

(7)An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

38[F4Annulment and presumption of death: conditional and final orders]E+W

[F5(A1)Every 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 for the purposes of this paragraph.]

(1)Subject to subsections (2) to (4), the prescribed period for the purposes of [F6subsection (A1)(b)] 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 office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.

(2)The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of [F7subsection (A1)(b)].

(3)But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.

(4)In a particular case the court dealing with the case may by order shorten the prescribed period.

(5)The power to make an order under subsection (2) is exercisable by statutory instrument.

(6)An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

39Intervention of the Queen’s ProctorE+W

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

(2)The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to 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 Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.

(4)If the Queen’s Proctor 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 him in doing so, or

(b)the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.

(5)The Queen’s Proctor is entitled to charge as part of the expenses of his office—

(a)the costs of any proceedings under subsection (2);

(b)if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;

(c)if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).

40Proceedings before order has been made finalE+W

(1)This section applies if—

(a)a conditional order has been made, and

(b)the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows 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)—

(a)applies despite [F8sections 37A(1) and 38(A1)] (period before conditional orders may be made final), but

(b)is subject to section 48(4) (protection for respondent F9...) F10....

41Time bar on applications for dissolution ordersE+W

(1)No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42Attempts at reconciliation of civil partnersE+W

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

(2)Rules of court must make provision for requiring the [F12legal representative] acting for [F13an applicant to certify whether the representative] has—

(a)discussed with the applicant the possibility of a reconciliation with the other civil partner, and

(b)given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.

(3)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.

(4)The power to adjourn under subsection (3) is additional to any other power of adjournment.

43Consideration by the court of certain agreements or arrangementsE+W

(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 partnershipE+W

44Dissolution of civil partnership which has broken down irretrievablyE+W

(1)Subject to section 41, an application for a dissolution order may be made to the court by [F14either or both civil partners] on the ground that the civil partnership has broken down irretrievably.

[F15(1A)An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.]

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F18The court dealing with an application under subsection (1) must—

(a)take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and

(b)make a dissolution order.]

F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(6)Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).]

F2145Supplemental provisions as to facts raising presumption of breakdownE+W

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F2246Dissolution order not precluded by previous separation order etc.E+W

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F2347Refusal of dissolution in 5 year separation cases on ground of grave hardshipE+W

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48Proceedings before order made final: protection for respondent F24...E+W

F25(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(2)Subsections (3) to (5) apply if—

(a)on an application for a dissolution order a conditional order has been made and—

(i)the conditional order is in favour of one civil partner only, or

(ii)the conditional order is in favour of both civil partners but one of them has since withdrawn from the application, and

(b)the respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.]

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

(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 he will make such financial provision for the respondent as it may approve.

NullityE+W

49Grounds on which civil partnership is voidE+W

Where two people register as civil partners of each other in England and Wales, 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 3), [F27or]

(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 document has not been duly issued,

(iii)that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),

(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 document, F28. . .

(v)that a civil partnership registrar is not present, or

[F29(vi)that the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), F30...]

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50Grounds on which civil partnership is voidableE+W

(1)Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—

(a)either of them did not validly consent to its formation (whether as a 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 unfitted for civil partnership;

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

(d)an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;

(e)the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.

(2)In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).

51Bars to relief where civil partnership is voidableE+W

(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 the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he 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 50(1)(a), (b), (c) or (e) unless—

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

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

(3)A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—

(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 leave for the institution of proceedings.

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

(5)Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.

(6)Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.

52Proof of certain matters not necessary to validity of civil partnershipE+W

(1)Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—

F32(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(aa)that before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence;] [F34or

(ab)that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.]

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53Power to validate civil partnershipE+W

(1)Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).

(2)An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).

(3)The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.

(4)The Lord Chancellor must—

(a)consider all objections to the order sent to him in writing during that month, and

(b)if it appears to him necessary, direct a local inquiry into the validity of any such objections.

(5)An order under subsection (1) is subject to special parliamentary procedure.

54Validity of civil partnerships registered outside England and WalesE+W

(1)Where two people register as civil partners of each other in Scotland, the civil partnership is—

(a)void, if it would be void in Scotland under section 123, F37...

[F38(aa)void, if the civil partnership was registered when—

(i)one of the two people was domiciled in England and Wales, and

(ii)one of the two people was under 18, and]

(b)voidable, if the circumstances fall within section 50(1)(d).

(2)Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—

(a)void, if it would be void in Northern Ireland under section 173, F39...

[F40(aa)void, if the civil partnership was registered when—

(i)one of the two people was domiciled in England and Wales, and

(ii)one of the two people was under 18, and]

(b)voidable, if the circumstances fall within any paragraph of section 50(1).

[F41(2A)Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—

(a)void, if it would be void in Northern Ireland under section 173, F42...

[F43(aa)void, if the marriage was solemnised there when—

(i)one of the two people was domiciled in England and Wales, and

(ii)one of the two people was under 18, and]

(b)voidable, if it would be voidable there under section 174.]

(3)Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

(a)section 210 (registration at British consulates etc.), or

(b)section 211 (registration by armed forces personnel),

(“the relevant section”).

(4)The civil partnership is—

(a)void, if—

(i)the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii)a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b)voidable, if—

(i)the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or

(ii)the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).

(5)The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

(6)Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

(7)The civil partnership is void if—

(a)the relationship is not an overseas relationship, or

(b)(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

(8)The civil partnership is voidable if—

(a)the overseas relationship is voidable under the relevant law,

(b)the circumstances fall within section 50(1)(d), or

(c)where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).

(9)Section 51 applies for the purposes of—

(a)subsections (1)(b), (2)(b) and (4)(b),

(b)subsection (8)(a), in so far as applicable in accordance with the relevant law, and

(c)subsection (8)(b) and (c).

(10)In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

(11)For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.

Presumption of death ordersE+W

55Presumption of death ordersE+W

(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 from 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.

Separation ordersE+W

56Separation ordersE+W

(1)An application for a separation order may be made to the court by [F44either or both civil partners.]

[F45(1A)An application under subsection (1) must be accompanied by—

(a)if the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, or

(b)if the application is by both civil partners, a statement by them that they seek to be separated from one another.]

F46(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(3)The court dealing with an application under subsection (1) must make a separation order.]

F48(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Effect of separation orderE+W

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.

DeclarationsE+W

58DeclarationsE+W

(1)Any person may apply to the High Court or [F49the family 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 on a date so specified;

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

(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 England and Wales.

(2)Where an application under subsection (1) is made to a 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.

59General provisions as to making and effect of declarationsE+W

(1)Where on an application for a declaration under section 58 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 58 binds Her Majesty and all other persons.

(3)The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.

(4)No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.

(5)No declaration may be made by any court, whether under section 58 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.

60The Attorney General and proceedings for declarationsE+W

(1)On an application for a declaration under section 58 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.

(2)The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—

(a)intervene in the proceedings on that application in such manner as he 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 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

61Supplementary provisions as to declarationsE+W

(1)Any declaration made under section 58, and any application for such a declaration, must 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 58;

(b)requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.

(3)No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.

(4)The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.

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

General provisionsE+W

F5062Relief for respondent in dissolution proceedingsE+W

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F5163Restrictions on making of orders affecting childrenE+W

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64Parties to proceedings under this ChapterE+W

(1)Rules of court may make provision with respect to—

(a)the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,

(b)the dismissal from such proceedings of any parties so joined, and

(c)the persons who are to be parties to proceedings on an application under section 58.

(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.