Civil Partnership Act 2004 (c. 33)

Part 5 U.K. Civil partnership formed or dissolved abroad etc.

Chapter 3 U.K. Dissolution etc.: jurisdiction and recognition

Jurisdiction of courts in England and Wales E+W

222 Proceedings for presumption of death order E+W

The court has jurisdiction to entertain proceedings for a presumption of death order [F1 on an application made by a civil partner] if (and only if)—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (ba) at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and]

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

Textual Amendments

F1 Words in s. 222 inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(2) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))

F2 S. 222(a)(b) omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(3) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))

F3 S. 222(ba) inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(4) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))