Civil Partnership Act 2004

Valid from 05/12/2005

37 Powers to make orders and effect of orders E+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.

(2) Every dissolution, 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 (see section 38);

and any reference in this Chapter to a conditional order is to be read accordingly.

(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

(b) if a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court.

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