Civil Partnership Act 2004

Dissolution of civil partnership E+W

44 Dissolution of civil partnership which has broken down irretrievably E+W

(1) Subject to section 41, an application for a dissolution order may be made to the court by [F1 either or both civil partners] on the ground that the civil partnership has broken down irretrievably.

[F2 (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.]

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F5 The 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.]

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (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).]

Textual Amendments

F1 Words in s. 44(1) substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(2), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F2 S. 44(1A) inserted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(3), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F3 S. 44(2) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F4 S. 44(3) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F5 S. 44(4) substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(5), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F6 S. 44(5) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(6), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F7 S. 44(6) inserted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(7), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F8 45 Supplemental provisions as to facts raising presumption of breakdown E+W

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Textual Amendments

F8 S. 45 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 38 (with s. 8(7)); S.I. 2022/283, reg. 2

F9 46 Dissolution order not precluded by previous separation order etc. E+W

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Textual Amendments

F9 S. 46 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 39 (with s. 8(7)); S.I. 2022/283, reg. 2

F10 47 Refusal of dissolution in 5 year separation cases on ground of grave hardship E+W

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Textual Amendments

F10 S. 47 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 40 (with s. 8(7)); S.I. 2022/283, reg. 2

48 Proceedings before order made final: protection for respondent F11 ... E+W

F12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (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.

Textual Amendments

F11 Words in s. 48 heading omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(a) (with s. 8(7)); S.I. 2022/283, reg. 2

F12 S. 48(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(b) (with s. 8(7)); S.I. 2022/283, reg. 2

F13 S. 48(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(c) (with s. 8(7)); S.I. 2022/283, reg. 2