(1)Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may, F1. . . present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court may, if satisfied that such reasonable grounds exist, grant a decree of presumption of death and dissolution of the marriage.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In any proceedings under this section the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.
(4)Sections 1(5), 8 and 9 above shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)It is hereby declared that neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings constitutes a bar to the grant of a decree under this section.
Textual Amendments
F1Words repealed by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 17(2), Sch. 6