Presumption of death orderU.K.
[F1 3 The court has jurisdiction to entertain proceedings for an order which ends a marriage on the ground that one of the couple is dead on an application made by the other of the couple (“ the applicant ”) if (and only if)—
(a)at the time the application is made, the High Court does not have jurisdiction to entertain an application by the applicant under section 1 of the Presumption of Death Act 2013 for a declaration that the applicant's spouse is presumed to be dead, and
(b)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.]
Textual Amendments
F1Sch. A1 inserted (31.10.2013 for specified purposes, 13.3.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 8; S.I. 2013/2789, art. 2(b); S.I. 2014/93, art. 3(j)(i)
Modifications etc. (not altering text)
C1Sch. A1 para. 3 modified (temp.) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 10(4); S.I. 2014/93, art. 3(j)(i)