[F115ZA Restriction imposed in proceedings for the dissolution etc. of a civil partnership on application under this Act E+W
(1)On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004, or at any time after making such an order, the court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act.
(2) In subsection (1) above “ the court ” means the High Court or [F2the family court] .
(3) In the case of a dissolution order, nullity order or presumption of death order (“ the main order ”) an order may be made under subsection (1) above before (as well as after) the main order is made final, but if made before the main order is made final it shall not take effect unless the main order is made final.
(4)Where an order under subsection (1) above made in connection with a dissolution order, nullity order or presumption of death order has come into force with respect to a civil partner, then, on the death of the other civil partner, the court shall not entertain any application for an order under section 2 of this Act made by the surviving civil partner.
(5)Where an order under subsection (1) above made in connection with a separation order has come into force with respect to a civil partner, then, if the other civil partner dies while the separation order is in force and the separation is continuing, the court shall not entertain any application for an order under section 2 of this Act made by the surviving civil partner.]
Textual Amendments
F1S. 15ZA inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 21; S.I. 2005/3175, art. 2(1), Sch. 1
F2Words in s. 15ZA(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 36(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)