Civil Partnership Act 2004

Civil Partnership Act 2004

2004 CHAPTER 33

Commentary on Sections

Part 2 – Civil Partnership: England and Wales.Introduction

Chapter 2 – Dissolution, Nullity and Other Proceedings

Section 37: Powers to make orders and effect of orders

67. This section sets out the orders that the court can make to bring a civil partnership to an end or to provide for the separation of the parties. These are as follows:

(a)

A dissolution order, which when made final will bring a civil partnership to an end.

(b)

A nullity order, which when made final will annul a civil partnership which is either void or voidable.

(c)

A presumption of death order, which when made final will dissolve the civil partnership on the ground that one of the civil partners is presumed to be dead.

(d)

A separation order, which provides for the separation of the civil partners, but will not allow either civil partner to marry or to form another civil partnership.

68. Subsection (2) provides that an order for dissolution, nullity or presumption of death will initially be a conditional order and that it may not be made final until the end of the prescribed period defined in section 38.

69. Subsection (3) provides that a nullity order made in respect of a civil partnership which is voidable annuls the civil partnership only as respects any time after the order is made final. The civil partnership is to be treated as if it had existed up to that time.

70. The courts which can make these orders are defined in subsection (4) as the High Court or a county court with jurisdiction to hear civil partnership proceedings. Subsection (5) makes it clear that the powers of the court under this section are subject to the court having jurisdiction under sections 219 to 224 of the Act.