Part 2Civil partnership: England and Wales
Chapter 2Dissolution, nullity and other proceedings
Introduction
38F1Annulment and presumption of death: conditional and final orders
F2A1
Every nullity or presumption of death order—
a
is, in the first instance, a conditional order, and
b
may not be made final before the end of the prescribed period for the purposes of this paragraph.
1
Subject to subsections (2) to (4), the prescribed period for the purposes of F3subsection (A1)(b) is—
a
6 weeks from the making of the conditional order, or
b
if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.
2
The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of F4subsection (A1)(b).
3
But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.
4
In a particular case the court dealing with the case may by order shorten the prescribed period.
5
The power to make an order under subsection (2) is exercisable by statutory instrument.
6
An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.