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.