44Dissolution of civil partnership which has broken down irretrievablyE+W
(1)Subject to section 41, an application for a dissolution order may be made to the court by [F1either civil partner] [F1either or both civil partners] on the ground that the civil partnership has broken down irretrievably.
[F2(1A)An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.]
(2)[F3On an application for a dissolution order the court must inquire, so far as it reasonably can, into—
(a)the facts alleged by the applicant, and
(b)any facts alleged by the respondent.]
(3)[F4The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).]
(4)[F5But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.]
[F5The court dealing with an application under subsection (1) must—
(a)take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and
(b)make a dissolution order.]
(5)[F6The facts referred to in subsections (3) and (4) are—
(a)that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;
(b)that—
(i)the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), and
(ii)the respondent consents to a dissolution order being made;
(c)that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);
(d)that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.]
[F7(6)Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).]
Textual Amendments
F1Words in s. 44(1) substituted (25.6.2020 for specified purposes) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(2), 8(3)(b) (with s. 8(7))
F2S. 44(1A) inserted (25.6.2020 for specified purposes) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(3), 8(3)(b) (with s. 8(7))
F3S. 44(2) omitted (25.6.2020 for specified purposes) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7))
F4S. 44(3) omitted (25.6.2020 for specified purposes) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7))
F5S. 44(4) substituted (25.6.2020 for specified purposes) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(5), 8(3)(b) (with s. 8(7))