Civil Partnership Act 2004

46 Dissolution order not precluded by previous separation order etc. E+W

(1) Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—

(a) a separation order;

(b) an order under Schedule 6 (financial relief in magistrates' courts etc.);

(c) an order under section 33 of the Family Law Act 1996 (c. 27) (occupation orders);

(d) an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).

(2) Nothing prevents—

(a) either civil partner from applying for a dissolution order, or

(b) the court from making a dissolution order,

on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).

(3) On the application for the dissolution order, the court—

(a) may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but

(b) must not make the dissolution order without receiving evidence from the applicant.

(4) If—

(a) the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,

(b) there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and

(c) the civil partners have not resumed living together and the separation order has been continuously in force since it was made,

the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.

(5) For the purposes of section 44(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—

(a) an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or

(b) an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.