Civil Partnership Act 2004

Valid from 05/12/2005

48 Proceedings before order made final: protection for respondent in separation cases E+W

(1) The court may, on an application made by the respondent, rescind a conditional dissolution order if—

(a) it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,

(b) it made no such finding as to any other fact mentioned in section 44(5), and

(c) it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.

(2) Subsections (3) to (5) apply if—

(a) the respondent to an application for a dissolution order in which the applicant alleged—

(i) 2 years' separation coupled with the respondent’s consent to a dissolution order being made, or

(ii) 5 years' separation,

has applied to the court for consideration under subsection (3) of his financial position after the dissolution of the civil partnership, and

(b) the court—

(i) has made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, and

(ii) has made no such finding as to any other fact mentioned in section 44(5).

(3) The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—

(a) the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and

(b) the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.

(4) Subject to subsection (5), the court must not make the order final unless it is satisfied that—

(a) the applicant should not be required to make any financial provision for the respondent, or

(b) the financial provision made by the applicant for the respondent is—

(i) reasonable and fair, or

(ii) the best that can be made in the circumstances.

(5) The court may if it thinks fit make the order final if—

(a) it appears that there are circumstances making it desirable that the order should be made final without delay, and

(b) it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.