Part 2Civil partnership: England and Wales
Chapter 2Dissolution, nullity and other proceedings
Dissolution of civil partnership
48Proceedings before order made final: protection for respondent in separation cases
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.