Civil Partnership Act 2004 (c. 33)

Part 2 U.K. Civil partnership: England and Wales

Chapter 2 E+W Dissolution, nullity and other proceedings

Presumption of death orders E+W

55 Presumption of death orders E+W

(1) The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.

(2) In any proceedings under this section the fact that—

(a) for a period of 7 years or more the other civil partner has been continually absent from the applicant, and

(b) the applicant has no reason to believe that the other civil partner has been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.