Presumption of Death Act 2013

Presumption of Death Act 2013

2013 CHAPTER 13

Commentary on Sections

Schedule 2

67. Paragraph 1 repeals section 19 of the Matrimonial Causes Act 1973. Section 19 provides that a spouse who reasonably believes the other spouse to be dead can petition the court to have the missing spouse presumed to be dead and the marriage dissolved. In such proceedings the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved. These proceedings will be unnecessary when a declaration of presumed death can be obtained under the Act.

68. Paragraphs 2 and 4 consequentially repeal references to section 19 of the Matrimonial Causes Act 1973 in section 5 of the Domicile and Matrimonial Proceedings Act 1973 and paragraph 7 of Schedule 8 to the Family Law Act 1996.

69. Paragraph 3 amends section 222 of the Civil Partnership Act 2004 so that the court will only have jurisdiction to issue a presumption of death order under section 178 of that Act if the High Court does not have jurisdiction to hear and determine an application for a declaration under section 1 of the Act and (which is already provided in section 222(c)) the two people concerned are registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

70. Section 178 of the Civil Partnership Act 2004 provides:

“Presumption of death orders

178

(1) The High 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.”