Civil Partnership Act 2004 (c. 33)

Part 4 N.I. Civil partnership: Northern Ireland

Chapter 2 N.I. Dissolution, nullity and other proceedings

Introduction N.I.

161 Powers to make orders and effect of orders N.I.

(1) The court may, in accordance with this Chapter—

(a) make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;

(b) make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;

(c) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) make an order (a “separation order”) which provides for the separation of the civil partners.

(2) Every [F2 dissolution order or nullity order]—

(a) is, in the first instance, a conditional order, and

(b) may not be made final before the end of the prescribed period (see section 162);

and any reference in this Chapter to a conditional order is to be read accordingly.

(3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.

(4) In this Chapter “the court” has the meaning given by section 188.

(5) This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).

Textual Amendments

F1 S. 161(1)(c) repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), (2), 20, Sch. 2, {Sch. 3}; S.R. 2009/356, art. 2

F2 Words in s. 161(2) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2