Part 2Civil partnership: England and Wales

Chapter 2Dissolution, nullity and other proceedings

Dissolution of civil partnership

44Dissolution of civil partnership which has broken down irretrievably

1

Subject to section 41, an application for a dissolution order may be made to the court by F1either or both civil partners on the ground that the civil partnership has broken down irretrievably.

F21A

An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.

F32

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F43

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4

F5The court dealing with an application under subsection (1) must—

a

take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and

b

make a dissolution order.

F65

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F76

Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).