Presumption of Death Act 2013

Section 16

SCHEDULE 2 Amendment of provisions about presumption of death

Matrimonial Causes Act 1973 (c. 18)

1 Omit section 19 of the Matrimonial Causes Act 1973 (presumption of death and dissolution of marriage).

Domicile and Matrimonial Proceedings Act 1973 (c. 45)

2 In section 5 of the Domicile and Matrimonial Proceedings Act 1973 (jurisdiction of High Court and county courts), omit—

(a) subsection (1)(b) (and the “and” before it);

(b) subsection (4).

Civil Partnership Act 2004 (c. 33)

3 (1) Section 222 of the Civil Partnership Act 2004 (proceedings for presumption of death order) is amended as follows.

(2) After “presumption of death order” insert “on an application made by a civil partner”.

(3) Omit paragraphs (a) and (b).

(4) After those paragraphs insert—

“(ba) at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and”.

Consequential repeal

4 In consequence of the repeal in paragraph 1, omit paragraph 7 of Schedule 8 to the Family Law Act 1996.