Part 2

Civil partnership: England and Wales
Chapter 2

Dissolution, nullity and other proceedings

Introduction

Annulment and presumption of death: conditional and final orders
38
A1
Every nullity or presumption of death order—
a
is, in the first instance, a conditional order, and
b
may not be made final before the end of the prescribed period for the purposes of this paragraph.
1
Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—
a
6 weeks from the making of the conditional order, or
b
if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.
2
The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).
3
But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.
4
In a particular case the court dealing with the case may by order shorten the prescribed period.
5
The power to make an order under subsection (2) is exercisable by statutory instrument.
6
An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
S. 38 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(a), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
S. 38(A1) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(b), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
Words in s. 38(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(c), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
Words in s. 38(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(d), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2