Part 2

Civil partnership: England and Wales
Chapter 2

Dissolution, nullity and other proceedings

Dissolution of civil partnership

Refusal of dissolution in 5 year separation cases on ground of grave hardship
47
1
The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that—
a
the dissolution of the civil partnership will result in grave financial or other hardship to him, and
b
it would in all the circumstances be wrong to dissolve the civil partnership.
2
Subsection (3) applies if—
a
the making of a dissolution order is opposed under this section,
b
the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 44(5), and
c
apart from this section, the court would make a dissolution order.
3
The court must—
a
consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and
b
if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.
4
“Hardship” includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.