Part 2

Civil partnership: England and Wales
Chapter 2

Dissolution, nullity and other proceedings

Nullity

Bars to relief where civil partnership is voidable
51
1
The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—
a
that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and
b
that it would be unjust to the respondent to make the order.
2
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—
a
it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or
b
leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).
3
A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—
a
is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and
b
considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
4
An application for leave under subsection (3) may be made after the end of the 3 year period.
5
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.
6
Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.