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Section 40: Proceedings before order has been made final

Civil Partnership Act 2004 · 2004 c. 33View on legislation.gov.uk

Part 2: Civil partnership: England and Wales — Chapter 2: Dissolution, nullity and other proceedings

This section applies if—

a conditional order has been made, and
the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

This section also applies if—

a conditional order has been made,
3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,
no such application has been made by the civil partner who applied for the conditional order, and
the other civil partner makes an application to the court under this subsection.

The court may—

make the order final,
rescind the order,
require further inquiry, or
otherwise deal with the case as it thinks fit.

Subsection (3)(a)—

applies despite sections 37A(1) and 38(A1) (period before conditional orders may be made final), but
is subject to section 48(4) (protection for respondent ...) ....

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.