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Section 55: Presumption of death orders

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

The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.

In any proceedings under this section the fact that—

for a period of 7 years or more the other civil partner has been continually absent from the applicant, and
the applicant has no reason to believe that the other civil partner has been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.

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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.