Section 58 Declarations

England and Wales

(1)

Any person may apply to the High Court or F1the family court for one or more of the following declarations in relation to a civil partnership specified in the application—

(a)

a declaration that the civil partnership was at its inception a valid civil partnership;

(b)

a declaration that the civil partnership subsisted on a date specified in the application;

(c)

a declaration that the civil partnership did not subsist on a date so specified;

(d)

a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;

(e)

a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.

(2)

Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.

Annotations

Textual amendments

F1: Words in s. 58 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 164; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)