Civil Law (Presumption of Death) Act 2019
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Persons who may apply for a variation order and consequences of return of missing person | ||
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8. (1) The following persons may apply to the High Court for an order, in this Act referred to as a “variation order”, dissolving or varying the effects of any order made under section 5 , that is to say— | ||
(a) a missing person in respect of whom an order has been made under section 5 , and | ||
(b) an applicant. | ||
(2) Subject to the provisions of this section, a variation order shall not have any effect on rights to, or in, any property acquired as a result of an order made under section 5 . | ||
(3) The Court shall, when making a variation order, make such further order, if any, in relation to any rights to, or in, any property acquired as a result of an order made under section 5 as it considers reasonable in all the circumstances. | ||
(4) Without prejudice to the generality of subsection (3)— | ||
(a) a variation order shall have no effect on any income accrued between the time of the making of an order under section 5 and the variation order, and | ||
(b) where a third party acquires rights to, or in, the property of the missing person, in good faith and for value, the missing person who has returned may not bring a claim for the property against the third party. | ||
(5) (a) Notwithstanding the generality of section 6 (2), where an order has been made under section 5 in respect of a missing person who was in a marriage or civil partnership that was subsisting at the time that he or she went missing, that person or the person who was party to the marriage or civil partnership at the time that the missing person went missing may apply to the High Court for a declaration deeming them to be— | ||
(i) a spouse for the purposes of the Family Law (Divorce) Act 1996 in respect of whom a decree of divorce has been granted under section 5 of that Act, or | ||
(ii) a civil partner for the purposes of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 in respect of whom a decree of dissolution has been granted under section 110 of that Act. | ||
(b) In making a declaration under paragraph (a), the Court may modify or restrict its effect in any way as, in its view, accords with the interests of justice. | ||
(c) A declaration under paragraph (a)— | ||
(i) shall only apply from the date of any variation order granted under this section, and | ||
(ii) shall not take effect until the time for making any appeal has lapsed or until such time as any appeal (or any further appeal) is dismissed or withdrawn. | ||
(d) Other than in exceptional circumstances, an application under paragraph (a) shall be brought at the same time as an application under subsection (1) for the dissolution of a variation order. | ||
(6) Other than in exceptional circumstances an application for a variation order within the meaning of subsection (1) cannot be made after the expiry of a period of 7 years from the making of an order under section 5 . |