Commentary on Sections Part 4 – Civil Partnership: Northern Ireland.Introduction Chapter 2 – Dissolution, Nullity and Other Proceedings Section 168: Dissolution of civil partnership which has broken down irretrievably
305.This section establishes the ground on which (provided the 2 year period set out in section 165 has elapsed) an application for the dissolution of a civil partnership may be made, and the four facts which can prove the ground for dissolution.
306.Subsection (1) sets out the sole ground on which an application for dissolution may be made, namely that the civil partnership has broken down irretrievably.
307.In order to demonstrate the irretrievable breakdown of the civil partnership the applicant must satisfy the court of one or more of the following facts set out in subsection (5):
308.Subsection (2) provides that the court must inquire as far as possible into the facts alleged by the applicant and any facts put forward by the respondent. The court may not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts set out in subsection (5). But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.
309.Subsection (6) provides that the court must consider the oral testimony of the applicant before making a dissolution order, unless there are special reasons to dispense with such testimony.