Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 2 – Dissolution, Nullity and Other Proceedings Section 55: Presumption of death orders
112.This section gives the court power to make a presumption of death order, on the application of a civil partner, if satisfied that there are reasonable grounds for believing that the other civil partner is dead. The fact that the other civil partner has been absent from the applicant for a continuous period of 7 years or more and that the applicant has no reason to believe that he or she has been living during that time will be accepted as evidence that the other civil partner is dead until the contrary is proved.