Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 2 – Dissolution, Nullity and Other Proceedings Section 61: Supplementary provisions as to declarations
119.This section provides for rules of court to determine the form of an application under section 58 for a declaration, and of the declaration itself. The rules may provide for the information to be supplied by the applicant and for notice of the application to be served on the Attorney General and on persons who may be affected by the declaration.
120.Subsection (3) provides that no proceedings under section 58 will affect any final order or judgment already given. Subsection (4) allows the court to hear any application under section 58 (or any part of it) in private (and by subsection (5) any application for such a direction must itself be heard in private unless the court directs otherwise).