Presumption of death and dissolution – MCA 1973 s.19
Allows a spouse to apply for a decree of presumption of death and dissolution if the other spouse is missing for seven years with no evidence they are alive.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets a spouse ask a court to end the marriage on the ground that the other spouse has been missing for at least seven years and there is no reason to believe they are still alive. The court can make a decree of presumption of death and dissolution. Once the decree becomes final, the marriage is legally over, as in a divorce. The seven-year period is continuous absence; the spouse applying must have no actual knowledge that the missing person is alive.
When it applies
- A spouse whose partner disappeared during a mountain hike seven years ago and has never been heard from.
- A spouse whose partner moved abroad, stopped all communication, and has not been seen or heard of for more than seven years.
- A spouse whose partner was lost at sea and presumed dead, but no body was ever recovered, and seven years have passed.
- A spouse whose partner went missing after a natural disaster seven years ago, with no evidence of survival.
What this section does not say
- It does not cover a spouse who has been missing for less than seven years; that period is required by the provision.
- It does not apply if there is credible evidence that the missing person is still alive, even if they have not contacted anyone.
- It does not automatically dissolve the marriage; a court order must be applied for and granted.
- It does not deal with inheritance or property rights of the missing person; those are handled by other laws.
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This page reproduces the text of MCA 1973 s. 19 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.