Section 35 — Family Proceedings Act 1980: Evidence of death

35 Evidence of death In proceedings on an application under section 32 of this Act, the fact that for a period of not less than 7 years the party to the marriage or civil union in respect of whom the application has been made has been continuously absent from the applicant, and that nothing has happened within that time to give the applicant reason to believe that the other party was then living, shall be evidence that the other party is dead in the absence of proof to the contrary. Compare: 1963 No 71 s 19(3) Section 35 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” .