Separation ordersE+W
56Separation ordersE+W
(1)An application for a separation order may be made to the court by [F1either or both civil partners.]
[F2(1A)An application under subsection (1) must be accompanied by—
(a)if the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, or
(b)if the application is by both civil partners, a statement by them that they seek to be separated from one another.]
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(3)The court dealing with an application under subsection (1) must make a separation order.]
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 56(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(2), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
F2S. 56(1A) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(3), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
F3S. 56(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(4), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
F4S. 56(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(5), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
F5S. 56(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(6), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2
57Effect of separation orderE+W
If either civil partner dies intestate as respects all or any of his or her real or personal property while—
(a)a separation order is in force, and
(b)the separation is continuing,
the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.