Part 4Civil partnership: Northern Ireland

Chapter 2Dissolution, nullity and other proceedings

Separation orders

179Separation orders

1

An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) exists.

2

On an application for a separation order the court must inquire, so far as it reasonably can, into—

a

the facts alleged by the applicant, and

b

any facts alleged by the respondent,

but whether the civil partnership has broken down irretrievably is irrelevant.

3

If the court is satisfied on the evidence of any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) it must, subject to section 186, make a separation order.

4

Section 169 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.

180Effect of separation order

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 order is continuing,

the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.