Civil Partnership Act 2004

Separation orders

56 Separation 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 44(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 44(5)(a), (b), (c) or (d) it must, subject to section 63, make a separation order.

(4) Section 45 (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.

57 Effect 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 is continuing,

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