Civil partnership: dissolution and separation

5Separation: removal of factual grounds

(1)

Section 56 of the Civil Partnership Act 2004 (separation orders) is amended as follows.

(2)

In subsection (1), for the words from “either civil partner” to the end substitute “ either or both civil partners. ”

(3)

After subsection (1) insert—

“(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.”

(4)

Omit subsection (2).

(5)

For subsection (3) substitute—

“(3)

The court dealing with an application under subsection (1) must make a separation order.”

(6)

Omit subsection (4).