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The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

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This is the original version (as it was originally made).

2.—(1) In a case to which section 168 of the Pension Act 1995(1) (war pensions for widows: effect of remarriage) or article 33(2) applies, for paragraph 1(4)(a) of this Schedule substitute “the date of termination of a marriage or civil partnership, the date of judicial separation of the parties to a marriage, the date of a separation order relating to a civil partnership or the date the claimant ceased to live with another as a spouse or as a civil partner”.

(2) In this paragraph—

(a)in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pension Act 1995;

(b)in relation to civil partners—

(i)the reference to the termination of a civil partnership is to the termination of a partnership by death, dissolution or annulment, and

(ii)the reference to a separation order includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom

and for those purposes a dissolution, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom.

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