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Matrimonial Causes Act 1973
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18 Effects of judicial separation.E+W
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If while a decree of judicial separation [F2or judicial separation order] is in force and the separation is continuing either of the parties to the marriage dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.
(3)Notwithstanding anything in section 2(1)(a) of the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960, a provision in force under an order made, or having effect as if made, under that section exempting one party to a marriage from the obligation to cohabit with the other shall not have effect as a decree of judicial separation for the purposes of subsection (2) above.
Textual Amendments
F1S. 18(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(a) (with s. 8(5)); S.I. 2022/283, reg. 2
F2Words in s. 18(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(b) (with s. 8(5)); S.I. 2022/283, reg. 2
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