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Matrimonial Causes Act 1973
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17 Judicial separation.E+W
[F1(1)Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage.
(1A)An application under subsection (1) must be accompanied by—
(a)if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or
(b)if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another.
(1B)The court dealing with an application under subsection (1) must make a judicial separation order.]
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Sections 6 and 7 above shall apply for the purpose of encouraging the reconciliation of parties to proceedings for [F3a judicial separation order] and of enabling the parties to a marriage to refer to the court for its opinion an agreement or arrangement relevant to actual or contemplated proceedings for [F3a judicial separation order], as they apply in relation to proceedings for [F4a divorce order].
Textual Amendments
F1S. 17(1)-(1B) substituted for s. 17(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(2), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2
F2S. 17(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(3), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2
F3Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(a), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2
F4Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(b), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2
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