Civil Partnership Act 2004 (c. 33)

Valid from 14/09/2005

Part 3 S Civil partnership: Scotland

Chapter 5 S Dissolution, separation and nullity

Dissolution and separation S

Valid from 05/12/2005

119 Effect of resumption of cohabitation S

(1) In an action to which paragraph (b) of section 117(3) relates, the irretrievable breakdown of a civil partnership is not to be taken to be established if, after the expiry of the period mentioned in that paragraph—

(a) the pursuer resumes cohabitation with the defender, and

(b) cohabits with the defender at any time after the end of a period of 3 months commencing with the date of such resumption.

(2) Subsection (1) is subject to section 118(2).

(3) In considering whether any period mentioned in paragraph (b), (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.