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Civil Partnership Act 2004
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Civil Partnership Act 2004, Section 179 is up to date with all changes known to be in force on or before 11 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 179:
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
179Separation ordersN.I.
This section has no associated Explanatory Notes
(1)An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) exists.
(2)On an application for a separation order the court must inquire, so far as it reasonably can, into—
(a)the facts alleged by the applicant, and
(b)any facts alleged by the respondent,
but whether the civil partnership has broken down irretrievably is irrelevant.
(3)If the court is satisfied on the evidence of any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) it must, subject to section 186, make a separation order.
(4)Section 169 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.
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