Section 24 — Family Proceedings Act 1980: Discharge of separation order on resumption of cohabitation

24 Discharge of separation order on resumption of cohabitation (1) Subject to section 40 of this Act, a separation order shall cease to have any force or effect if— (a) The husband and the wife, or the civil union partners, with the free consent of both parties, have resumed cohabitation as husband and wife or as civil union partners; or (b) The order is discharged by the Court under section 25 of this Act. (2) Without limiting the provisions of paragraph (a) of subsection (1) of this section, the husband or wife, or either civil union partner, may apply to a Family Court for the discharge of the separation order on the ground that it has ceased to have effect under that paragraph, and, on proof that the order has ceased to have effect as aforesaid, the Court shall discharge the order. Compare: 1968 No 62 s 21 Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or the civil union partners, ” after the words “ and the wife ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or as civil union partners ” after the words “ husband and wife ” . Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or either civil union partner, ” after the words “ husband or wife ” .