Section 26 — Family Proceedings Act 1980: Effect of separation order on property rights

26 Effect of separation order on property rights (1) If, while a separation order is in force, either spouse or civil union partner dies intestate as to any property, that property shall devolve as if the survivor had predeceased the intestate. (2) Notwithstanding subsection (1) of this section,— (a) In any case to which that subsection applies the High Court, on the application of the survivor made within the time specified in the Family Protection Act 1955 in relation to applications under that Act, may, at its discretion, order that such provision as the Court thinks fit shall be made for the survivor out of the estate of the deceased spouse or civil union partner; and (b) The provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every application under this subsection. Compare: 1968 No 62 s 24(2)-(3) Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse or civil union partner ” for the words “ the husband or wife ” . Subsection (2)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse or civil union partner ” for the words “ husband or wife ” .