Section 40 — Family Proceedings Act 1980: Effect of resumption of cohabitation

40 Effect of resumption of cohabitation For the purposes of sections 24 and 39 of this Act, the parties to a marriage or civil union shall not be held to have ceased to live apart or to have resumed cohabitation by reason of having resumed cohabitation on one or more occasions for a period or periods not exceeding in the aggregate 3 months (whether or not there have been acts of sexual connection between the parties) where the Court is satisfied that reconciliation was the sole or principal motive for the resumption of cohabitation. Compare: 1963 No 71 s 26; 1968 No 60 s 3 Section 40 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 40 was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the word “ connection ” for the word “ intercourse ” .