Commentary on Sections Part 4 – Civil Partnership: Northern Ireland.Introduction Chapter 2 – Dissolution, Nullity and Other Proceedings Section 179: Separation orders
342.This section allows for an application to be made for a separation order on the basis of the same facts as are required for an order for dissolution of a civil partnership. The court must inquire as far as possible into the facts alleged by the applicant and any facts put forward by his or her civil partner (referred to as the respondent for the purpose of the proceedings.) If the court is satisfied of the facts alleged it must make a separation order (subject to the provisions of section 186 relating to children). However it is irrelevant whether the civil partnership has broken down irretrievably.