Judicial Separation and Family Law Reform Act, 1989
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Order extinguishing succession rights. |
17.—(1) On granting a decree of judicial separation, or at any time thereafter, the court shall, on the application of either spouse, consider whether it should make an order extinguishing the share that either spouse would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the Succession Act, 1965 . | |
(2) The court shall make an order extinguishing the share that a spouse would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the said Act of 1965 if— | ||
(a) it is satisfied, having regard to the provisions of section 20 , that adequate and reasonable provision of a permanent nature has been made to provide for the future security of the spouse whose succession rights are in question, or | ||
(b) it is satisfied, having regard to the provisions of section 20 , that the case is not one where provision of a permanent nature requires to be made for the future security of the spouse whose succession rights are in question, or | ||
(c) the spouse whose succession rights are in question is not a spouse for the support of whom the court, having had regard to the provisions of section 20 (including subsections (2) (i) and (3)) made an order under section 14 , 15 or 16 (a), or | ||
(d) it is satisfied that the spouse whose succession rights are in question is not a spouse for the support of whom the court would, having regard to the provisions of section 20 (including subsections (2) (i) and (3)), make an order under section 14 , 15 or 16 (a) if an application were made to it in that regard. |