6References to spouse

6 References to spouse

(1) A reference in this Act, in relation to a date, to the spouse of a person shall be read as a reference to: (a) a person who, on that date, was legally married to the first‑mentioned person, except where, by virtue of a direction of the Secretary under subsection (2), the persons are to be treated, for the purposes of this paragraph, as if they were not spouses on that date; or (b) a person who, on that date, was living with the first‑mentioned person as husband or wife on a bona fide domestic basis although not legally married to that person. (2) Where the Secretary is satisfied that, on a particular date, persons who were legally married to each other were living apart and had no intention of resuming co‑habitation, he may direct that, for the purposes of paragraph (1)(a), they be treated as persons who were not spouses on that date.