UPV Partner still married

[marcusm]

Hi
Can anyone advise on the following
DSPs state:

Previous marriage/civil partnership or similar relationship has permanently broken down
Each of the parties to the unmarried or same-sex partnership is required to provide evidence regarding any previous marital or other relationship akin to marriage/civil partnership they have had. They should be asked to specify how long ago the previous relationship was terminated, either by divorce/dissolved civil partnership or by separation.

My partner is still married but has been separated from her husband i.e living with me and having nothing to do with him for over 2 years.

Does separation apply when you are married OR if you are married do you HAVE to be divorced to qualify for a UPV?

Thanks[/quote]

[Decus et Tutamen]

To my mind, "permanently broken down" does not constitute having to be divorced, as long as it can be otherwise demonstrated that the parties to the marriage are separated, and have been for at least two years.

[vinny]

From your quote:

or by separation.