Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(3) In any proceedings in relation to an attachment of earnings order, a statement given to the court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) is admissible as evidence of the facts stated in it and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.

57. Notification of changes of employment and earnings.

57.— Where an attachment of earnings order is in force—

(a) the maintenance debtor shall notify in writing the court that made the order of every occasion on which he or she leaves employment, or becomes employed or re-employed, not later than 10 days after doing so,

(b) the maintenance debtor shall, on any occasion on which he or she becomes employed or re-employed, include in the notification particulars of his or her earnings and expected earnings, and

(c) any person who becomes an employer of the maintenance debtor and who knows that the order is in force and by which court it was made shall, within 10 days of the later of the date of becoming an employer of the maintenance debtor and the date of acquiring the knowledge, notify the court in writing that he or she has become such an employer, and include in the notification a statement of the debtor’s earnings and expected earnings.

58. Power to determine whether particular payments are earnings.

58.— (1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor’s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.

(2) Where an application is made by the employer under subsection (1), the employer is not liable for non-compliance with the order as respects any payments or portions of payments of the class or description specified by the application that he or she makes while the application, a determination in relation to it or an appeal from the determination is pending.

(3) Subsection (2) does not apply if the employer subsequently withdraws the application or abandons the appeal.

59. Persons in service of State, local authority, etc.

59.— (1) This section applies when a maintenance debtor is in the service of the State, a local authority within the meaning of the Local Government Act 1941, a harbour authority within the meaning of the Harbours Acts 1946 to 2005, the Health Service Executive, F25[an education and training board], a committee of agriculture established by the Agriculture Act 1931, or another body if his or her earnings are paid directly out of moneys paid by the Oireachtas or from the Central Fund, or is a member of either House of the Oireachtas.

(2) For the purposes of this Part, the following officers are regarded as being the employers of the maintenance debtor and the earnings paid to the maintenance debtor out of the Central Fund or out of moneys provided by the Oireachtas are regarded as having been paid by them:

(a) in the case where the maintenance debtor is employed in a department, office, organisation, service, undertaking or other body, its chief officer, or any other officer that may be designated from time to time by the Minister of the Government by whom that body is administered;

(b) in the case where the maintenance debtor is in the service of an authority or body, its chief officer; and

(c) in any other case, where the maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance or any other officer that may be designated from time to time by the Minister for Finance.

(3) A question that arises in proceedings for or arising out of an attachment of earnings order as to which body employs a maintenance debtor may be referred to and determined by the Minister for Finance, but he or she is not obliged to consider the reference unless it is made by the court.

(4) A document purporting to contain a determination by the Minister for Finance under subsection (3) and to be signed by an officer of that Minister shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.

60. Discharge, variation and lapse of attachment of earnings order.

60.— (1) The court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.

(2) The employer on whom an order varying an attachment of earnings order is served shall comply with it but is not liable for non-compliance before 10 days have elapsed since the service.

(3) If an employer affected by an attachment of earnings order ceases to be the maintenance debtor’s employer, the order lapses insofar as that employer is concerned, except as respects deductions from earnings paid by the employer after the cesser and payment to the maintenance creditor of deductions from earnings made at any time by that employer.

(4) The lapse of an order under subsection (3) does not prevent its remaining in force for other purposes.

61. Cesser of attachment of earnings order.

61.— (1) An attachment of earnings order ceases to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.

(2) The clerk or registrar of the court that made the attachment of earnings order shall give notice of a cesser to the employer.

62. Other remedies.

62.— (1) Where an attachment of earnings order has been made, any proceedings commenced under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.

(2) An attachment of earnings order ceases to have effect on the making of an order under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.

63. Enforcement.

63.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the District Court clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by—

(a) a person failing, without reasonable excuse, to comply with section 54(3) or (4), or 57, or an order under section 56 or 60(2), or

(b) a person, without reasonable excuse, giving a false or misleading statement under section 56(1) or notification under section 57.

(2) A person who gives to a court a statement pursuant to section 56 or a notification under section 57 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to F26[a class C fine] or to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 54(5) commits an offence and is liable on summary conviction to F27[a class E fine].

PART 7 Miscellaneous Provisions Relating to Parts 5 and 6

64. Payments without deduction of income tax.

64.— A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 48 (insofar as it is deemed to be a maintenance order) or an attachment of earnings order shall be made without deduction of income tax.

65. Amendment of the Enforcement of Court Orders Act 1940.

65.— The references in sections 8(1) and (7) of the Enforcement of Court Orders Act 1940 (as amended by section 29 of the Family Law (Maintenance of Spouses and Children) Act 1976, section 22 of the Family Law Act 1995 and section 30 of the Family Law (Divorce) Act 1996) to an order shall be construed as including references to an antecedent order.

66. Property in household allowance.

66.— An allowance made by one civil partner to the other for the purpose of meeting household expenses, and any property or interest in property that was acquired out of the allowance, belong to the civil partners as joint owners, in the absence of any express or implied agreement between them to the contrary.

67. Voidance of certain provisions of agreements.

67.— An agreement between civil partners is void to the extent to which it would have the effect of excluding or limiting the operation of any provision in Part 5or Part 6.

67A. F28[Birth and funeral expenses of dependent child

67A.—(1) The court may make an order (in this section referred to as a "lump sum order") where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—

(a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,

(b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,

and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding€4,000, but no such order shall direct the payment of an amount exceeding€2,000 in respect of the birth of a child to whom this section relates or€2,000 in respect of the funeral of such a child.

(2)Subsection (3)ofsection 45shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.

(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.

(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.]

PART 8 Succession

68. Interpretation.

68.— In this Part, “Act of 1965” means the Succession Act 1965.

69. Amendment of section 3 of Act of 1965.

69.— Section 3(1) of the Act of 1965 is amended—

(a) by inserting the following definition:

“‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

and

(b) by substituting the following for the definition of “legal right”:

“‘legal right’ means—

(a) the right of a spouse under section 111 to a share in the estate of a deceased person, and

(b) the right of a civil partner under section 111A to a share in the estate of a deceased person;”.

70. Amendment of section 56 of Act of 1965.

70.— Section 56 of the Act of 1965 is amended—

(a) by inserting “or civil partner” after “spouse” wherever it appears, and

(b) in subsections (9), (10) and (12) by replacing “the spouse’s” with “his or her” wherever it appears.

71. Amendment of section 58 of Act of 1965.

71.— Section 58(6) of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

72. Amendment of section 67 of Act of 1965.

72.— Section 67 of the Act of 1965 is amended—

(a) in subsection (2)(b), by substituting “section 67B(2)” for “subsection (4)”, and

(b) by repealing subsections (3) and (4).

73. Insertion of new sections in Act of 1965.

73.— The Act of 1965 is amended by inserting the following after section 67:

“Shares of surviving civil partner and issue.

67A.— (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.

(2) If an intestate dies leaving a civil partner and issue—

(a) subject to subsections (3) to (7), the civil partner shall take two-thirds of the estate; and

(b) the remainder shall be distributed among the issue in accordance with section 67B(2).

(3) The court may, on the application by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of the intestate’s estate only if the court is of the opinion that it would be unjust not to make the order, after considering all the circumstances, including—

(a) the extent to which the intestate has made provision for that child during the intestate’s lifetime,

(b) the age and reasonable financial requirements of that child,

(c) the intestate’s financial situation, and

(d) the intestate’s obligations to the civil partner.

(4) The court, in ordering provision of an amount under subsection (3) shall ensure that—

(a) the amount to which any issue of the intestate is entitled shall not be less than that to which he or she would have been entitled had no such order been made, and

(b) the amount provided shall not be greater than the amount to which the applicant would have been entitled had the intestate died leaving neither spouse nor civil partner.

(5) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.

(6) The costs in the proceedings shall be at the discretion of the court.

(7) An order under this section shall not be made except on an application made within 6 months from the first taking out of representation of the deceased’s estate.

Share of issue where no surviving spouse or surviving civil partner.

67B.— (1) If an intestate dies leaving issue and no spouse or civil partner, the estate shall be distributed among the issue in accordance with subsection (2).

(2) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.”.

74. Amendment of section 68 of Act of 1965.

74.— Section 68 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

75. Amendment of section 69 of Act of 1965.

75.— Section 69 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse” wherever it appears.

76. Amendment of section 70 of Act of 1965.

76.— Section 70 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

77. Amendment of section 82 of Act of 1965.

77.— Section 82(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

78. Amendment of section 83 of Act of 1965.

78.— Section 83 of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

79. Amendment of section 85 of Act of 1965.

79.— Section 85(1) of the Act of 1965 is amended by inserting “or entry into a civil partnership” after “marriage” wherever it appears.

80. Amendment of section 109 of Act of 1965.

80.— Section 109(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

81. Insertion of section 111A in Act of 1965.

81.— The Act of 1965 is amended by inserting the following section after section 111:

“Right of surviving civil partner.

111A.— (1) If the testator leaves a civil partner and no children, the civil partner shall have a right to one-half of the estate.

(2) Subject to section 117(3A), if the testator leaves a civil partner and children, the civil partner shall have a right to one-third of the estate.”.

82. Amendment of section 112 of Act of 1965.

82.— Section 112 of the Act of 1965 is amended by inserting “or the right of a civil partner under section 111A” after “section 111”.

83. Insertion of section 113A in Act of 1965.

83.— The Act of 1965 is amended by inserting the following section after section 113:

“Renunciation of legal right.

113A.— The legal right of a civil partner may be renounced in an ante-civil-partnership-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration and during the lifetime of the testator.”.

84. Amendment of section 114 of Act of 1965.

84.— Section 114 of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

85. Amendment of section 115 of Act of 1965.

85.— Section 115 of the Act of 1965 is amended—

(a) by inserting “or civil partner” after “spouse” wherever it appears, and

(b) in subsection (5), by inserting “or civil partner’s” after “spouse’s”.

86. Amendment of section 117 of Act of 1965.

86.— Section 117 of the Act of 1965 is amended by inserting the following subsection after subsection (3):

“(3A) An order under this section shall not affect the legal right of a surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

87. Amendment of section 120 of Act of 1965.

87.— Section 120 of the Act of 1965 is amended—

(a) by inserting the following subsection after subsection (2):

“(2A) A deceased’s civil partner who has deserted the deceased is precluded from taking any share in the deceased’s estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.”,

(b) by inserting the following subsection after subsection (3):

“(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).”,

(c) in subsection (4), by inserting “or civil partner” after “spouse”.

88. Amendment of section 121 of Act of 1965.

88.— Section 121 of the Act of 1965 is amended in subsections (2), (5) and (7) by inserting “or civil partner” after “spouse” wherever it appears.

89. Amendment of section 45 of Statute of Limitations 1957.

89.— Section 45(1) of the Statute of Limitations 1957, as inserted by the Succession Act 1965, is amended by inserting “or section 111A” after “section 111”.

PART 9 Domestic Violence

90. Interpretation.

90.— In this Part, “Act of 1996” means the Domestic Violence Act 1996.

91. Amendment of section 1 of Act of 1996.

91.— Section 1(1) of the Act of 1996 is amended by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010 and includes a person who was a civil partner in a partnership that has been dissolved under that Act;”.

92. Amendment of definition of “the applicant” in section 2 of Act of 1996.

92.— The definition “the applicant” in section 2(1)(a) of the Act of 1996 is amended by inserting the following subparagraph after subparagraph (i):

“(ia) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

93. Amendment of section 3 of Act of 1996.

93.— Section 3(1) of the Act of 1996 is amended by inserting the following paragraph after paragraph (a):

“(aa) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

94. Insertion of section 8A of Act of 1996.

94.— The Act of 1996 is amended by inserting the following section after section 8:

“Application of orders restricting disposal or removal of household chattels.

8A.— (1) Section 34(2) (which restricts the right of a civil partner to dispose of or remove household chattels) of the Act of 2010 shall apply between the making of an application against the civil partner of the applicant for a barring order or a safety order and its determination, and if an order is made, while the order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.

(2) A court which is empowered under section 34(2)(b)of the Act of 2010 to grant permission for any disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings (including any proceedings for a barring order or a safety order) have been instituted.”.

95. Amendment of section 9 of Act of 1996.

95.— Section 9(2) of the Act of 1996 is amended by inserting the following paragraph after paragraph (c):

“(cc) an order under section 30, 34 or 45 of the Act of 2010;”.

96. Amendment of section 13 of Act of 1996.

96.— Section 13(2) of the Act of 1996 is amended by inserting “or any annulment or dissolution proceedings under the Act of 2010,” after “matrimonial cause or matter”.

PART 10 Miscellaneous Consequences of Civil Partnership Registration

97. Ethics and conflict of interests.

97.— (1) For the purposes of determining matters concerning ethics and conflicts of interests under any rule of law or enactment—

(a) with respect to a person, a reference to a “connected per son” or a “connected relative” of that person shall be construed as including the person’s civil partner and the child of the person’s civil partner who is ordinarily resident with the person and the civil partner, and

(b) a declaration that must be made in relation to a spouse of a person shall also be made in relation to a civil partner of a person.

(2) Without limiting the generality of subsection (1), the Acts specified in Part 1 of the Schedule are amended as indicated in that Schedule.

98. Amendment of Mental Health Act 2001.

98.— (1) In this section, “Act of 2001” means the Mental Health Act 2001.

(2) Section 2(1) of the Act of 2001 is amended by inserting the following definition:

“‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(3) Section 9 of the Act of 2001 is amended—

(a) in paragraph (1)(a), by inserting “or civil partner” after “spouse”,

(b) in paragraphs (2)(b) and (f), by inserting “or civil partner” after “spouse”, and

(c) in subsection (8), by inserting the following definition:

“‘civil partner’ in relation to a person, does not include a civil partner of the person who is living separately and apart from the person or in respect of whom an application or order has been made under the Domestic Violence Acts 1996 and 2002 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(4) Section 10(3)(c) of the Act of 2001 is amended by inserting “, a civil partner” after “spouse”.

(5) Section 14(3)(a) of the Act of 2001 is amended by inserting “, a civil partner” after “spouse”.

(6) Section 24(1) of the Act of 2001 is amended by inserting “, civil partner” after “spouse”.

99. Pensions.

99.— (1) A benefit under a pension scheme that is provided for the spouse of a person is deemed to provide equally for the civil partner of a person.

(2) Without limiting the generality of subsection (1), the Acts specified in Part 2 of the Schedule are amended as indicated in that Schedule.

(3) In this section “pension scheme” has the meaning assigned to it by section 109.

100. Amendment of the Pensions Act 1990.

100.— The Pensions Act 1990 is amended—

(a) in section 65(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by deleting the definition of “marital status” and inserting the following definition:

“‘civil status’ means civil status within the meaning of the Civil Registration Act 2004 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

(b) in section 66(2)(a)(ii) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” in subparagraph (a)(ii),

(c) in section 66(2)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears,

(d) in section 67(1)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears,

(e) in section 72 (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears, and

(f) in section 75(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status”.

101. Amendment of Criminal Damage Act 1991.

101.— Section 1 of the Criminal Damage Act 1991 (as amended by the Family Law (Divorce) Act 1996) is amended by inserting the following subsection after subsection (3):

“(3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2, 3(a) or 4(a) if—

(a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and

(b) the person charged—

(i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and

(ii) is the subject of a protection order or barring order or is excluded from the home pursuant to an order under the Domestic Violence Act 1996 as amended by Part 9 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or another order of a court.”.

102. Amendment of Employment Equality Act 1998.

102.— (1) In this section, “Act of 1998” means the Employment Equality Act 1998.

(2) Section 2(1) of the Act of 1998 is amended—

(a) by inserting the following definition:

“‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;”;

(b) by deleting the definition “marital status”; and

(c) by inserting, in paragraphs (a) and (b) of the definition “member of the family”, “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

(3) The Act of 1998 is amended by substituting “civil status” for “marital status” wherever it appears.

103. Amendment of Equal Status Act 2000.

103.— (1) In this section, “Act of 2000” means the Equal Status Act 2000.

(2) Section 2(1) of the Act of 2000 is amended—

(a) by inserting the following definition:

“‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;”,

(b) by deleting the definition “marital status”, and

(c) by inserting, in the definition “near relative”, “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

(3) The Act of 2000 is amended by substituting “civil status” for “marital status” wherever it appears.

104. Amendment of Powers of Attorney Act 1996.

104.— (1) In this section, “Act of 1996” means the Powers of Attorney Act 1996.

(2) Section 5 of the Act of 1996 is amended—

(a) by inserting, in subsection (4)(b), “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”, and

(b) by inserting the following subsection after subsection (7):

“(7A) An enduring power in favour of a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall, unless the power provides otherwise, be invalidated or, as the case may be, cease to be in force if subsequently—

(a) a decree of nullity or a decree of dissolution of the civil partnership is granted or recognised under the law of the State,

(b) a written agreement to separate is entered into between the civil partners, or

(c) a protection order, interim barring order, barring order or safety order is made against the attorney on the application of the donor, or vice versa.”.

(3) Section 6(7)(b)(iii)(II) of the Act of 1996 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

(4) The First Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3(1)(a):

“(aa) the donor’s civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(5) Part I of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 2A (inserted by the Family Law (Divorce) Act 1996):

“2B. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.

(6) Part II of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3:

“4. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.

105. Amendment of Civil Liability Act 1961.

105.— Paragraph (a) of the definition “dependant” in section 47(1) (as amended by section 1(1) of the Civil Liability (Amendment) Act 1996) of the Civil Liability Act 1961 is amended by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

106. Determination of questions between civil partners in relation to property.

106.— (1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.

(2) The court may, on application to it under subsection (1)—

(a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and

(b) direct the inquiries, and give the other directions, it considers proper in relation to the application.

(3) A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.

(4) The conditions for an application under subsection (3) are:

(a) the applicant claims that the other civil partner has possessed or controlled—

(i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or

(ii) property other than money to which, or to an interest in which, the applicant was beneficially entitled;

and

(b) the money or the property has ceased to be in the possession or under the control of the other civil partner or the applicant does not know whether it is still in the possession or under the control of the other civil partner.

(5) If the court is satisfied on an application under subsections (1)and (3) of the matters specified in subsection (6), the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of that order, make an order requiring the other civil partner to pay to the applicant—

(a) a sum in respect of the money to which the application relates, or the applicant’s proper share of it, or

(b) a sum in respect of the value of the property other than money, or the applicant’s proper share of it.

(6) For the purposes of subsection (5), the court must be satisfied that—

(a) the other civil partner possesses or controls, or has possessed or controlled, money or other property referred to in subsection (4)(a)(i) or (ii), and

(b) the other civil partner has not made to the applicant a payment or disposition other than a testamentary disposition that would have been appropriate in the circumstances.

(7) A person (other than the applicant or the other civil partner) who is a party to proceedings under this section shall be treated as a stakeholder only, for the purposes of costs or any other matter.

(8) In this section, references to a civil partner include references to—

(a) a personal representative of a deceased civil partner, and

(b) either of the parties to a void civil partnership, whether or not it has been the subject of a decree of nullity granted under section 107.

PART 11 Nullity of Civil Partnership

107. Grant of decree of nullity.

107.— On application to it in that behalf by either of the civil partners or by another person who, in the opinion of the court, has sufficient standing in the matter, the court may grant a decree of nullity if satisfied that at the time the civil partners registered in a civil partnership—

(a) either or both of the parties lacked the capacity to become the civil partner of the other for any reason, including—

(i) either or both of the parties was under the age of eighteen years,

(ii) either or both of the parties was already a party to a valid marriage, and

(iii) either or both of the parties was already registered in a relationship with another person which was entitled to be recognised as a civil partnership in the State in accordance with section 5 and which had not been dissolved,

(b) the formalities for the registration of the civil partnership were not observed,

(c) either or both of the parties did not give free and informed consent to the civil partnership registration for any reason, including—

(i) the consent was given under duress,

(ii) the consent was given under undue influence,

(iii) the party or parties did not intend, at the time of the registration, to accept the other as a civil partner in accordance with the law, and

(iv) either or both of the parties was unable to give informed consent, as attested by a consultant psychiatrist within the meaning of section 2(1) of the Mental Health Act 2001,

(d) the parties were within the prohibited degrees of relationship within the meaning of the Third Schedule to the Civil Registration Act 2004 (as inserted by section 26 of this Act), or

(e) the parties were not of the same sex.

108. Effect of decree of nullity.

108.— (1) Where the court grants a decree of nullity, the civil partnership is declared not to have existed and either civil partner may register in a new civil partnership or marry.

(2) The rights of a person who relied on the existence of a civil partnership which is subsequently the subject of a decree of nullity are not prejudiced by that decree.

108A. F29[Custody of dependent children of civil partners after decree of nullity

108A.—Where the court grants a decree of nullity, it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.]

PART 12 Dissolution of Civil Partnership

109. Definitions, etc.

109.— (1) In this Part—

F30["Act of 1964" means theGuardianship of Infants Act 1964;]

“court” shall be construed in accordance with section 140;

“decree of dissolution” means a decree under section 110;

“decree of nullity” means a decree granted by a court under section 107 declaring a civil partnership to be void;

“financial compensation order” means an order under section 120;

“lump sum order” means an order under F31[paragraph (c)or(ca)ofsection 117(1)]

“maintenance pending suit order” means an order under section 116;

“member” in relation to a pension scheme, means a person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;

“pension adjustment order” means an order under sections 121to 126;

“pension scheme” means—

(a) an occupational pension scheme within the meaning of the Pensions Act 1990,

(b) an annuity contract approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997, or a contract so approved under section 785 of that Act,

(c) a trust scheme, or part of a trust scheme, approved under section 784(4) or 785(5) of the Taxes Consolidation Act 1997,

(d) a policy or contract of assurance approved by the Revenue Commissioners under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997, or

(e) another scheme or arrangement, including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts, that provides or is intended to provide either or both of the following:

(i) benefits for a person who is a member of the scheme or arrangement upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving or upon the ceasing of the relevant employment, and

(ii) benefits for the widow, widower or dependants of the person referred to in subparagraph (i), for his or her civil partner or the person that was his or her civil partner until the death of the person referred to in subparagraph (i) or for any other persons, on the death of that person;

“periodical payments order” means an order under F31[paragraph (a)or(aa)ofsection 117(1)];

“property adjustment order” means an order under section 118;

“secured periodical payments order” means an order under F31[paragraph (b)or(ba)ofsection 117(1)];

“shared home” has the meaning assigned to it in Part 4, with the modification that the references to a civil partner in that Part shall be construed as references to a civil partner within the meaning of this Part;

“trustees”, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not established under a trust, means the persons who administer the scheme.

(2) In this Part, where the context so requires—

(a) a reference to a civil partnership includes a reference to a civil partnership that has been dissolved under this Part,

(b) a reference to a registration in a new civil partnership includes a reference to a registration in a civil partnership that takes place after a civil partnership that has been dissolved F31[under this Part,]

(c) a reference to a civil partner includes a reference to a person who was a civil partner in a civil partnership that has been dissolved F31[under this Part, and]

F30[(d) a reference to an application to a court by a person on behalf of a dependent child of the civil partners includes a reference to such an application by such a child and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent child of the civil partners includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a child.]

109A. F32[Dissolution of civil partnership on marriage

109A.—Notwithstanding any provision of this Part, a civil partnership subsisting between two persons immediately before their marriage to each other shall stand dissolved on and from the date of that marriage.]

110. Grant of decree of dissolution.

F33[110.—(1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that—

(a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and

(b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.

F34[(1A) For the purposes of this section—

(a) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the civil partners do not live together as a couple in an intimate and committed relationship, and

(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.]

(2) Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section.]

110A. F36[Joint application for ancillary orders

110A.—...]

111. Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.

111.— (1) The court may adjourn or further adjourn proceedings under section 110 at any time for the purpose of enabling the civil partners to attempt, if they both so wish, with or without the assistance of a third party—

(a) to reconcile, or

(b) to reach agreement on some or all of the terms of the proposed dissolution.

(2) Either or both of the civil partners may at any time request that the hearing of proceedings adjourned under subsection (1) be resumed as soon as may be and, if that request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.

(3) The powers conferred by this section are additional to any other power of the court to adjourn proceedings.

(4) The court may, at its discretion when adjourning proceedings under this section, advise the civil partners to seek the assistance of a mediator or other third party in relation to the civil partners’ proposed reconciliation or reaching of an agreement between them on some or all of the terms of the proposed dissolution.

112. Non-admissibility as evidence of certain communications.

112.— The following are not admissible as evidence in any court:

(a) an oral or written communication between either of the civil partners and a third party, whether or not made in the presence or with the knowledge of the other civil partner, for the purpose of—

(i) seeking assistance to effect a reconciliation, or

(ii) reaching agreement between them on some or all of the terms of a dissolution;

and

(b) any record of such a communication, made or caused to be made by either of the civil partners concerned or the third party.

113. Effect of decree of dissolution.

113.— F37[(1)] Where the court grants a decree of dissolution, the civil partnership is thereby dissolved and either civil partner may register in a new civil partnership or marry.

F37[(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.]

114. Interpretation.

114.— An order made under any of sections 115 to 128 that refers to a civil partner shall be construed as including a person who was a civil partner until the dissolution of the civil partnership under this Part.

115. Preliminary orders in proceedings for dissolution.

115.— Where an application is made to the court for the grant of a decree of dissolution, the court, before deciding whether to grant or refuse to grant the decree may, in the same proceedings and without the institution of proceedings under any other Act, if it appears to the court to be proper to do so, make one or more of the following orders:

F38[(a) a safety order, barring order, interim barring order or protection order under the Domestic Violence Act 2018;]

(b) an order under section 30 F39[orsection 34; and]

F40[(c) an order under section 11 of the Act of 1964.]

116. Maintenance pending suit orders.

116.— F41[(1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of any dependent child of the civil partners that the court considers proper and specifies in the order.]

(2) Periodical payments ordered under subsection (1) may be for the period beginning not earlier than the date of the application and ending not later than the date of its determination that the court specifies in the order.

F42[(3) The court may provide that payments under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.]

117. Periodical payments and lump sum orders.

117.— (1) On granting a decree of dissolution or at any other time after granting the decree, the court, on application to it in that behalf F43[by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:

(a) an order that either of the civil partners make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order;

F44[(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;]

(b) an order that either of the civil partners secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that F43[may be specified in the order;]

F44[(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;]

(c) an order that either of the civil partners make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that F43[may be specified in the order; and]

F44[(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.]

F45[(2) The court may order a civil partner to pay a lump sum—

(a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order undersubsection (1), or

(b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order undersubsection (1).]

(3) An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of the amounts that may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.

(4) The period specified in an order under subsection (1) (a) or (b) shall begin not earlier than the date of the application for the order and shall end not later than the death of the first civil partner to die.

F46[(4A) The period specified in an order undersubsection (1)(aa)or(ba)shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.]

(5) An order made under subsection (1) (a)or(b) ceases to have effect on the date of entry into a new civil partnership or marriage of the civil partner in whose favour the order was made, except as respects payments due under it on that date.

(6) The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.

(7) The court that makes an order under F47[paragraph (a)or(aa)ofsubsection (1)] shall, in the same proceedings, make an attachment of earnings order under Part 6 to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the civil partner ordered to make payments under that subsection, that—

(a) the order is desirable to secure payments under an order under F47[paragraph (a)or(aa)ofsubsection (1)] and any variations and affirmations of that order, and

(b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.

118. Property adjustment orders.

118.— (1) On granting a decree of dissolution or at any other time after the decree is granted, the court, on application to it in that behalf by F48[either of the civil partners or by a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:

(a) an order transferring specified property in which a civil partner has an interest either in possession or reversion from that civil partner F48[to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child];

(b) an order settling specified property in which a civil partner has an interest either in possession or reversion for the benefit F48[of the other and of any dependent child of the civil partners or any or all of those persons], to the satisfaction of the court;

(c) an order varying an ante-registration or post-registration settlement made by the civil partners, including one made by will or codicil, for the benefit of F48[one of the civil partners and of any dependent child of the civil partners or any or all of those persons]; and

(d) an order extinguishing or reducing the interest of either of the civil partners under such a settlement.

(2) An order under subsection (1) (b), (c)or (d)may restrict to a specified extent or may exclude the application of section 131 in relation to the order.

(3) If, after the grant of the decree of dissolution, either of the civil partners registers in a new civil partnership or marries, the court shall not make an order under subsection (1) in favour of that civil partner.

(4) The registrar or clerk of the court that makes an order under subsection (1) in relation to land shall lodge with the Property Registration Authority a copy of the order certified to be a true copy for registration in the Registry of Deeds or Land Registry, as appropriate.

(5) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with—

(a) cancel the entry made in the register under the Registration of Title Act 1964, or

(b) note compliance with the order in the Registry of Deeds.

(6) The court may order a person other than the person directed by an order under subsection (1) to execute a deed or instrument in the name of the person who had been directed to do so if—

(a) that person refuses or neglects to comply with the direction, or

(b) the court considers it necessary to do so for another reason.

(7) A deed executed by a person in the name of another person pursuant to an order under subsection (6) is as valid as if it had been executed by the person who had been originally directed to do so.

(8) The court may determine the manner in which the costs incurred in complying with an order under this section are to be borne, including by one or the other of the civil partners or by both of them in the proportions that the court may determine.

(9) This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.

119. Miscellaneous ancillary orders.

119.— (1) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by F49[either of the civil partners or a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:

(a) an order providing for the conferral on one civil partner, either for life or for another specified definite or contingent period that the court may specify, of the right to occupy the shared home to the exclusion of the other civil partner;

(b) an order directing the sale of the shared home subject to the conditions that the court considers proper and providing for the disposition of the proceeds of the sale between the civil partners and any other person with an interest in it;

(c) an order under section 30, 33, 34 or 106;

F50[(d) an order under the Domestic Violence Act 2018;]

F49[(e) an order undersection 31of theLand and Conveyancing Law Reform Act 2009; and]

F51[(f) an order under section 11 of the Act of 1964.]

(2) The court, in exercising its jurisdiction under subsection (1) (a) or (b) shall have regard to the F49[welfare of the civil partners and any dependent child of the civil partners] and, in particular, shall take into consideration—

(a) that, where a decree of dissolution is granted, it is not possible for the civil partners to reside together, and

(b) that proper and secure accommodation should, where practicable, be provided for a civil partner who is wholly or mainly dependent on the F49[other civil partner and for any dependent child of the civil partners].

(3) Subsections (1) (a)and (b) do not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.

120. Financial compensation orders.

120.— (1) If the court is of the view that one of the reasons set out in subsection (2) exists, the court, on application to it F52[in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners], during the lifetime of either of the civil partners, may make, on granting a decree of dissolution or at any time after granting it, one or more of the following orders:

F52[(a) an order, on the application of either of the civil partners, requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner or a dependent child of the civil partners;]

F53[(aa) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either of the civil partners to effect such a policy of life insurance for the benefit of the dependent child;]

F52[(b) an order, on the application of one civil partner, requiring the other civil partner to assign to the applicant civil partner, or to such person as may be specified in the order for the benefit of a dependent child of the civil partners, the whole or a specified part of the interest in a policy of life insurance that the other civil partner has effected or that both of the civil partners have effected;]

F53[(ba) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either civil partner or both civil partners to assign to a person specified in the order for the benefit of the dependent child of the civil partners the whole or a specified part of the interest in a policy of life insurance that either civil partner has effected or that both of the civil partners have effected; and]

F52[(c) an order—

(i) on the application of a civil partner, requiring the other civil partner, or

(ii) on the application of a person on behalf of a dependent child of the civil partners, requiring either or both of the civil partners,

to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.]

(2) The reasons referred to in subsection (1) are:

(a) the financial security of the F54[applicant civil partner or the dependent child of the civil partners] can be provided for if the order is made; and

(b) the forfeiture by the F54[applicant civil partner or the dependent child of the civil partners, as the case may be,] of the opportunity of acquiring a benefit (for example a benefit under a pension scheme) by reason of the decree of dissolution can be compensated wholly or partly by making the order.

(3) The court may make an order under subsection (1) in addition to or in substitution in whole or in part for orders under sections 117 , 118 , 119 or 121 and, in deciding whether or not to make the order, the court shall have regard to whether proper provision, having regard to the circumstances, exists, or can be made, F54[for the civil partner concerned or any dependent child of the civil partners concerned] by orders under those sections.

(4) An order made under subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or F54[death of the applicant civil partner in whose favour the order was made in so far as it relates to him or her].

(5) The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.

(6) An order under section 131 in relation to an order made under subsection (1) (a)or (b) may make the provision that the court considers appropriate in relation to the disposal of—

(a) an amount representing any accumulated value of the insurance policy effected pursuant to the order under subsection (1) (a), or

(b) the interest or part of the interest to which the order under subsection (1) (b) relates.

121. Pension adjustment orders.

121.— (1) In this section and sections 122 to 126—

“Act of 1990” means the Pensions Act 1990;

“active member” in relation to a scheme, means a member of the scheme who is in reckonable service;

“actuarial value” means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of the benefit) under a scheme calculated by reference to appropriate financial assumptions and making due allowance for the probability of survival to normal pensionable age and beyond in accordance with normal life expectancy on the assumption that the member, at the effective date of calculation, is in a normal state of health having regard to his or her age;

“approved arrangement”, in relation to the trustees of a scheme, means an arrangement whereby the trustees, on behalf of the person for whom the arrangement is made, effect policies or contracts of insurance that are approved of by the Revenue Commissioners with, and make the appropriate payments under the policies or contracts to, one or more undertakings;

“contingent benefit” means a benefit payable under a scheme, other than a payment under section 123 (4), to or for the benefit of the surviving civil partner, any dependants of the member civil partner or the personal representative of the member civil partner, if the member civil partner dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme;

“defined contribution scheme” has the meaning assigned to it by section 2(1) (as amended by section 29(1)(a)(ii) of the Social Welfare and Pensions Act 2008) of the Act of 1990;

“designated benefit” in relation to a pension adjustment order, means an amount determined by the trustees of a scheme, in accordance with relevant guidelines and by reference to the period and the percentage of the retirement benefit specified in an order under subsection (2);

“member civil partner” in relation to a scheme, means a civil partner who is a member of the scheme;

“normal pensionable age” means the earliest age at which a member of a scheme is entitled to receive benefits under the rules of the scheme on retirement from relevant employment, disregarding any rules providing for early retirement on grounds of ill health or otherwise;

“occupational pension scheme” has the meaning assigned to it by section 2(1) of the Act of 1990;

“reckonable service” means service in relevant employment during membership in any scheme;

“relevant guidelines” means any relevant guidelines for the time being in force under section 10(1)(c) or (cc) (as amended by section 5 of the Pensions (Amendment) Act 1996, section 47(c) of the Family Law (Divorce) Act 1996, section 13(b) of the Pensions (Amendment) Act 2002 and section 37 of the Social Welfare and Pensions Act 2007) of the Act of 1990;

“relevant employment” in relation to a scheme, means any employment, or any period treated as employment, or any period of self-employment to which a scheme applies;

“retirement benefit”, in relation to a scheme, means all benefits, other than contingent benefits, payable under the scheme;

“rules”, in relation to a scheme, means the provisions of the scheme by whatever name called;

“scheme” means a pension scheme;

“transfer amount” shall be construed in accordance with subsection (4);

“undertaking” has the same meaning as “‘insurance undertaking’ or ‘undertaking’ ” in section 2(1) (as inserted by section 3(1) of the Insurance Act 2000) of the Insurance Act 1989.

F55[(2) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section andsections 122 to 126, to—

(a) the other civil partner, or

(b) a person specified in the order for the benefit of a dependent child of the civil partners for so long as that child remains a dependent child of the civil partners,

of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.]

(3) The order under subsection (2) shall specify—

(a) the period of reckonable service of the member civil partner prior to the granting of the decree to be taken into account, and

(b) the percentage of the retirement benefit accrued during the period to be paid to F55[the other civil partner or to the person on behalf of the dependent child of the civil partners, as the case may be].

(4) Where the court makes an order under subsection (2) in favour of a civil partner and payment of the designated benefit concerned has not commenced, the civil partner is entitled to the application in accordance with section 123(1) of an amount of money from the scheme (in this subsection referred to as a “transfer amount”) equal to the value of the designated benefit as determined by the trustees of the scheme in accordance with relevant guidelines.

F55[(5) On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to—

(a) the other civil partner, or

(b) a person specified in the order for the benefit of a dependent child of the civil partners,

of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.]

(6) The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership or has married.

(7) The court may make an order under this section in addition to or in substitution in whole or in part for an order under section 117, 118, 119 or 120 and, in deciding whether or not to make a pension adjustment order, the court shall have regard to the question whether proper provision, having regard to the circumstances, exists or can be made for the civil partner who is not a F55[member or for a dependent child of the civil partners concerned under] those sections.

(8) An order under this section may restrict to a specified extent or exclude the application of section 131 in relation to the order.

122. Procedural provisions respecting pension adjustment orders.

122.— (1) A person who makes an application under section 121(2)or (5) or an application for an order under section 131(2) in relation to an order under section 121(2) shall give notice of the application to the trustees of the scheme. The court shall, in deciding whether to make the order and in determining the provisions of the order, have regard to representations made by the persons to whom notice has been given under this section or section 141.

(2) An order referred to in subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or death of the F56[applicant civil partner in whose favour the order was made in so far as the order relates to him or her].

F57[(2A) Where the court makes an order undersection 121(2), or undersection 131(3)in relation to an order undersection 121(2), for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her.]

(3) The court may, in making an order referred to in subsection (1), give to the trustees of the scheme any directions that it considers appropriate, including a direction that would require the trustees not to comply with the rules of the scheme or the Act of 1990.

(4) The registrar or clerk of the court that makes an order referred to in subsection (1) shall cause a copy of the order to be served on the trustees of the scheme.

123. Rules respecting payments under schemes.

123.— (1) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines—

(a) if the trustees and the civil partner so agree, in providing a benefit for or in respect of the civil partner that is of the same actuarial value as the transfer amount, or

(b) in making a payment, at the option of the civil partner—

(i) to another occupational pension scheme whose trustees agree to accept the payment, or

(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(2) The conditions referred to in subsection (1) are:

(a) the court has made an order under section 121(2) in favour of the civil partner;

(b) payment of the designated benefit has not commenced;

(c) the civil partner has applied to the trustees in that behalf; and

(d) the civil partner furnishes the information that the trustees require.

(3) Subject to section 124(4), trustees of a defined contribution scheme in respect of which an order has been made under section 121(2) may, if the civil partner has not made an application under subsections (1)and (2), apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines to make a payment, at their option—

(a) to another occupational pension scheme whose trustees agree to accept the payment, or

(b) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(4) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of a member civil partner who dies before the payment of the designated benefit has commenced, F58[provide for the payment to the person in whose favour the order was made] of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(5) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) may, if the member civil partner ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option—

F58[(a) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or]

(b) in making a payment, either—

(i) to another occupational pension scheme whose trustees agree to accept the payment, or

(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(6) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies before payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.

(7) Subject to section 124 (4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies after payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit that, but for the death of that civil partner, would have been payable to him or her during his or her lifetime.

(8) The trustees of a scheme in respect of which an order has been made under section 121(2) or (5)shall, within 12 months of the member civil partner’s ceasing to be a member, notify the registrar or clerk of the court and the other civil partner of the cessation, if the trustees have not applied the transfer amount in accordance with any of subsections (1)to (6).

(9) The trustees of a scheme who apply a transfer amount under subsection (3) or (5) shall notify the F58[person in whose favour the order was made] and the registrar or clerk of the court, giving particulars to F58[that person] of the scheme and the transfer amount.

124. Payments further to orders under section 121 .

124.— (1) A benefit payable pursuant to an order made under section 121(2), or a contingent benefit payable pursuant to an order made under section 121(5), is payable out of the resources of the scheme and, unless the order or relevant guidelines provide otherwise, in accordance with the rules of the scheme and those guidelines.

(2) The amount of retirement benefit payable to the member civil partner, or the amount of contingent benefit payable to or in respect of the member civil partner, in accordance with the rules of the relevant scheme shall be reduced by the designated benefit or contingent benefit payable pursuant to an order made under section 121(2) or (5), as the case may be, F59[to the other civil partner or other person concerned].

(3) The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member civil partner who dies before the payment of the designated benefit payable pursuant to an order under section 121(2) has commenced shall be reduced by the amount of the payment made under section 123(4).

(4) Trustees who make a payment or apply a transfer amount under any of subsections (1)to (7) of section 123 are discharged from any obligation to make further payment or apply another transfer amount under any of those subsections in respect of the benefit payable pursuant to the order made under section 121(2).

(5) A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 122(3) rather than the rules of the scheme or the Act of 1990.

125. Costs.

125.— (1) The court may determine the manner in which the costs incurred by the trustees of a scheme further to an order under section 121 are to be borne, F60[including by the member civil partner or by the other person concerned or by both of them] in the proportions that the court may determine, and in default of a determination, the civil partners shall bear those costs equally.

(2) The court may, on application to it by the trustees, order that an amount ordered to be F60[paid by a person] under subsection (1) that has not been paid be deducted from any benefits F60[payable to the person]—

F60[(a) pursuant to an order made undersection 121, if the person is the beneficiary of the order; and]

F60[(b) pursuant to the scheme, if the person is the member civil partner.]

126. Other provisions for orders under section 121 .

126.— (1) Section 54 of the Act of 1990 and regulations made under that section apply with any necessary modifications to a scheme if proceedings for the grant of a decree of dissolution to which a member civil partner is a party have been instituted, and continue to apply notwithstanding the grant of the decree of dissolution.

(2) For the purposes of this section and sections 121to 125, the court may, of its own motion, and shall, if so requested by either of the civil partners or another concerned person, direct the trustees of the scheme to provide the civil partners or the other person and the court, within a specified period—

(a) with a calculation of the value and amount, determined in accordance with relevant guidelines, of the retirement benefit or contingent benefit that is payable or that, but for the making of the order for the decree of dissolution, would have been payable under the scheme and has accrued at the time of making the order, and

(b) with a calculation of the amount of the contingent benefit that is payable or that, but for the making of the order for the decree of dissolution concerned, would have been payable, under the scheme.

127. Applications for provision from estate of deceased civil partner.

127.— (1) A civil partner may, after the death of his or her civil partner but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that civil partner’s estate, apply for an order under this section for provision out of the estate.

(2) The court may by order make the provision for the applicant that the court considers appropriate having regard to the rights of any other person having an interest in the matter, if the court is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased for any reason other than conduct by the applicant that, in the opinion of the court, it would in all the circumstances be unjust to disregard.

(3) The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership, or has married, since the granting of the decree of dissolution.

(4) In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case, including—

(a) any order made under section 117(1)(c) or a property adjustment order made under section 118 in favour of the applicant, and

(b) any devise or bequest made by the deceased in favour of the applicant.

(5) The total value for the applicant of the provision made by an order referred to in subsection (4)(a) on the date on which that order was made and an order made under this section shall not exceed any share of the applicant in the estate of the deceased civil partner to which the applicant was entitled or, if the deceased civil partner died intestate as to the whole or part of his or her estate, would have been entitled, if the civil partnership had not been dissolved, under the Succession Act 1965 as amended by Part 8.

(6) The applicant shall give notice of an application under this section to any spouse or other civil partner of the deceased and to any other persons that the court may direct and, in deciding whether to make the order and in determining the provisions of the order, the court shall have regard to any representations made by any of those persons.

(7) The personal representative of a deceased civil partner in respect of whom a decree of dissolution has been granted shall make a reasonable attempt to ensure that notice of the death is brought to the attention of the other civil partner concerned and, where an application is made under this section, that personal representative shall not, without leave of the court, distribute any of the estate of the deceased civil partner until the court makes or refuses to make an order under this section.

(8) A civil partner shall notify the personal representative of the deceased civil partner not later than one month after receipt of the notice referred to in subsection (7) if the other civil partner—

(a) intends to apply for an order under this section,

(b) has applied for an order under this section and the application is pending, or

(c) has successfully obtained an order under this section.

(9) If the civil partner does not notify the personal representative as required by subsection (8), the personal representative may distribute the assets of the deceased civil partner or any part of them amongst the persons entitled to them and is not liable to the civil partner for that distribution.

(10) Nothing in this section prejudices the rights of the civil partner to follow assets into the hands of a person who has received them.

(11) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners, may make an order that either or both of the civil partners may not, on the death of either of them, apply for an order under this section, if the court considers it just to do so.

(12) In this section, “civil partner” means a civil partner whose civil partnership has been dissolved.

128. Orders for sale of property.

128.— (1) The court may make an order directing the sale of property specified in the order if—

(a) the property is property in which, or in the proceeds of sale of which, either or both of the civil partners has a beneficial interest, either in possession or reversion, and

(b) the court makes or has made a secured periodical payments order, a lump sum order or a property adjustment order.

(2) The court shall not exercise its jurisdiction under subsection (1)in a way that would affect a civil partner’s right to occupy the shared home by virtue of an order under this Act.

(3) An order under subsection (1) may contain the consequential and supplementary provisions that the court considers appropriate, including provisions—

(a) specifying the manner of sale and some or all of the conditions applying to the sale of the property,

(b) requiring the property to be offered for sale to a person or class of persons specified in the order,

(c) directing that the order, or a specified part of it, not take effect until the occurrence of a specified event or the expiration of a specified period,

(d) requiring the making of a payment or payments, whether periodically or in a lump sum, to a specified person out of the proceeds of the sale of the property, and

(e) specifying the manner in which the proceeds of the sale of the property are to be disposed of between the civil partners and other persons.

(4) A provision in an order under subsection (1) requiring the making of periodical payments to one of the civil partners out of the proceeds of the sale ceases to have effect on the registration in a new civil partnership, marriage or death of that civil partner, except as respects payments due under it on the date of the registration, marriage or death.

(5) The court shall, in considering whether to make an order under this section or section 118or 119 with respect to a property in which a civil partner has a beneficial interest or in the proceeds of sale of which the civil partner has a beneficial interest, give to a person who also has a beneficial interest in the property or proceeds an opportunity to make representations with respect to the making and contents of the order.

(6) The representations made under subsection (5) are deemed to be included in section 129 as matters to which the court is required to have regard in proceedings under a provision referred to in that section.

(7) This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.

129. Provisions relating to certain orders.

129.— (1) In deciding whether to make an order under section 116, 117, 118, 119(1)(a)or (b), 120, 121 to 126, 127 or 131, and in determining the provisions of the order, the court shall ensure that the provision that the court considers proper having regard to the circumstances exists or will be made F61[for the civil partners and any dependent child of the civil partners concerned].

(2) In deciding whether to make an order referred to in subsection (1) and in determining the provisions of the order, the court shall, in particular, have regard to the following matters:

(a) the income, earning capacity, property and other financial resources that each of the civil partners has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities that each of the civil partners has or is likely to have in the foreseeable future, whether in the case of the registration of a new civil partnership or marriage or otherwise;

F61[(c) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart;]

(d) the age of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;

(e) any physical or mental disability of either of the civil partners;

F61[(f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners;]

(g) the effect on the earning capacity of each of the civil partners of the civil partnership responsibilities assumed by each during the period when they lived with one another after the registration of their civil partnership and the degree to which the future earning capacity of a civil partner is impaired by reason of that civil partner having relinquished or foregone the opportunity of remunerative activity in order to look after F61[the shared home or to care for the other civil partner or any dependent child of the civil partners];

(h) any income or benefits to which either of the civil partners is entitled by or under statute;

(i) the conduct of each of the civil partners, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard;

(j) the accommodation needs of both of the civil partners;

(k) the value to each of the civil partners of any benefit (for example, a benefit under a pension scheme) which, by reason of the decree of dissolution, a civil partner will forfeit the opportunity or possibility of acquiring; and