Civil Partnership Act 2004

Modifications of standard procedure and procedures for house-bound and detained persons

3

If—

• (a) each of the parties gives a notice of proposed civil partnership during the relevant period, and

• (b) on doing so, each makes an election under this paragraph,

Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.

4

• (1) Omit—

• (a) section 10 (proposed civil partnership to be publicised);

• (b) section 11 (meaning of “the waiting period”);

• (c) section 12 (power to shorten the waiting period).

• (2) In section 14 (issue of civil partnership schedule), for subsection (1) substitute—

(1) As soon as the notices of proposed civil partnership have been given, the registration authority in whose area it is proposed that the registration take place must, at the request of one or both of the proposed civil partners, issue a document to be known as a “civil partnership schedule”.

• (3) For section 17 (period during which registration may take place) substitute—

(17) (1) The proposed civil partners may register as civil partners by signing the civil partnership schedule at any time during the applicable period. (2) If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period— (a) the notices of proposed civil partnership and the civil partnership schedule are void, and (b) no civil partnership registrar may officiate at the signing of the civil partnership schedule by them. (3) The applicable period, in relation to two people registering as civil partners of each other, is the period of 1 month beginning with— (a) the day on which the notices of proposed civil partnership are given, or (b) if the notices are not given on the same day, the earlier of those days.

5

In section 18 (house-bound persons), in subsection (3)—

• (a) treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and

• (b) omit paragraph (c) (which provides for a 3 month registration period).

6

In section 19 (detained persons), in subsection (3)—

• (a) treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and

• (b) omit paragraph (c) (which provides for a 3 month registration period).

Modified procedures for certain non-residents

7

• (1) Sub-paragraphs (5) to (8) apply (in place of section 20) in the following two cases.

• (2) The first is where—

• (a) two people wish to register as civil partners of each other in England and Wales, and

• (b) one of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The second is where—

• (a) two people wish to register as civil partners of each other in England and Wales, and

• (b) one of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea and the other (“B”) resides in England or Wales.

• (5) A is not required to give a notice of proposed civil partnership to a registration authority in England or Wales in order to register in England or Wales as B’s civil partner.

• (6) B may make the necessary declaration without reference to A's usual place of residence for any period.

• (7) If, on giving such notice, B makes an election under this paragraph, Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the further modifications in sub-paragraph (8).

• (8) The further modifications are that—

• (a) the civil partnership schedule is not to be issued by a registration authority unless A or B produces to that registration authority a certificate of no impediment issued to A under the relevant provision;

• (b) the applicable period is the period of one month beginning with the day on which B’s notice is given;

• (c) section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.

• (9) “The relevant provision” means—

• (a) if A resides in Scotland, section 97;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) if A is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea, section 239.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part 1 — Wills

1

Amend the Wills Act 1837 (c. 26) as follows.

2

After section 18A insert—

(18B) (1) Subject to subsections (2) to (6), a will is revoked by the formation of a civil partnership between the testator and another person. (2) A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator’s personal representatives. (3) If it appears from a will— (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and (b) that he intended that the will should not be revoked by the formation of the civil partnership, the will is not revoked by its formation. (4) Subsections (5) and (6) apply if it appears from a will— (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and (b) that he intended that a disposition in the will should not be revoked by the formation of the civil partnership. (5) The disposition takes effect despite the formation of the civil partnership. (6) Any other disposition in the will also takes effect, unless it appears from the will that the testator intended the disposition to be revoked by the formation of the civil partnership. (18C) (1) This section applies if, after a testator has made a will— (a) a court of civil jurisdiction in England and Wales dissolves his civil partnership or makes a nullity order in respect of it, or (b) his civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004. (2) Except in so far as a contrary intention appears by the will— (a) provisions of the will appointing executors or trustees or conferring a power of appointment, if they appoint or confer the power on the former civil partner, take effect as if the former civil partner had died on the date on which the civil partnership is dissolved or annulled, and (b) any property which, or an interest in which, is devised or bequeathed to the former civil partner shall pass as if the former civil partner had died on that date. (3) Subsection (2)(b) does not affect any right of the former civil partner to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

3

The following provisions—

• (a) section 15 of the Wills Act 1837 (c. 26) (avoidance of gifts to attesting witnesses and their spouses), and

• (b) section 1 of the Wills Act 1968 (c. 28) (restriction of operation of section 15),

apply in relation to the attestation of a will by a person to whose civil partner there is given or made any such disposition as is described in section 15 of the 1837 Act as they apply in relation to a person to whose spouse there is given or made any such disposition.

4

In section 16 of the 1837 Act, after “wife or husband” insert “ or civil partner ”.

5

Except where a contrary intention is shown, it is presumed that if a testator—

• (a) devises or bequeaths property to his civil partner in terms which in themselves would give an absolute interest to the civil partner, but

• (b) by the same instrument purports to give his issue an interest in the same property,

the gift to the civil partner is absolute despite the purported gift to the issue.

Part 2 — Administration of estates and family provision

Public Trustee Act 1906 (c. 55)

6

In section 6(1), after “widower, widow” (in both places) insert “ , surviving civil partner ”.

Administration of Estates Act 1925 (c. 23)

7

In section 46 (succession to real and personal estate on intestacy), for “husband or wife” (in each place) substitute “ spouse or civil partner ”.

8

• (1) Amend section 47(1) (meaning of “the statutory trusts”) as follows.

• (2) In paragraph (i), after “or marry under that age” (in the first place) insert “ or form a civil partnership under that age ”.

• (3) In that paragraph, after “or marry” (in the second place) insert “ , or form a civil partnership, ”.

• (4) In paragraph (ii), after “marries” insert “ , or forms a civil partnership, ”.

9

In section 47A, in subsection (1) and in the proviso to subsection (5), for “husband or wife” substitute “ spouse or civil partner ”.

10

In section 48(2), for “husband or wife” (in each place) substitute “ spouse or civil partner ”.

11

In section 51(3) (devolution of certain estates vested in infant who dies without having married and without issue), after “without having been married” insert “ or having formed a civil partnership, ”.

12

In section 55(1)(xviii) (which defines “valuable consideration” as including marriage), after “includes marriage,” insert “ and formation of a civil partnership, ”.

Intestates' Estates Act 1952 (c. 64)

13

• (1) Amend section 5 and Schedule 2 (rights of surviving spouse as respects the matrimonial home) as follows.

• (2) For “husband or wife” (in each place) substitute “ spouse or civil partner ”.

• (3) In section 5, after “matrimonial” insert “ or civil partnership ”.

• (4) In the heading of each—

• (a) after “spouse” insert “ or civil partner ”, and

• (b) after “matrimonial” insert “ or civil partnership ”.

Family Provision Act 1966 (c. 35)

14

In section 1(1) (fixed net sum payable to surviving spouse of person dying intestate), for “husband or wife” substitute “ spouse or civil partner ”.

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

15

• (1) Amend section 1 (application for financial provision from deceased person’s estate) as follows.

• (2) For subsection (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—

(a) the spouse or civil partner of the deceased; (b) a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;

.

• (3) In subsection (1)(ba) (application may be made by person living as husband or wife of the deceased), after “subsection (1A)” insert “ or (1B) ”.

• (4) In subsection (1)(d) (application may be made by child of the family), after “marriage” (in each place) insert “ or civil partnership ”.

• (5) After subsection (1A) insert—

(1B) This subsection applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living— (a) in the same household as the deceased, and (b) as the civil partner of the deceased.

• (6) In subsection (2) (meaning of “reasonable financial provision”), after paragraph (a) insert—

(aa) in the case of an application made by virtue of subsection (1)(a) above by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force in relation to the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance;

.

16

In section 2(1) (orders which may be made on an application), after paragraph (f) insert—

(g) an order varying any settlement made— (i) during the subsistence of a civil partnership formed by the deceased, or (ii) in anticipation of the formation of a civil partnership by the deceased, on the civil partners (including such a settlement made by will), the variation being for the benefit of the surviving civil partner, or any child of both the civil partners, or any person who was treated by the deceased as a child of the family in relation to that civil partnership.

17

• (1) Amend section 3(2) (application by spouse or former spouse: matters to which court is to have regard) as follows.

• (2) For the words from the beginning to “1(1)(b) of this Act” substitute— “ This subsection applies, without prejudice to the generality of paragraph (g) of subsection (1) above, where an application for an order under section 2 of this Act is made by virtue of section 1(1)(a) or (b) of this Act. ”

• (3) The words from “the court shall, in addition” to the end of paragraph (b) shall become a second sentence of the subsection and, in paragraph (a) of the sentence so formed, after “duration of the marriage” insert “ or civil partnership ”.

• (4) The words from “in the case of an application by the wife or husband” to the end shall become a third sentence of the subsection.

• (5) At the end insert the following sentence— “ In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order. ”

18

In section 3(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in paragraph (a), after “wife” insert “ or civil partner ”.

19

In section 6(3) and (10) (variation etc. of orders which cease on occurrence of specified event other than remarriage of former spouse), for “(other than the remarriage of a former wife or former husband)” substitute “ (other than the formation of a subsequent marriage or civil partnership by a former spouse or former civil partner) ”.

20

After section 14 insert—

(14A) (1) Subsection (2) below applies where— (a) a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of Part 2 of the Civil Partnership Act 2004 in relation to a civil partnership, (b) one of the civil partners dies within twelve months from the date on which the order is made, and (c) either— (i) an application for a financial provision order under Part 1 of Schedule 5 to that Act or a property adjustment order under Part 2 of that Schedule has not been made by the other civil partner, or (ii) such an application has been made but the proceedings on the application have not been determined at the time of the death of the deceased. (2) If an application for an order under section 2 of this Act is made by the surviving civil partner, the court shall, notwithstanding anything in section 1 or section 3 of this Act, have power, if it thinks it just to do so, to treat the surviving civil partner as if the order mentioned in subsection (1)(a) above had not been made. (3) This section shall not apply in relation to a separation order unless at the date of the death of the deceased the separation order was in force and the separation was continuing.

21

After section 15 insert—

(15ZA) (1) On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004, or at any time after making such an order, the court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act. (2) In subsection (1) above “the court” means the High Court or, where a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984, a county court. (3) In the case of a dissolution order, nullity order or presumption of death order (“the main order”) an order may be made under subsection (1) above before (as well as after) the main order is made final, but if made before the main order is made final it shall not take effect unless the main order is made final. (4) Where an order under subsection (1) above made in connection with a dissolution order, nullity order or presumption of death order has come into force with respect to a civil partner, then, on the death of the other civil partner, the court shall not entertain any application for an order under section 2 of this Act made by the surviving civil partner. (5) Where an order under subsection (1) above made in connection with a separation order has come into force with respect to a civil partner, then, if the other civil partner dies while the separation order is in force and the separation is continuing, the court shall not entertain any application for an order under section 2 of this Act made by the surviving civil partner.

22

After section 15A insert—

(15B) (1) On making an order under paragraph 9 of Schedule 7 to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and pension-sharing following overseas dissolution etc. of civil partnership) the court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act. (2) In subsection (1) above “the court” means the High Court or, where a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984, a county court. (3) Where an order under subsection (1) above has been made with respect to one of the civil partners in a case where a civil partnership has been dissolved or annulled, then, on the death of the other civil partner, the court shall not entertain an application under section 2 of this Act made by the surviving civil partner. (4) Where an order under subsection (1) above has been made with respect to one of the civil partners in a case where civil partners have been legally separated, then, if the other civil partner dies while the legal separation is in force, the court shall not entertain an application under section 2 of this Act made by the surviving civil partner.

23

In section 16(1) (power to vary secured periodical payments orders)—

• (a) after “the Matrimonial Causes Act 1973” insert “ or Schedule 5 to the Civil Partnership Act 2004 ”, and

• (b) after “that Act” insert “ of 1973 or Part 11 of that Schedule ”.

24

In section 17(4) (meaning of “maintenance agreement”)—

• (a) for “entered into a marriage” substitute “ formed a marriage or civil partnership ”,

• (b) after “of the parties to that marriage” insert “ or of the civil partners ”, and

• (c) after “marriage” (in the third and fourth places) insert “ or civil partnership ”.

25

After section 18 insert—

(18A) (1) Where— (a) a person against whom a secured periodical payments order was made under Schedule 5 to the Civil Partnership Act 2004 has died and an application is made under paragraph 60 of that Schedule for the variation or discharge of that order or for the revival of the operation of any suspended provision of the order, or (b) a party to a maintenance agreement within the meaning of Part 13 of that Schedule has died, the agreement being one which provides for the continuation of payments under the agreement after the death of one of the parties, and an application is made under paragraph 73 of that Schedule for the alteration of the agreement under paragraph 69 of that Schedule, the court shall have power to direct that the application made under paragraph 60 or 73 of that Schedule shall be deemed to have been accompanied by an application for an order under section 2 of this Act. (2) Where the court gives a direction under subsection (1) above it shall have power, in the proceedings on the application under paragraph 60 or 73 of that Schedule, to make any order which the court would have had power to make under the provisions of this Act if the application under that paragraph had been made jointly with an application for an order under section 2 of this Act; and the court shall have power to give such consequential directions as may be necessary for enabling the court to exercise any of the powers available to the court under this Act in the case of an application for an order under section 2. (3) Where an order made under section 15ZA(1) of this Act is in force with respect to a civil partner, the court shall not give a direction under subsection (1) above with respect to any application made under paragraph 60 or 73 of that Schedule by that civil partner on the death of the other civil partner.

26

• (1) Amend section 19 (effect, duration and form of orders) as follows.

• (2) In subsection (2)(a), for “former husband or former wife” substitute “ former spouse or former civil partner ”.

• (3) In subsection (2), after paragraph (b) insert

or (c) an applicant who was the civil partner of the deceased in a case where, at the date of death, a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force in relation to their civil partnership and the separation was continuing,

.

• (4) In that subsection, in the words after paragraph (b), for “on the remarriage of the applicant” onwards substitute “ on the formation by the applicant of a subsequent marriage or civil partnership, except in relation to any arrears due under the order on the date of the formation of the subsequent marriage or civil partnership. ”

• (5) In subsection (3), after “section 15(1)” insert “ or 15ZA(1) ”.

27

• (1) Amend section 25 (interpretation) as follows.

• (2) In subsection (1), in the definition of “former wife” and “former husband”, for “ “former wife” or “former husband”” substitute “ “former spouse” ”.

• (3) In that subsection, before that definition insert—

“former civil partner” means a person whose civil partnership with the deceased was during the lifetime of the deceased either— (a) dissolved or annulled by an order made under the law of any part of the British Islands, or (b) dissolved or annulled in any country or territory outside the British Islands by a dissolution or annulment which is entitled to be recognised as valid by the law of England and Wales;

.

• (4) In subsection (4)—

• (a) before “wife” insert “ spouse, ” and

• (b) in paragraph (b), for “entered into a later marriage” substitute “ formed a subsequent marriage or civil partnership ”.

• (5) For subsection (5) substitute—

(4A) For the purposes of this Act any reference to a civil partner shall be treated as including a reference to a person who in good faith formed a void civil partnership with the deceased unless either— (a) the civil partnership between the deceased and that person was dissolved or annulled during the lifetime of the deceased and the dissolution or annulment is recognised by the law of England and Wales, or (b) that person has during the lifetime of the deceased formed a subsequent civil partnership or marriage. (5) Any reference in this Act to the formation of, or to a person who has formed, a subsequent marriage or civil partnership includes (as the case may be) a reference to the formation of, or to a person who has formed, a marriage or civil partnership which is by law void or voidable. (5A) The formation of a marriage or civil partnership shall be treated for the purposes of this Act as the formation of a subsequent marriage or civil partnership, in relation to either of the spouses or civil partners, notwithstanding that the previous marriage or civil partnership of that spouse or civil partner was void or voidable.

• (6) After subsection (6) insert—

(6A) Any reference in this Act to an order made under, or under any provision of, the Civil Partnership Act 2004 shall be construed as including a reference to anything which is deemed to be an order made (as the case may be) under that Act or provision.

SCHEDULE 5

Part 1 — Financial provision in connection with dissolution, nullity or separation

Circumstances in which orders under this Part may be made

1

• (1) The court may make any one or more of the orders set out in paragraph 2(1)—

• (a) on making a dissolution, nullity or separation order, or

• (b) at any time afterwards.

• (2) The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)—

• (a) in proceedings for a dissolution, nullity or separation order, before making the order;

• (b) if proceedings for a dissolution, nullity or separation order are dismissed after the beginning of the trial, either straightaway or within a reasonable period after the dismissal.

• (3) The power of the court to make an order under sub-paragraph (1) or (2)(a) in favour of a child of the family is exercisable from time to time.

• (4) If the court makes an order in favour of a child under sub-paragraph (2)(b), it may from time to time make a further order in the child’s favour of any of the kinds set out in paragraph 2(1)(d), (e) or (f).

The orders: periodical and secured periodical payments and lump sums

2

• (1) The orders are—

• (a) an order that either civil partner must make to the other such periodical payments for such term as may be specified;

• (b) an order that either civil partner must secure to the other, to the satisfaction of the court, such periodical payments for such term as may be specified;

• (c) an order that either civil partner must pay to the other such lump sum or sums as may be specified;

• (d) an order that one of the civil partners must make —

• (i) to such person as may be specified for the benefit of a child of the family, or

• (ii) to a child of the family,

such periodical payments for such term as may be specified;

• (e) an order that one of the civil partners must secure—

• (i) to such person as may be specified for the benefit of a child of the family, or

• (ii) to a child of the family,

to the satisfaction of the court, such periodical payments for such term as may be specified;

• (f) an order that one of the civil partners must pay such lump sum as may be specified—

• (i) to such person as may be specified for the benefit of a child of the family, or

• (ii) to a child of the family.

• (2) “Specified” means specified in the order.

Particular provision that may be made by lump sum orders

3

• (1) An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining—

• (a) himself or herself, or

• (b) a child of the family,

before making an application for an order under this Part in his or her favour.

• (2) An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met.

• (3) An order under this Part for the payment of a lump sum may—

• (a) provide for its payment by instalments of such amount as may be specified, and

• (b) require the payment of the instalments to be secured to the satisfaction of the court.

• (4) Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (f).

• (5) If the court—

• (a) makes an order under this Part for the payment of a lump sum, and

• (b) directs that—

• (i) payment of the sum or any part of it is to be deferred, or

• (ii) the sum or any part of it is to be paid by instalments,

it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due.

• (6) A date specified under sub-paragraph (5) must not be earlier than the date of the order.

• (7) “Specified” means specified in the order.

When orders under this Part may take effect

4

• (1) If an order is made under paragraph 2(1)(a), (b) or (c) on or after making a dissolution or nullity order, neither the order nor any settlement made in pursuance of it takes effect unless the dissolution or nullity order has been made final.

• (2) This paragraph does not affect the power of the court to give a direction under paragraph 76 (settlement of instrument by conveyancing counsel).

Restrictions on making of orders under this Part

5

The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to paragraph 49(1) and (5) (restrictions on orders in favour of children who have reached 18).

Part 2 — Property adjustment on or after dissolution, nullity or separation

Circumstances in which property adjustment orders may be made

6

• (1) The court may make one or more property adjustment orders—

• (a) on making a dissolution, nullity or separation order, or

• (b) at any time afterwards.

• (2) In this Schedule “property adjustment order” means a property adjustment order under this Part.

Property adjustment orders

7

• (1) The property adjustment orders are—

• (a) an order that one of the civil partners must transfer such property as may be specified, being property to which he is entitled—

• (i) to the other civil partner,

• (ii) to a child of the family, or

• (iii) to such person as may be specified for the benefit of a child of the family;

• (b) an order that a settlement of such property as may be specified, being property to which one of the civil partners is entitled, be made to the satisfaction of the court for the benefit of—

• (i) the other civil partner and the children of the family, or

• (ii) either or any of them;

• (c) an order varying for the benefit of—

• (i) the civil partners and the children of the family, or

• (ii) either or any of them,

a relevant settlement;

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

• (2) The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family.

• (3) In this paragraph—

• “entitled” means entitled in possession or reversion,

• “relevant settlement” means, in relation to a civil partnership, a settlement made, during its subsistence or in anticipation of its formation, on the civil partners including one made by will or codicil, but not including one in the form of a pension arrangement (within the meaning of Part 4), and

• “specified” means specified in the order.

When property adjustment orders may take effect

8

• (1) If a property adjustment order is made on or after making a dissolution or nullity order, neither the property adjustment order nor any settlement made under it takes effect unless the dissolution or nullity order has been made final.

• (2) This paragraph does not affect the power to give a direction under paragraph 76 (settlement of instrument by conveyancing counsel).

Restrictions on making property adjustment orders

9

The power to make a property adjustment order under paragraph 7(1)(a) is subject to paragraph 49(1) and (5) (restrictions on making orders in favour of children who have reached 18).

Part 3 — Sale of property orders

Circumstances in which sale of property orders may be made

10

• (1) The court may make a sale of property order—

• (a) on making —

• (i) under Part 1, a secured periodical payments order or an order for the payment of a lump sum, ...

• (ii) a property adjustment order, or

• (iii) an order under paragraph 38A for a payment in respect of legal services, or

• (b) at any time afterwards.

• (2) In this Schedule “sale of property order” means a sale of property order under this Part.

Sale of property orders

11

• (1) A sale of property order is an order for the sale of such property as may be specified, being property in which, or in the proceeds of sale of which, either or both of the civil partners has or have a beneficial interest, either in possession or reversion.

• (2) A sale of property order may contain such consequential or supplementary provisions as the court thinks fit.

• (3) A sale of property order may in particular include—

• (a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and

• (b) provision requiring any property to which the order relates to be offered for sale to a specified person, or class of persons.

• (4) “Specified” means specified in the order.

When sale of property orders may take effect

12

• (1) If a sale of property order is made on or after the making of a dissolution or nullity order, it does not take effect unless the dissolution or nullity order has been made final.

• (2) Where a sale of property order is made, the court may direct that—

• (a) the order, or

• (b) such provision of it as the court may specify,

is not to take effect until the occurrence of an event specified by the court or the end of a period so specified.

When sale of property orders cease to have effect

13

If a sale of property order contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a civil partner, the order ceases to have effect—

• (a) on the death of the civil partner, or

• (b) on the formation of a subsequent civil partnership or marriage by the civil partner.

Protection of third parties

14

• (1) Sub-paragraphs (2) and (3) apply if—

• (a) a civil partner has a beneficial interest in any property, or in the proceeds of sale of any property, and

• (b) another person (“A”) who is not the other civil partner also has a beneficial interest in the property or the proceeds.

• (2) Before deciding whether to make a sale of property order in relation to the property, the court must give A an opportunity to make representations with respect to the order.

• (3) Any representations made by A are included among the circumstances to which the court is required to have regard under paragraph 20.

Part 4 — Pension sharing orders on or after dissolution or nullity order

Circumstances in which pension sharing orders may be made

15

• (1) The court may make a pension sharing order—

• (a) on making a dissolution or nullity order, or

• (b) at any time afterwards.

• (2) In this Schedule “pension sharing order” means a pension sharing order under this Part.

Pension sharing orders

16

• (1) A pension sharing order is an order which—

• (a) provides that one civil partner's—

• (i) shareable rights under a specified pension arrangement, or

• (ii) shareable state scheme rights,

are to be subject to pension sharing for the benefit of the other civil partner, and

• (b) specifies the percentage value to be transferred.

• (2) Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

• (a) Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30), or

• (b) corresponding Northern Ireland legislation.

• (3) Shareable state scheme rights are rights in relation to which pension sharing is available under—

• (a) Chapter 2 of Part 4 of the 1999 Act, or

• (b) corresponding Northern Ireland legislation.

• (4) In this Part “pension arrangement” means—

• (a) an occupational pension scheme,

• (b) a personal pension scheme,

• (c) a retirement annuity contract,

• (d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

• (i) an occupational pension scheme, or

• (ii) a personal pension scheme, and

• (e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

• (i) section 29(1)(b) of the 1999 Act, or

• (ii) corresponding Northern Ireland legislation.

• (5) In sub-paragraph (4)—

• “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (c. 48);

• “personal pension scheme” has the same meaning as in the 1993 Act;

• “retirement annuity contract” means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c. 1).

Pension sharing orders: apportionment of charges

17

If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—

• (a) section 41 of the 1999 Act (charges in respect of pension sharing costs), or

• (b) corresponding Northern Ireland legislation.

Restrictions on making of pension sharing orders

18

• (1) A pension sharing order may not be made in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the civil partnership, or

• (b) has been the subject of pension sharing between the civil partners.

• (2) A pension sharing order may not be made in relation to shareable state scheme rights if—

• (a) such rights are the subject of a pension sharing order in relation to the civil partnership, or

• (b) such rights have been the subject of pension sharing between the civil partners.

• (3) A pension sharing order may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Part 6 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.

When pension sharing orders may take effect

19

• (1) A pension sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final.

• (2) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.

• (3) The power to make regulations under sub-paragraph (2) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 5 — Matters to which court is to have regard under Parts 1 to 4A

General

20

The court in deciding—

• (a) whether to exercise its powers under—

• (i) Part 1 (financial provision on dissolution etc.),

• (ii) Part 2 (property adjustment orders),

• (iii) Part 3 (sale of property orders), . . .

• (iv) any provision of Part 4 (pension sharing orders) other than paragraph 17 (apportionment of charges), or

• (v) any provision of Part 4A (pension compensation sharing orders) other than paragraph 19C (apportionment of charges), and

• (b) if so, in what way,

must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.

Particular matters to be taken into account when exercising powers in relation to civil partners

21

• (1) This paragraph applies to the exercise by the court in relation to a civil partner of its powers under—

• (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(a), (b) or (c),

• (b) Part 2 (property adjustment orders),

• (c) Part 3 (sale of property orders), . . .

• (d) Part 4 (pension sharing orders) , or

• (e) Part 4A (pension compensation sharing orders).

• (2) The court must in particular have regard to—

• (a) the income, earning capacity, property and other financial resources which each civil partner—

• (i) has, or

• (ii) is likely to have in the foreseeable future,

including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect a civil partner in the civil partnership to take steps to acquire;

• (b) the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future;

• (c) the standard of living enjoyed by the family before the breakdown of the civil partnership;

• (d) the age of each civil partner and the duration of the civil partnership;

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

• (f) the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

• (g) the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

• (h) in the case of proceedings for a dissolution or nullity order, the value to each civil partner of any benefit which, because of the dissolution or annulment of the civil partnership, that civil partner will lose the chance of acquiring.

Particular matters to be taken into account when exercising powers in relation to children

22

• (1) This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—

• (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f)),

• (b) Part 2 (property adjustment orders), or

• (c) Part 3 (sale of property orders).

• (2) The court must in particular have regard to—

• (a) the financial needs of the child;

• (b) the income, earning capacity (if any), property and other financial resources of the child;

• (c) any physical or mental disability of the child;

• (d) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

• (e) the considerations mentioned in relation to the civil partners in paragraph 21(2)(a), (b), (c) and (e).

• (3) In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—

• (a) whether A has assumed any responsibility for the child’s maintenance;

• (b) if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;

• (c) whether in assuming and discharging such responsibility A did so knowing that the child was not A’s child;

• (d) the liability of any other person to maintain the child.

Terminating financial obligations

23

• (1) Sub-paragraphs (2) and (3) apply if, on or after the making of a dissolution or nullity order, the court decides to exercise its powers under—

• (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(a), (b) or (c),

• (b) Part 2 (property adjustment orders),

• (c) Part 3 (sale of property orders), . . .

• (d) Part 4 (pension sharing orders), or

• (e) Part 4A (pension compensation sharing orders),

in favour of one of the civil partners.

• (2) The court must consider whether it would be appropriate to exercise those powers in such a way that the financial obligations of each civil partner towards the other will be terminated as soon after the making of the dissolution or nullity order as the court considers just and reasonable.

• (3) If the court decides to make—

• (a) a periodical payments order, or

• (b) a secured periodical payments order,

in favour of one of the civil partners (“A”), it must in particular consider whether it would be appropriate to require the payments to be made or secured only for such term as would in its opinion be sufficient to enable A to adjust without undue hardship to the termination of A’s financial dependence on the other civil partner.

• (4) If—

• (a) on or after the making of a dissolution or nullity order, an application is made by one of the civil partners for a periodical payments or secured periodical payments order in that civil partner’s favour, but

• (b) the court considers that no continuing obligation should be imposed on either civil partner to make or secure periodical payments in favour of the other,

the court may dismiss the application with a direction that the applicant is not entitled to make any future application in relation to that civil partnership for an order under Part 1 by virtue of paragraph 2(1)(a) or (b).

Part 6 — Making of Part 1 orders having regard to pension benefits

Pension benefits to be included in matters to which court is to have regard

24

• (1) The matters to which the court is to have regard under paragraph 21(2)(a) include any pension benefits under a pension arrangement or by way of pension which a civil partner has or is likely to have; and, accordingly, in relation to any pension benefits paragraph 21(2)(a)(ii) has effect as if “in the foreseeable future” were omitted.

• (2) The matters to which the court is to have regard under paragraph 21(2)(h) include any pension benefits which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring.

• (3) “Pension benefits” means—

• (a) benefits under a pension arrangement, or

• (b) benefits by way of pension (whether under a pension arrangement or not).

Provisions applying where pension benefits taken into account in decision to make Part 1 order

25

• (1) This paragraph applies if, having regard to any benefits under a pension arrangement, the court decides to make an order under Part 1.

• (2) To the extent to which the Part 1 order is made having regard to any benefits under a pension arrangement, it may require the person responsible for the pension arrangement, if at any time any payment in respect of any benefits under the arrangement becomes due to the civil partner with pension rights, to make a payment for the benefit of the other civil partner.

• (3) The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with pension rights.

• (4) Any such payment by the person responsible for the arrangement—

• (a) discharges so much of his liability to the civil partner with pension rights as corresponds to the amount of the payment, and

• (b) is to be treated for all purposes as a payment made by the civil partner with pension rights in or towards the discharge of that civil partner’s liability under the order.

• (5) If the civil partner with pension rights has a right of commutation under the arrangement, the Part 1 order may require that civil partner to exercise it to any extent.

• (6) This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of benefits under the arrangement.

• (7) The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with pension rights to a benefit payable to the other civil partner.

• (8) The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the civil partnership, or

• (b) has been the subject of pension sharing between the civil partners.

Pensions: lump sums

26

• (1) This paragraph applies if the benefits which the civil partner with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of that civil partner’s death.

• (2) The court’s power under Part 1 to order a civil partner to pay a lump sum to the other civil partner includes the power to make by the order any provision in sub-paragraph (3) to (5).

• (3) If the person responsible for the pension arrangement has power to determine the person to whom the sum, or any part of it, is to be paid, the court may require him to pay the whole or part of that sum, when it becomes due, to the other civil partner.

• (4) If the civil partner with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, the court may require the civil partner with pension rights to nominate the other civil partner in respect of the whole or part of that sum.

• (5) In any other case, the court may require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other civil partner instead of to the person to whom, apart from the order, it would be paid.

• (6) Any payment by the person responsible for the arrangement under an order made under Part 1 made by virtue of this paragraph discharges so much of his liability in respect of the civil partner with pension rights as corresponds to the amount of the payment.

• (7) The powers conferred by this paragraph may not be exercised in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the civil partnership, or

• (b) has been the subject of pension sharing between the civil partners.

Pensions: supplementary

27

If—

• (a) a Part 1 order made by virtue of paragraph 25 or 26 imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”),

• (b) the civil partner with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of that civil partner’s rights under the first arrangement, and

• (c) the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,

the Part 1 order has effect as if it had been made instead in respect of the person responsible for the new arrangement.

Regulations

28

• (1) The Lord Chancellor may by regulations—

• (a) make provision, in relation to any provision of paragraph 25 or 26 which authorises the court making a Part 1 order to require the person responsible for a pension arrangement to make a payment for the benefit of the other civil partner, as to—

• (i) the person to whom, and

• (ii) the terms on which,

the payment is to be made;

• (b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of paragraph 25 or 26 in a Part 1 order, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;

• (c) require notices to be given in respect of changes of circumstances relevant to Part 1 orders which include provision made by virtue of paragraphs 25 and 26;

• (d) make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of paragraph 25 or 26;

• (e) make provision about calculation and verification in relation to the valuation of—

• (i) benefits under a pension arrangement, or

• (ii) shareable state scheme rights (within the meaning of paragraph 16(3)),

for the purposes of the court’s functions in connection with the exercise of any of its powers under this Schedule.

• (2) Regulations under sub-paragraph (1)(e) may include—

• (a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

• (b) provision by reference to regulations under section 30 or 49(4) of the 1999 Act.

• (3) The power to make regulations under paragraph 27 or this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) “Prescribed” means prescribed by regulations.

Interpretation of provisions relating to pensions

29

• (1) In this Part “the civil partner with pension rights” means the civil partner who has or is likely to have benefits under a pension arrangement.

• (2) In this Part “pension arrangement” has the same meaning as in Part 4.

• (3) In this Part, references to the person responsible for a pension arrangement are to be read in accordance with section 26 of the Welfare Reform and Pensions Act 1999 (c. 30).

Part 7 — Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

30

• (1) The matters to which a court is to have regard under paragraph 21(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 21(2)(a)(ii) has effect as if “in the foreseeable future” were omitted.

• (2) The matters to which a court is to have regard under paragraph 21(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assumption of responsibility by PPF Board in paragraph 25(2) cases

31

• (1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 25(2) which—

• (a) imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and

• (b) was made before the trustees or managers received the transfer notice.

• (2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—

• (a) except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and

• (b) with such other modifications as may be prescribed by regulations.

• (3) The modifications are that—

• (a) references in the order to the trustees or managers of the scheme have effect as references to the Board, and

• (b) references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.

Assumption of responsibility by PPF Board in paragraph 25(5) cases

32

• (1) This paragraph applies to an order under Part 1 if—

• (a) it includes provision made by virtue of paragraph 25(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and

• (b) before the requirement is complied with the Board has assumed responsibility for the scheme.

• (2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.

Lump sums: power to modify paragraph 26 in respect of assessment period

33

Regulations may modify paragraph 26 in its application to an occupational pension scheme during an assessment period in relation to the scheme.

Assumption of responsibility by the Board not to affect power of court to vary order etc.

34

• (1) This paragraph applies where the court makes, in relation to an occupational pension scheme—

• (a) a pension sharing order, or

• (b) an order including provision made by virtue of paragraph 25(2) or (5).

• (2) If the Board subsequently assumes responsibility for the scheme, that does not affect—

• (a) the powers of the court under paragraph 51 to vary or discharge the order or to suspend or revive any provision of it;

• (b) on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

Regulations

35

Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

36

• (1) In this Part “regulations” means regulations made by the Lord Chancellor.

• (2) A power to make regulations under this Part is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

37

• (1) In this Part—

• “assessment period” means—an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), oran equivalent period under corresponding Northern Ireland legislation;

• “the Board” means the Board of the Pension Protection Fund;

• “the civil partner with compensation rights” means the civil partner who is or is likely to be entitled to PPF compensation;

• “the civil partner with pension rights” has the meaning given by paragraph 29(1);

• “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (c. 48);

• “transfer notice” has the same meaning as in—Chapter 3 of Part 2 of the 2004 Act, orcorresponding Northern Ireland legislation.

• (2) References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—

• (a) Chapter 3 of Part 2 of the 2004 Act (pension protection), or

• (b) corresponding Northern Ireland legislation.

Part 8 — Maintenance and other payments pending outcome of dissolution, nullity or separation proceedings

38

• (1) On an application for a dissolution, nullity or separation order, the court may make an order requiring either civil partner to make to the other for the other’s maintenance such periodical payments for such term—

• (a) beginning no earlier than the date on which the application was made, and

• (b) ending with the date on which the proceedings are determined,

as the court thinks reasonable.

• (2) An order under this paragraph may not require one civil partner to pay to the other any amount in respect of legal services for the purposes of the proceedings.

• (3) In sub-paragraph (2) “legal services” has the same meaning as in paragraph 38A.

Part 9 — Failure to maintain: financial provision (and interim orders)

Circumstances in which orders under this Part may be made

39

• (1) Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)—

• (a) has failed to provide reasonable maintenance for the applicant, or

• (b) has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.

• (2) The court must not entertain an application under this paragraph unless–

• (a) the applicant or the respondent is domiciled in England and Wales on the date of the application,

• (b) the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

• (c) the respondent is resident there on that date.

• (2A) If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.

• (3) If, on an application under this paragraph, it appears to the court that—

• (a) the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but

• (b) it is not yet possible to determine what order, if any, should be made on the application,

the court may make an interim order.

• (4) If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 41.

• (5) In this paragraph, “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.

Interim orders

40

An interim order is an order requiring the respondent to make to the applicant, until the determination of the application, such periodical payments as the court thinks reasonable.

Orders that may be made where failure to maintain established

41

• (1) The orders are—

• (a) an order that the respondent must make to the applicant such periodical payments for such term as may be specified;

• (b) an order that the respondent must secure to the applicant, to the satisfaction of the court, such periodical payments for such term as may be specified;

• (c) an order that the respondent must pay to the applicant such lump sum as may be specified;

• (d) an order that the respondent must make such periodical payments for such term as may be specified—

• (i) to such person as may be specified, for the benefit of the child to whom the application relates, or

• (ii) to the child to whom the application relates;

• (e) an order that the respondent must secure—

• (i) to such person as may be specified for the benefit of the child to whom the application relates, or

• (ii) to the child to whom the application relates,

to the satisfaction of the court, such periodical payments for such term as may be specified;

• (f) an order that the respondent must pay such lump sum as may be specified—

• (i) to such person as may be specified for the benefit of the child to whom the application relates, or

• (ii) to the child to whom the application relates.

• (2) In this Part “specified” means specified in the order.

Particular provision that may be made by lump sum orders

42

• (1) An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met.

• (2) An order under this Part for the payment of a lump sum may—

• (a) provide for its payment by instalments of such amount as may be specified, and

• (b) require the payment of the instalments to be secured to the satisfaction of the court.

• (3) Sub-paragraphs (1) and (2) do not restrict the power to make an order by virtue of paragraph 41(1)(c) or (f).

Matters to which the court is to have regard on application under paragraph 39(1)(a)

43

• (1) This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(a).

• (2) In deciding—

• (a) whether the respondent has failed to provide reasonable maintenance for the applicant, and

• (b) what order, if any, to make under this Part in favour of the applicant,

the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 21(2).

• (3) If an application is also made under paragraph 39 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18.

• (4) Paragraph 21(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.

Matters to which the court is to have regard on application under paragraph 39(1)(b)

44

• (1) This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(b).

• (2) In deciding—

• (a) whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and

• (b) what order, if any, to make under this Part in favour of the child,

the court must have regard to all the circumstances of the case.

• (3) Those circumstances include—

• (a) the matters mentioned in paragraph 22(2)(a) to (e), and

• (b) if the child of the family to whom the application relates is not the child of the respondent, the matters mentioned in paragraph 22(3).

• (4) Paragraph 21(2)(c) (as it applies by virtue of paragraph 22(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to—

• (a) the failure to provide, or

• (b) the failure to make a proper contribution towards,

reasonable maintenance for the child of the family to whom the application relates.

Restrictions on making orders under this Part

45

The power to make an order under paragraph 41(1)(d), (e) or (f) is subject to paragraph 49(1) and (5) (restrictions on orders in favour of children who have reached 18).

Part 10 — Commencement of certain proceedings and duration of certain orders

Commencement of proceedings for ancillary relief, etc.

46

• (1) Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made.

• (2) Subject to sub-paragraph (3), proceedings for—

• (a) an order under Part 1 (financial provision on dissolution etc.),

• (b) a property adjustment order, or

• (c) an order under Part 8 (maintenance pending outcome of dissolution, nullity or separation proceedings),

may be begun (subject to and in accordance with rules of court) at any time after the presentation of the application.

• (3) Rules of court may provide, in such cases as may be prescribed by the rules, that—

• (a) an application for any such relief as is mentioned in sub-paragraph (2) must be made in the application or response, and

• (b) an application for any such relief which—

• (i) is not so made, or

• (ii) is not made until after the end of such period following the presentation of the application or filing of the response as may be so prescribed,

may be made only with the leave of the court.

Duration of periodical and secured periodical payments orders for a civil partner

47

• (1) The court may specify in a periodical payments or secured periodical payments order in favour of a civil partner such term as it thinks fit, except that the term must not—

• (a) begin before the date of the making of an application for the order, or

• (b) extend beyond the limits given in sub-paragraphs (2) and (3).

• (2) The limits in the case of a periodical payments order are—

• (a) the death of either civil partner;

• (b) where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

• (3) The limits in the case of a secured periodical payments order are—

• (a) the death of the civil partner in whose favour the order is made;

• (b) where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

• (4) In the case of an order made on or after the making of a dissolution or nullity order, sub-paragraphs (1) to (3) are subject to paragraphs 23(3) and 59(4).

• (5) If a periodical payments or secured periodical payments order in favour of a civil partner is made on or after the making of a dissolution or nullity order, the court may direct that that civil partner is not entitled to apply under paragraph 51 for the extension of the term specified in the order.

• (6) If—

• (a) a periodical payments or secured periodical payments order in favour of a civil partner is made otherwise than on or after the making of a dissolution or nullity order, and

• (b) the civil partnership is subsequently dissolved or annulled but the order continues in force,

the order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under it on the date of its formation.

Subsequent civil partnership or marriage

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If after the making of a dissolution or nullity order one of the civil partners forms a subsequent civil partnership or marriage, that civil partner is not entitled to apply, by reference to the dissolution or nullity order, for—

• (a) an order under Part 1 in that civil partner’s favour, or

• (b) a property adjustment order,

against the other civil partner in the dissolved or annulled civil partnership.

Duration of continuing orders in favour of children, and age limit on making certain orders in their favour

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• (1) Subject to sub-paragraph (5)—

• (a) no order under Part 1,

• (b) no property adjustment order made by virtue of paragraph 7(1)(a) (transfer of property), and

• (c) no order made under Part 9 (failure to maintain) by virtue of paragraph 41,

is to be made in favour of a child who has reached 18.

• (2) The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with—

• (a) the date of the making of an application for the order or a later date, or

• (b) a date ascertained in accordance with sub-paragraph (7) or (8).

• (3) The term to be specified in such an order—

• (a) must not in the first instance extend beyond the date of the birthday of the child next following the child’s reaching the upper limit of the compulsory school age unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date, and

• (b) must not in any event, subject to sub-paragraph (5), extend beyond the date of the child’s 18th birthday.

• (4) Sub-paragraph (3)(a) must be read with section 8 of the Education Act 1996 (c. 56) (which applies to determine for the purposes of any enactment whether a person is of compulsory school age).

• (5) Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears to the court that—

• (a) the child is, or will be, or, if an order were made without complying with either or both of those provisions, would be—

• (i) receiving instruction at an educational establishment, or

• (ii) undergoing training for a trade, profession or vocation,

whether or not the child also is, will be or would be in gainful employment, or

• (b) there are special circumstances which justify the making of an order without complying with either or both of sub-paragraphs (1) and (3)(b).

• (6) A periodical payments order in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death.

• (7) If—

• (a) a maintenance calculation (“the current calculation”) is in force with respect to a child, and