Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

(14) In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both places), after “spouse” insert “ , civil partner ”.

(15) In paragraph 11(1), after “spouses” insert “ , civil partners ”.

(16) In paragraph 11(2), after “spouse” insert “ , civil partner ”.

(17) For paragraph 12 and the heading preceding it, substitute—

(12) The date specified in a Part II order as the date on which the order is to take effect must not be earlier than— (a) in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute; (b) in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.

(18) For paragraph 13 and the heading preceding it substitute—

(13) (1) If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order. (2) If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order. (3) In sub-paragraphs (1) and (2)— (a) the references to remarrying and marrying include references to cases where the marriage is by law void or voidable, and (b) the references to forming a civil partnership include references to cases where the civil partnership is by law void or voidable.

(19) In paragraph 15(1)—

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

(b) for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(20) In paragraph 15(2), after “spouse” insert “ , civil partner ”.

Part 2 — Consequential amendments

Land Compensation Act 1973 (c. 26)

17

(1) Amend section 29A (spouses having statutory rights of occupation) as follows.

(2) In subsection (1)—

(a) for “one spouse (“A”)” substitute “ one spouse or civil partner (“A”) ”, and

(b) for “the other spouse (“B”) acquires matrimonial home rights” substitute “ the other spouse or civil partner (“B”) acquires home rights ”.

(3) In subsection (2) for “matrimonial home rights” substitute “ home rights ”.

(4) In the heading to section 29A, after “spouses” insert “ and civil partners ”.

Housing Act 1985 (c. 68)

18

(1) Amend section 85 (extended discretion of court in certain proceedings for possession) as follows.

(2) In subsection (5)—

(a) in paragraph (a) for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”,

(b) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner, ”, and

(3) In subsection (5A)—

(a) in paragraph (a), for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”, and

(b) in paragraph (b) and in the words following paragraph (c) after “former spouse,” insert “ former civil partner, ”.

19

In section 99B (persons qualifying for compensation) in subsection (2)(f), after “spouse, former spouse,” insert “ civil partner, former civil partner, ”.

20

In section 101 (rent not to be increased on account of tenant’s improvements) in subsection (3)(d), after “spouse, former spouse,” insert “ civil partner, former civil partner, ”.

Insolvency Act 1986 (c. 45)

21

(1) Amend section 336 (rights of occupation etc. of bankrupt’s spouse) as follows.

(2) In subsection (1), for “matrimonial home rights” substitute “ home rights ”.

(3) In subsection (2)—

(a) for “a spouse’s matrimonial home rights” substitute “ a spouse’s or civil partner’s home rights ”, and

(b) after “the other spouse” (in each place) insert “ or civil partner ”.

(4) In subsection (4)(b) and (c) after “spouse or former spouse” insert “ or civil partner or former civil partner ”.

(5) In the heading to section 336 after “spouse” insert “ or civil partner ”.

22

(1) Amend section 337 (rights of occupation of bankrupt) as follows.

(2) In subsection (2), for “spouse (if any) has matrimonial home rights” substitute “ spouse or civil partner (if any) has home rights ”.

(3) In subsection (3)—

(a) in paragraph (a), for “matrimonial home rights” substitute “ home rights ”, and

(b) in paragraph (c), after “spouse” insert “ or civil partner ”.

Housing Act 1988 (c. 50)

23

(1) Amend section 9 (extended discretion of court in possession claims) as follows.

(2) In subsection (5)—

(a) for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”,

(b) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner ”, and

(3) In subsection (5A)—

(a) for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”,

(b) for “cohabitant, former cohabitant or former spouse” (in both places) substitute “ former spouse, former civil partner, cohabitant or former cohabitant ”.

Commonhold and Leasehold Reform Act 2002 (c. 15)

24

(1) Amend section 61 (matrimonial rights) as follows.

(2) For “matrimonial home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (matrimonial home))” substitute “ home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (rights in respect of matrimonial or civil partnership home)) ”.

(3) In the heading to section 61 for “Matrimonial” substitute “ Home ”.

Part 3 — Transitional provision

25

(1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)—

(a) to rights of occupation under, or within the meaning of, the Matrimonial Homes Act 1983 (c. 19), or

(b) to matrimonial home rights under, or within the meaning of, Part 4 of the Family Law Act 1996 (c. 27),

is to be construed, so far as is required for continuing the effect of the enactment, instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, Part 4 of the 1996 Act as amended by this Schedule.

(2) Any reference (however expressed) in Part 4 of the 1996 Act or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, Part 4 of the 1996 Act is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, the 1983 Act and to matrimonial home rights under, or within the meaning of, Part 4 of the 1996 Act without the amendments made by this Schedule.

SCHEDULE 10

SCHEDULE 11

Part 1 — Introductory

1

(1) This Schedule applies where—

(a) a civil partnership has been dissolved or annulled in a country or territory outside the British Islands by means of judicial or other proceedings (here the “overseas proceedings”), and

(b) the dissolution or annulment (here the “overseas determination”) is entitled to be recognised as valid in Scotland.

(2) This Schedule applies even if the date of the overseas determination is earlier than the date on which this Schedule comes into force.

Part 2 — Circumstances in which court may entertain application for financial provision

2

(1) Subject to sub-paragraph (3A), if the jurisdictional requirements and the conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied, the court may entertain an application by one of the former civil partners or former ostensible civil partners, (here “A”) for an order for financial provision.

(2) The jurisdictional requirements are—

(a) that A is domiciled or habitually resident in Scotland when the application is made,

(b) that the other former civil partner, or former ostensible civil partner, (here “B”)—

(i) is domiciled or habitually resident in Scotland when the application is made,

(ii) was domiciled or habitually resident in Scotland when A and B last lived together in civil partnership, or

(iii) when the application is made is an owner or tenant of, or has a beneficial interest in, property in Scotland which has at some time been a family home of A and B, and

(i) A or B is habitually resident in the sheriffdom, or

(ii) property mentioned in sub-paragraph (2)(b)(iii) is wholly or partially in the sheriffdom.

(3) The conditions are that—

(a) B initiated the overseas proceedings,

(b) the application is made within 5 years after the overseas determination takes effect,

(d) A and B are alive when the application is made, and

(e) (taking Part 3 of this Act to have been in force) a court in Scotland would have had jurisdiction to entertain an action for dissolution or annulment of the civil partnership, if such an action had been brought immediately before the overseas determination took effect.

(3A) If an application or part of an application relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Part 3 — Disposal of applications

3

(1) Subject to sub-paragraphs (2) to (5), Scots law applies in relation to an application made under paragraph 2 as it would apply were the application made in an action in Scotland for, as the case may be, dissolution or annulment of a civil partnership.

(2) In disposing of an application made under paragraph 2 the court must exercise its powers so as to place A and B, in so far as it is reasonable and practicable to do so, in the financial position in which they would have been had that application been disposed of, in such an action in Scotland, on the date when the overseas determination took effect.

(3) In determining what is reasonable and practicable for the purposes of sub-paragraph (2), the court must have regard in particular to—

(a) A and B’s respective resources, both present and foreseeable, at the date the application is disposed of,

(b) any order made by a foreign court in or in connection with the overseas proceedings, being an order—

(i) for the making of financial provision, in whatever form, by A for B or by B for A, or

(ii) for the transfer of property from A to B or from B to A.

(4) Subject to sub-paragraph (5), the court may make an order for an interim award of a periodical allowance where—

(a) it appears from A’s averments that in the disposal of the application an order for financial provision is likely to be made, and

(b) the court considers that such an interim award is necessary to avoid hardship to A.

(5) Where but for paragraph 2(2)(b)(iii) the court would not have jurisdiction to entertain the application, the court may make no order for financial provision other than an order—

(a) relating to the former family home or its furniture and plenishings, or

(b) that B must pay A a capital sum not exceeding the value of B’s interest in the former family home and its furniture and plenishings.

Part 4 — The expression “order for financial provision”

4

In this Schedule, “order for financial provision” means any one or more of the orders specified in section 8(1) of the Family Law (Scotland) Act 1985 (c. 37) or an order under section 111.

SCHEDULE 12

Absolute prohibitions

1

(1) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

Parent

Parent’s sibling

Sibling

Sibling’s child

(2) In the list “sibling” means a brother, sister, half-brother or half-sister.

Qualified prohibitions

2

(1) Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless—

(a) both of them have reached 21 at the time when they register as civil partners of each other, and

(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

(2) “Child of the family”, in relation to another person, means a person who—

(a) has lived in the same household as that other person, and

(b) has been treated by that other person as a child of his family.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Part 1 — Appropriate persons

1

Column 2 of the table specifies the appropriate persons (or person) to give consent to a young person whose circumstances fall within column 1 and who intends to register as the civil partner of another—

2

In the table the following expressions have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—

“care order”;

“Health and Social Care trust”;

“parental responsibility”;

“residence order”;

and in item 1 “any guardian of the young person” means any person falling within the definition of “guardian of a child” in Article 2(2) of that Order.

3

(1) This paragraph applies if—

(a) a young person and another person intend to register as civil partners of each other, and

(b) a county court is satisfied as mentioned in sub-paragraphs (3) and (4).

(2) A county court may make an order dispensing with the consent of any person whose consent is required.

(3) The court must be satisfied that the registration of the civil partnership is in the best interests of the young person.

(4) The court must be satisfied that—

(a) it is not reasonably practicable to obtain the consent of any person whose consent is required,

(b) any person whose consent is required withholds or refuses that consent, or

(5) An application for an order under this paragraph may be made—

(a) by or on behalf of the young person, or

(b) by or on behalf of the other person (who may be another young person) mentioned in sub-paragraph (1)(a),

and without the intervention of a next friend.

(6) The decision of the county court on any application made under this paragraph is final and conclusive.

Part 3 — Recording consents and orders

4

Any consent required by section 145(1) must be sent to the registrar.

5

Any order made under paragraph 3, or a certified copy of it, must be sent to the registrar.

6

The registrar must keep a record of—

(a) such particulars as may be prescribed, taken from each consent or order received by him, and

(b) the date on which each consent or order is received by him.

7

The record kept under paragraph 6 must be kept with the civil partnership notice book and section 140(5) (right of inspection) applies accordingly.

SCHEDULE 14

Part 1 — Wills

1

Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)) as follows.

2

In Article 4(1) (will made by person under 18 invalid unless he is or has been married), for “married” substitute “ a spouse or civil partner ”.

3

In Article 8(1) and (3) (avoidance of gifts to attesting witnesses and their spouses), after “spouse” (in each place) insert “ or civil partner ”.

4

In Article 9 (witnessing by creditor), after “spouse” insert “ or civil partner ”.

5

After Article 13 insert—

(13A) (1) Subject to paragraphs (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) Paragraphs (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 gift in the will should not be revoked by the formation of the civil partnership. (5) The gift takes effect despite the formation of the civil partnership. (6) Any other gift in the will also takes effect, unless it appears from the will that the testator intended the gift to be revoked by the formation of the civil partnership. (13B) (1) This Article applies if, after a testator has made a will— (a) a court of civil jurisdiction in Northern Ireland 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 Northern Ireland under Chapter 3 of Part 5 of the Civil Partnership Act 2004. (2) Subject to any contrary intention appearing from 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) except as provided in paragraph (3), any property comprising or included in a gift to the former civil partner passes as if the former civil partner had died on that date. (3) Where property comprising or included in a gift to the former civil partner is a share of residue, the will takes effect as if the gift of the residue were to the other person or persons entitled to it (and, if more than one, in such shares as to preserve the ratio of their former shares), to the exclusion of the former civil partner. (4) Paragraph (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) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8)).

6

In Article 14 (revocation), in paragraph (1)(a), after “Article 12 (marriage)” insert “ or Article 13A (civil partnership) ”.

7

(1) Amend Article 23 (presumption as to effect of gift to spouses) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In the heading to Article 23, after “spouses” insert “ or civil partners ”.

8

In Article 27(3) (construction and effect of references to failure of issue), after “married” insert “ or formed a civil partnership ”.

Part 2 — Administration of estates and family provision

Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))

9

(1) Amend section 6A (spouse dying within 28 days of intestate) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In the sidenote to section 6A, after “Spouse” insert “ or civil partner ”.

10

(1) Amend section 7 (rights of surviving spouse) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) In subsection (7), after “husband” insert “ , or of section 180 of the Civil Partnership Act 2004 ”.

(4) In the sidenote to section 7, after “spouse” insert “ or civil partner ”.

11

In section 8 (rights of issue), after “spouse” insert “ or civil partner ”.

12

In section 9 (rights of parents), after “spouse” insert “ or civil partner ”.

13

In section 10 (rights of brothers and sisters and their issue), after “spouse” (in both places) insert “ or civil partner ”.

14

In section 11 (rights of next-of-kin), in subsection (1) after “neither spouse” insert “ nor civil partner ”.

15

In section 38 (power to appoint trustees of infant’s property), in subsection (5) after “marries” insert “ , or forms a civil partnership, ”.

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8))

16

(1) Amend Article 2 (interpretation) as follows.

(2) In paragraph (2), after the definition of “child” insert—

“civil partnership proceedings county court” has the same meaning as in the Civil Partnership Act 2004;

(3) In that paragraph, in the definition of “former wife” and “former husband”, for “ “former wife” or “former husband”” substitute “ “former spouse” ”.

(4) In that paragraph, 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 United Kingdom or the Channel Islands or the Isle of Man, or (b) dissolved or annulled in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man by a dissolution or annulment which is entitled to be recognised as valid by the law of Northern Ireland;

(5) In that paragraph, in the definition of “reasonable financial provision”, after paragraph (a) insert—

(aa) in the case of an application made by virtue of Article 3(1)(a) by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 4 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;

(6) In paragraph (5)—

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

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

(7) For paragraph (6) substitute—

(5A) For the purposes of this Order 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 Northern Ireland, or (b) that person has during the lifetime of the deceased formed a subsequent civil partnership or marriage. (6) Any reference in this Order 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. (6A) The formation of a marriage or civil partnership shall be treated for the purposes of this Order 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.

17

(1) Amend Article 3 (application for financial provision from deceased person’s estate) as follows.

(2) For paragraph (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 paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after “paragraph (1A)” insert “ or (1B) ”.

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

(5) After paragraph (1A) insert—

(1B) This paragraph 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.

18

In Article 4(1) (orders which may be made on an application), after sub-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.

19

(1) Amend Article 5(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 “or (b)” substitute— “ This paragraph applies, without prejudice to the generality of sub-paragraph (g) of paragraph (1), where an application for an order under Article 4 is made by virtue of Article 3(1)(a) or (b). ”

(3) The words from “the court shall, in addition” to the end of sub-paragraph (b) shall become a second sentence of the paragraph and, in sub-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 paragraph, omitting the immediately preceding “and”.

(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 4 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. ”

20

In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after “wife” insert “ or civil partner ”.

21

(1) In Article 8(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) ”.

(2) In Article 8(9), for “or (f)” substitute “ (f) or (g) ”.

22

After Article 16 insert—

(16A) (1) Paragraph (2) applies where— (a) a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of Part 4 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 15 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 Article 4 is made by the surviving civil partner, the court shall, notwithstanding anything in Article 3 or 5, have power, if it thinks it just to do so, to treat the surviving civil partner as if the order mentioned in paragraph (1)(a) had not been made. (3) This Article 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.

23

After Article 17 insert—

(17ZA) (1) On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004, or at any time after making such an order, the High Court or a civil partnership proceedings county 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 Article 4. (2) In the case of a dissolution order, nullity order or presumption of death order (“the main order”) an order may be made under paragraph (1) 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. (3) Where an order under paragraph (1) 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 Article 4 made by the surviving civil partner. (4) Where an order under paragraph (1) 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 Article 4 made by the surviving civil partner.

24

After Article 17A insert—

(17B) (1) On making an order under paragraph 9 of Schedule 17 to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and pension-sharing following overseas dissolution etc. of civil partnership) the High 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 Article 4. (2) Where an order under paragraph (1) 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 Article 4 made by the surviving civil partner. (3) Where an order under paragraph (1) 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 Article 4 made by the surviving civil partner.

25

In Article 18(1) (power to vary secured periodical payments orders)—

(a) after “Matrimonial Causes (Northern Ireland) Order 1978” insert “ or Schedule 15 to the Civil Partnership Act 2004 ”, and

(b) after “that Order” insert “ or Part 10 of that Schedule ”.

26

In Article 19(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

27

After Article 20 insert—

(20A) (1) Where— (a) a person against whom a secured periodical payments order was made under Schedule 15 to the Civil Partnership Act 2004 has died and an application is made under paragraph 53 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 12 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 66 of that Schedule for the alteration of the agreement under paragraph 62 of that Schedule, the court to which the application is made under paragraph 53 or 66 shall have power to direct that the application shall be deemed to have been accompanied by an application for an order under Article 4. (2) Where the court to which an application is made under paragraph 53 or 66 gives a direction under paragraph (1), that court shall have power— (a) to make any order which the court would have had power to make under the provisions of this Order if the application under paragraph 53 or 66 had been made jointly with an application for an order under Article 4; and (b) to give such consequential directions as may be necessary for enabling it to exercise any of the powers available to it under this Order in the case of an application for an order under Article 4. (3) Where an order made under Article 17ZA(1) is in force with respect to a civil partner, a direction shall not be given under paragraph (1) with respect to any application made under paragraph 53 or 66 by that civil partner on the death of the other civil partner.

28

(1) Amend Article 21 (effect, duration and form of orders) as follows.

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

(3) In paragraph (2), after sub-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 4 of the Civil Partnership Act 2004 was in force in relation to their civil partnership and the separation was continuing,

(4) In that paragraph, in the words after sub-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. ”

SCHEDULE 15

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).

(5) If the court makes an order under sub-paragraph (1), (2) or (4), it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the disposal of any property).

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;

(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 71 (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 44(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;

(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) If the court makes a property adjustment order, it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).

(4) 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 3), 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 71 (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 44(1) and (5) (restrictions on making orders in favour of children who have reached 18).

10

(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.

11

(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 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), or

(b) Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c. 30).

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

(a) Chapter 2 of Part 5 of the 1999 Order, or

(b) Chapter 2 of Part 4 of the 1999 Act.

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

(a) an occupational pension scheme,

(b) a personal pension scheme,

(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) Article 26(1)(b) of the 1999 Order, or

(ii) section 29(1)(b) of the 1999 Act.

(5) In sub-paragraph (4)—

“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

“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).

12

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) Article 38 of the 1999 Order (charges in respect of pension sharing costs), or

(b) section 41 of the 1999 Act.

13

(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 5 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.

14

(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 rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) Regulations under sub-paragraph (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Part 4 — Matters to which court is to have regard under Parts 1 to 3A

General

15

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) any provision of Part 3 (pension sharing orders) other than paragraph 12 (apportionment of charges), or

(iv) any provision of Part 3A (pension compensation sharing orders) other than paragraph 14C (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

16

(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), . . .

(d) Part 3A (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 the civil partner 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;

(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

17

(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), or

(b) Part 2 (property adjustment 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;

(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 16(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;

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

Terminating considerations

18

(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), . . .

(d) Part 3A (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 5 — Making of Part 1 orders having regard to pension benefits

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

19

(1) The matters to which the court is to have regard under paragraph 16(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 16(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 16(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

20

(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

21

(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 of the provision in sub-paragraphs (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

22

If—

(a) a Part 1 order made by virtue of paragraph 20 or 21 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

23

(1) The Lord Chancellor may by regulations—

(a) make provision, in relation to any provision of paragraphs 20 or 21 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 20 or 21 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 20 and 21;

(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 20 or 21;

(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 11(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 Article 27 or 46(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)).

(3) The power to make regulations under paragraph 22 or this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) Regulations under paragraph 22 or this paragraph are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(5) “Prescribed” means prescribed by regulations.

Interpretation of provisions relating to pensions

24

(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 3.

(3) In this Part, references to the person responsible for a pension arrangement are to be read in accordance with Article 23 of the 1999 Order.

Part 6 — Pension protection fund compensation etc.

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

25

(1) The matters to which a court is to have regard under paragraph 16(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 16(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 16(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 20(2) cases

26

(1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(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 20(5) cases

27

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

(a) it includes provision made by virtue of paragraph 20(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 21 in respect of assessment period

28

Regulations may modify paragraph 21 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.

29

(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 20(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 46 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

30

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.

31

(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 rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Regulations under this Part are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Interpretation

32

(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 24(1);

“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

“prescribed” means prescribed by regulations;

“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 7 — Maintenance pending outcome of dissolution, nullity or separation proceedings

33

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.

Part 8 — Failure to maintain: financial provision (and interim orders)

Circumstances in which orders under this Part may be made

34

(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 Northern Ireland 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

(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 36.

(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

35

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

36

(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;

(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

37

(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 36(1)(c) or (f).

Matters to which the court is to have regard on application under paragraph 34(1)(a)

38

(1) This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(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 16(2).

(3) If an application is also made under paragraph 34 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 16(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 34(1)(b)

39

(1) This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(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 17(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 17(3).

(4) Paragraph 16(2)(c) (as it applies by virtue of paragraph 17(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

40

The power to make an order under paragraph 36(1)(d), (e) or (f) is subject to paragraph 44(1) and (5) (restrictions on orders in favour of children who have reached 18).

Part 9 — Commencement of certain proceedings and duration of certain orders

Commencement of proceedings for ancillary relief, etc.

41

(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

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 defence, 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 defence 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

42

(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 18(3) and 52(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 46 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

43

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

44

(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

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) In sub-paragraph (3)(a) “compulsory school age” has the meaning given in Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).

(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

(b) an application is made under this Schedule for a periodical payments or secured periodical payments order in favour of that child before the end of 6 months beginning with the making of the current calculation,

the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.

(8) “The earliest permitted date” is whichever is the later of—

(a) the date 6 months before the application is made, or

(b) the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.

(9) If—

(a) a maintenance calculation ceases to have effect by or under any provision of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)), and

(b) an application is made, before the end of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect,

the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect or any later date.

(10) “The relevant date” means the date on which the maintenance calculation ceased to have effect.

(11) In this Schedule “maintenance calculation” has the same meaning as it has in the 1991 Order.

Part 10 — Variation, discharge etc. of certain orders for financial relief

Orders etc. to which this Part applies

45

(1) This Part applies to the following orders—

(a) a periodical payments order under Part 1 (financial provision on dissolution etc.) or Part 8 (failure to maintain);

(b) a secured periodical payments order under Part 1 or 8;

(d) an interim order under Part 8;

(e) an order made under Part 1 by virtue of paragraph 3(3) or under Part 8 by virtue of paragraph 37(2) (lump sum by instalments);

(f) a deferred order made under Part 1 by virtue of paragraph 2(1)(c) (lump sum for civil partner) which includes provision made by virtue of—

(i) paragraph 20(2), . . .

(ii) paragraph 21, or

(iii) paragraph 29A(2),

(provision in respect of pension rights or pension compensation rights);

(g) a property adjustment order made on or after the making of a separation order by virtue of paragraph 7(1)(b), (c) or (d) (order for settlement or variation of settlement);

(h) a pension sharing order , or a pension compensation sharing order, made before the dissolution or nullity order has been made final.

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