Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
241

(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.
5
(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.
10
(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
15
civil partner.”
23
After Article 17A insert—
“17B
Restriction imposed in proceedings under Schedule 18 to the Civil
Partnership Act 2004 on application under this Order
(1)
On making an order under paragraph 9 of Schedule 18 to the Civil
20
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
25
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
30
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
35
under Article 4 made by the surviving civil partner.”
24
In Article 18(1) (power to vary secured periodical payments orders)—
(a)
after “Matrimonial Causes (Northern Ireland) Order 1978” insert “or
Schedule 16 to the Civil Partnership Act 2004”, and
(b)
after “that Order” insert “or Part 9 of that Schedule”.
40
25
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
45
(c)
after “marriage” (in the third and fourth places) insert “or civil
partnership”.

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
242

26
After Article 20 insert—
“20A
Availability of court’s powers under this Order in applications under
paragraphs 45 and 48 of Schedule 16 to the Civil Partnership Act 2004
(1)
Where—
(a)
a person against whom a secured periodical payments order
5
was made under Schedule 16 to the Civil Partnership Act
2004 has died and an application is made under paragraph 45
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
10
(b)
a party to a maintenance agreement within the meaning of
Part 11 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 58 of that Schedule for
15
the alteration of the agreement under paragraph 54 of that
Schedule,

the court to which the application is made under paragraph 45 or 58
shall have power to direct that the application shall be deemed to
have been accompanied by an application for an order under Article
20
4.
(2)
Where the court to which an application is made under paragraph 45
or 58 gives a direction under paragraph (1), that court shall have
power—
(a)
to make any order which the court would have had power to
25
make under the provisions of this Order if the application
under paragraph 45 or 58 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
30
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 45 or 58 by
35
that civil partner on the death of the other civil partner.”
27    (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
40
“(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,”.
45
      (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.”
50

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1 — Financial provision in connection with dissolution, nullity or separation
243

Schedule 16
Section 190(1)

Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1
Financial provision in connection with dissolution, nullity or separation
Circumstances in which orders under this Part may be made
5
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
10
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
15
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
20
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
25
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
30
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
35
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
40
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;

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1 — Financial provision in connection with dissolution, nullity or separation
244

(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.
5
      (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—
10
(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
15
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
20
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).
25
      (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,
30

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.
35
      (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
40
made final.
      (2)
This paragraph does not affect the power of the court to give a direction
under paragraph 63 (settlement of instrument by conveyancing counsel).

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 2 — Property adjustment on or after dissolution, nullity or separation
245

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 36(1) and (5) (restrictions on orders in favour of children who
have reached 18).
Part 2
5
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.
10
      (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
15
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;
20
(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;
25
(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
30
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
35
(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
40
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

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 3 — Pension sharing orders on or after dissolution or nullity order
246

“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
5
made final.
      (2)
This paragraph does not affect the power to give a direction under
paragraph 63 (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
10
subject to paragraph 36(1) and (5) (restrictions on making orders in favour
of children who have reached 18).
Part 3
Pension sharing orders on or after dissolution or nullity order
Circumstances in which pension sharing orders may be made
15
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.
20
Pension sharing orders
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,
25

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—
30
(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
35
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,
40
(b)
a personal pension scheme,

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 3 — Pension sharing orders on or after dissolution or nullity order
247

(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
5
(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)—
10
“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
15
1988 (c. 1).
Pension sharing orders: apportionment of charges
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—
20
(a)
Article 38 of the 1999 Order (charges in respect of pension sharing
costs), or
(b)
section 41 of the 1999 Act.
Restrictions on making of pension sharing orders
13    (1)
A pension sharing order may not be made in relation to a pension
25
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
30
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.
35
      (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.
When pension sharing orders may take effect
40
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.
45