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 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 2 — Orders for agreed financial provision
276

(b)
any other person, willing and able to do so and acceptable to both
parties, whom the court may appoint,

should attempt to effect a reconciliation between the civil partners.
      (4)
If any such request is made, the person—
(a)
must report in writing to the court whether the attempt has been
5
successful, but
(b)
must not include in the report any other information.
      (5)
The powers conferred by this paragraph are additional to any other power
of the court to adjourn proceedings.
Refusal of order in case more suitable for High Court
10
8     (1)
If on hearing an application for an order under this Part a court of summary
jurisdiction is of the opinion that any of the matters in question between the
civil partners would be more suitably dealt with by the High Court, the court
of summary jurisdiction must refuse to make any order on the application.
      (2)
No appeal lies from a refusal under sub-paragraph (1).
15
      (3)
But, in any proceedings in the High Court relating to or comprising the same
subject matter as an application in respect of which a court of summary
jurisdiction has refused to make any order, the High Court may order the
application to be reheard and determined by a court of summary jurisdiction
acting for the same petty sessions district as the court which refused to make
20
any order.
Part 2
Orders for agreed financial provision
Orders for payments which have been agreed by the parties
9     (1)
Either civil partner may apply to the court for an order under this Part on the
25
ground that that civil partner or the other civil partner has agreed to make
such financial provision as may be specified in the application.
      (2)
On such an application or on a request under paragraph 14, the court may
order that the applicant or the respondent (as the case may be) is to make the
financial provision specified in the application or request, if—
30
(a)
it is satisfied that the applicant or the respondent (as the case may be)
has agreed in writing to make that provision, and
(b)
it has no reason to think that it would be contrary to the interests of
justice to do so.
      (3)
Sub-paragraph (2) is subject to paragraph 12.
35
      (4)
The making of an order under this Part (“Part 2 order”) does not prevent the
making of an order under Part 1 (“Part 1 order”) on a subsequent application
for a Part 1 order.
      (5)
On the making of a Part 2 order, the Part 1 order ceases to have effect.
      (6)
Sub-paragraph (5) does not affect the power of the court under Part 6 to
40
revoke the Part 1 order.

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 2 — Orders for agreed financial provision
277

Meaning of “financial provision” and of references to specified financial provision
10    (1)
In this Part “financial provision” means any one or more of the following—
(a)
the making of periodical payments by one civil partner to the other;
(b)
the payment of a lump sum by one civil partner to the other;
(c)
the making of periodical payments by one civil partner to a child of
5
the family or to the other civil partner for the benefit of such a child;
(d)
the payment by one party of a lump sum to a child of the family or
to the other civil partner for the benefit of such a child.
      (2)
Any reference in this Part to the financial provision specified in an
application under this Part or a request under paragraph 14 or specified by
10
the court is a reference—
(a)
to the type of provision specified in the application or request or by
the court,
(b)
to the amount so specified as the amount of any payment to be made
under the application or order, and
15
(c)
in the case of periodical payments, to the term so specified as the
term for which the payments are to be made.
Evidence to be produced where respondent not present etc.
11    (1)
This paragraph applies if the respondent—
(a)
is not present, or
20
(b)
is not represented by counsel or a solicitor,

at the hearing of an application for an order under this Part.
      (2)
The court must not make an order under this Part unless there is produced
to it such evidence as may be prescribed by rules of court of—
(a)
the consent of the respondent to the making of the order,
25
(b)
the financial resources of the respondent, and
(c)
if the financial provision specified in the application includes or
consists of provision in respect of a child of the family to be made by
the applicant to the respondent for the benefit of the child or to the
child, the financial resources of the child.
30
Exercise of powers in relation to children
12    (1)
This paragraph applies if the financial provision specified in an application
under this Part or a request under paragraph 14—
(a)
includes, or
(b)
consists of,
35

provision in respect of a child of the family.
      (2)
The court must not make an order under this Part unless it considers that the
provision which the applicant or the respondent (as the case may be) has
agreed to make in respect of the child provides for, or makes a proper
contribution towards, the financial needs of the child.
40
Power to make alternative orders
13    (1)
This paragraph applies if on an application under this Part or a request
under paragraph 14 the court decides—

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 3 — Orders of court where civil partners living apart by agreement
278

(a)
that it would be contrary to the interests of justice to make an order
for the making of the financial provision specified in the application
or request, or
(b)
that any financial provision which the applicant or the respondent
(as the case may be) has agreed to make in respect of a child of the
5
family does not provide for, or make a proper contribution towards,
the financial needs of that child.
      (2)
If the court is of the opinion—
(a)
that it would not be contrary to the interests of justice to make an
order for the making of some other financial provision specified by
10
the court, and
(b)
that, in so far as that other financial provision contains any provision
for a child of the family, it provides for, or makes a proper
contribution towards, the financial needs of that child,

then, if both the civil partners agree, the court may order the applicant or the
15
respondent (as the case may be) is to make that other financial provision.
Request for order under this Part in proceedings under Part 1
14    (1)
On an application for an order under Part 1, both civil partners may, before
the determination of the application, request the court to make an order
under this Part that the applicant or the respondent (as the case may be) is to
20
make the financial provision specified in the request.
      (2)
If an order is made under this Part on a request under this paragraph the
application for the Part 1 order is to be treated as if it had been withdrawn.
      (3)
In any of the following provisions of this Schedule —
(a)
references to an application for an order under this Part include a
25
request under this paragraph, and
(b)
references to an applicant or respondent, in relation to any such
request, are to the applicant or respondent in relation to the pending
application under Part 1.
Part 3
30
Orders of court where civil partners living apart by agreement
Powers of court where civil partners are living apart by agreement
15    (1)
If—
(a)
the civil partners have been living apart for a continuous period
exceeding 3 months, neither civil partner having deserted the other,
35
and
(b)
one of the civil partners has been making periodical payments for the
benefit of the other civil partner or of a child of the family,

the other civil partner may apply to the court for an order under this Part.
      (2)
An application made under sub-paragraph (1) must specify the total amount
40
of the payments made by the respondent during the period of 3 months
immediately preceding the date of the making of the application.
      (3)
If on an application for an order under this Part the court is satisfied that the
respondent has made the payments specified in the application, the court
may make one or both of the orders set out in paragraph 16.
45

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 3 — Orders of court where civil partners living apart by agreement
279

      (4)
Sub-paragraph (3) is subject to the provisions of this Schedule.
The orders that may be made under this Part
16    (1)
The orders are—
(a)
an order that the respondent is to make to the applicant such
periodical payments for such term as may be specified;
5
(b)
an order that the respondent is to make—
(i)
to the applicant for the benefit of a child of the family to
whom the application relates, or
(ii)
to a child of the family to whom the application relates,

such periodical payments for such term as may be specified.
10
      (2)
“Specified” means specified in the order.
Restrictions on orders under this Part
17
The court in the exercise of its powers under this Part must not require—
(a)
the respondent to make payments whose total amount during any
period of 3 months exceeds the total amount paid by him for the
15
benefit of—
(i)
the applicant, or
(ii)
a child of the family,

during the period of 3 months immediately preceding the date of the
making of the application;
20
(b)
the respondent to make payments to or for the benefit of any person
which exceed in amount the payments which the court considers that
it would have required the respondent to make to or for the benefit
of that person on an application under Part 1;
(c)
payments to be made to or for the benefit of a child of the family who
25
is not the respondent’s child, unless the court considers that it would
have made an order in favour of that child on an application under
Part 1.
Relationship with powers under Part 1
18    (1)
Sub-paragraph (2) applies if on an application under this Part the court
30
considers that the orders which it has the power to make under this Part—
(a)
would not provide reasonable maintenance for the applicant, or
(b)
if the application relates to a child of the family, would not provide,
or make a proper contribution towards, reasonable maintenance for
that child.
35
      (2)
The court—
(a)
must refuse to make an order under this Part, but
(b)
may treat the application as if it were an application for an order
under Part 1.
Matters to be taken into consideration
40
19
Paragraphs 4 to 6 apply in relation to an application for an order under this
Part as they apply in relation to an application for an order under Part 1,
subject to the modification that for the reference in paragraph 5(2)(c) to the

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 4 — Interim orders
280

occurrence of the conduct which is alleged as the ground of the application
substitute a reference to the living apart of the civil partners.
Part 4
Interim orders
Circumstances in which interim orders may be made
5
20    (1)
This paragraph applies if an application has been made for an order under
Part 1, 2 or 3.
      (2)
The court may make an interim order—
(a)
at any time before making a final order on, or dismissing, the
application, or
10
(b)
on refusing (under paragraph 8) to make an order on the application.
      (3)
The High Court may make an interim order on ordering the application to
be reheard by a court (after the refusal of an order under paragraph 8).
      (4)
The county court may make an interim order on an appeal from the order
made by the court on the application at any time before making a final order
15
on, or dismissing, an appeal made by virtue of paragraph 46.
      (5)
Not more than one interim order may be made with respect to an application
for an order under Part 1, 2 or 3.
      (6)
Sub-paragraph (5) does not affect the power of a court to make an interim
order on a further application under Part 1, 2 or 3.
20
Meaning of interim order
21    (1)
An interim order is an order requiring the respondent to make such
periodical payments as the court thinks reasonable—
(a)
to the applicant,
(b)
to any child of the family who is under 18, or
25
(c)
to the applicant for the benefit of such a child.
      (2)
In relation to an interim order in respect of an application for an order under
Part 2 by the civil partner who has agreed to make the financial provision
specified in the application, sub-paragraph (1) applies as if—
(a)
the reference to the respondent were a reference to the applicant, and
30
(b)
the references to the applicant were references to the respondent.
When interim order may start
22    (1)
An interim order may provide for payments to be made from such date as
the court may specify, except that the date must not be earlier than the date
of the making of the application for an order under Part 1, 2 or 3.
35
      (2)
Sub-paragraph (1) is subject to paragraph 27(10) and (11).
Payments which can be treated as having been paid on account
23    (1)
If an order under Part 1, 2 or 3 made by the county court on an appeal from
the court provides for payments to be made from a date earlier than the date
of the making of the order, the interim order may provide that payments
40
made by the respondent under an order made by the court are to be treated,

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 4 — Interim orders
281

to such extent and in such manner as may be provided by the interim order,
as having been paid on account of any payment provided for by the interim
order.
      (2)
In relation to an interim order in respect of an application for an order under
Part 2 by the civil partner who has agreed to make the financial provision
5
specified in the application, sub-paragraph (1) applies as if the reference to
the respondent were a reference to the applicant.
When interim order ceases to have effect
24    (1)
Subject to sub-paragraphs (2) and (3), an interim order made on an
application for an order under Part 1, 2 or 3 ceases to have effect on the
10
earliest of the following dates—
(a)
the date, if any, specified for the purpose in the interim order;
(b)
the date on which the period of 14 weeks from the date of the making
of the interim order ends;
(c)
the date on which the court either makes a final order on, or
15
dismisses, the application, or, where the interim order was made by
a county court on an appeal, the date on which that court either
makes a final order on, or dismisses, the appeal.
      (2)
If an interim order made under this Part would, but for this sub-paragraph,
cease to have effect under sub-paragraph (1)(a) or (b)—
20
(a)
the court which made the order, or
(b)
in the case of an interim order made by the High Court, the court by
which the application for an order under Part 1, 2 or 3 is to be
reheard,

may by order provide that the interim order is to continue in force for a
25
further period.
      (3)
An order continued in force under sub-paragraph (2) ceases to have effect on
the earliest of the following dates—
(a)
the date, if any, specified for the purpose in the order continuing it;
(b)
the date on which ends the period of 14 weeks from—
30
(i)
the date of the making of the order continuing it, or
(ii)
if more than one such order has been made with respect to
the application, the date of the making of the first such order;
(c)
the date on which the court either makes a final order on, or
dismisses, the application, or, where the interim order was made by
35
a county court on an appeal, the date on which that court either
makes a final order on, or dismisses, the appeal.
Supplementary
25
An interim order made by the High Court under paragraph 20(3) on
ordering an application to be reheard by the court is to be treated for the
40
purposes of—
(a)
its enforcement, and
(b)
Part 6 (variation etc. of orders),

as if it were an order of the court (and not of the High Court).

Civil Partnership Bill [HL]
Schedule 17 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3
282

Part 5
Commencement and duration of orders under Parts 1, 2 and 3
Duration of periodical payments order for a civil partner
26    (1)
The court may specify in a periodical payments order made under
paragraph 2(1)(a) or Part 3 in favour of a civil partner such term as it thinks
5
fit, except that the term must not—
(a)
begin before the date of the making of the application for the order,
or
(b)
extend beyond the death of either of the civil partners.
      (2)
If—
10
(a)
a periodical payments order is made under paragraph 2(1)(a) or Part
3 in favour of one of the civil partners, and
(b)
the civil partnership is subsequently dissolved or annulled but the
order continues in force,

the periodical payments order ceases to have effect (regardless of anything
15
in it) on the formation of a subsequent civil partnership or marriage by that
civil partner, except in relation to any arrears due under the order on the
date of that event.
      (3)
If a periodical payments order ceases to have effect by virtue of sub-
paragraph (2) on the formation of a subsequent civil partnership or marriage
20
by a person, that person must give notice of the subsequent civil partnership
or marriage to the court.
      (4)
Any person who without reasonable excuse fails to give notice as required
by sub-paragraph (3) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
25
Age limit on making orders for financial provision for children and duration of such orders
27    (1)
Subject to sub-paragraph (5), no order is to be made under paragraph 2(1)(c)
or (d) or Part 3 in favour of a child who has reached 18.
      (2)
The term to be specified in a periodical payments order made under
paragraph 2(1)(c) or Part 3 in favour of a child may begin with—
30
(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
35
of the child next following his 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
40
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
45
to the court that—