|
| |
|
(b) | an order that one of the civil partners shall pay to a child of the |
| |
family, or to a specified person for the benefit of a child of the family, |
| |
| |
(c) | an order that one of the civil partners shall transfer that civil |
| |
partner’s interest in the dwelling-house, or a specified part of that |
| 5 |
| |
| |
(ii) | to a child of the family, or |
| |
(iii) | to a specified person for the benefit of a child of the family; |
| |
(d) | an order that a settlement of the interest of one of the civil partners |
| 10 |
in the dwelling-house, or a specified part of that interest, be made to |
| |
the satisfaction of the court for the benefit of any one or more of— |
| |
(i) | the other civil partner and the children of the family, or |
| |
(ii) | either or any of them; |
| |
(e) | an order varying for the benefit of any one or more of— |
| 15 |
(i) | the civil partners and the children of the family, or |
| |
(ii) | either or any of them, |
| |
| a relevant settlement so far as that settlement relates to an interest in |
| |
| |
(f) | an order extinguishing or reducing the interest of either of the civil |
| 20 |
partners under a relevant settlement so far as that interest is an |
| |
interest in the dwelling-house; |
| |
(g) | an order for the sale of the interest of one of the civil partners in the |
| |
| |
(3) | Where under paragraph 9 the court makes just one order for the payment of |
| 25 |
a lump sum by one of the civil partners, the amount of the lump sum must |
| |
not exceed the amount specified in sub-paragraph (5). |
| |
(4) | Where under paragraph 9 the court makes two or more orders each of which |
| |
is an order for the payment of a lump sum by the same civil partner, the total |
| |
of the amounts of the lump sums must not exceed the amount specified in |
| 30 |
| |
| |
(a) | if the interest of the paying civil partner in the dwelling-house is sold |
| |
in pursuance of an order made under sub-paragraph (2)(g), the |
| |
amount of the proceeds of sale of that interest after deducting from |
| 35 |
those proceeds any costs incurred in the sale of that interest; |
| |
(b) | if that interest is not so sold, the amount which in the opinion of the |
| |
court represents the value of that interest. |
| |
(6) | Where the interest of one of the civil partners in the dwelling-house is held |
| |
jointly or in common with any other person or persons— |
| 40 |
(a) | the reference in sub-paragraph (2)(g) to the interest of one of the civil |
| |
partners shall be construed as including a reference to the interest of |
| |
that other person, or the interest of those other persons, in the |
| |
| |
(b) | the reference in sub-paragraph (5)(a) to the amount of the proceeds |
| 45 |
of a sale ordered under sub-paragraph (2)(g) shall be construed as a |
| |
reference to that part of those proceeds which is attributable to the |
| |
interest of that civil partner in the dwelling-house. |
| |
(7) | In sub-paragraph (2)— |
| |
|
| |
|
| |
|
| “relevant settlement” means a settlement made, during the |
| |
subsistence of the civil partnership or in anticipation of its |
| |
formation, on the civil partners, including one made by will or |
| |
| |
| “specified” means specified in the order. |
| 5 |
Consent orders under paragraph 9 |
| |
12 (1) | On an application for a consent order under paragraph 9, the court may |
| |
make an order in the terms agreed on the basis only of the prescribed |
| |
information furnished with the application. |
| |
(2) | Sub-paragraph (1) does not apply if the court has reason to think that there |
| 10 |
are other circumstances into which it ought to inquire. |
| |
(3) | Sub-paragraph (1) applies to an application for a consent order varying or |
| |
discharging an order under paragraph 9 as it applies to an application for |
| |
| |
(4) | Sub-paragraph (1) applies despite paragraph 10. |
| 15 |
| |
| “consent order”, in relation to an application for an order, means an |
| |
order in the terms applied for to which the respondent agrees; |
| |
| “prescribed” means prescribed by rules of court. |
| |
Orders for transfers of tenancies of dwelling-houses |
| 20 |
13 (1) | This paragraph applies if— |
| |
(a) | an application is made by one of the civil partners for an order under |
| |
| |
(b) | one of the civil partners is entitled, either in his own right or jointly |
| |
with the other civil partner, to occupy a dwelling-house in Northern |
| 25 |
Ireland by virtue of a tenancy which is a tenancy mentioned in |
| |
Schedule 2 to the Family Homes and Domestic Violence (Northern |
| |
Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)). |
| |
(2) | The court may make in relation to that dwelling-house any order which it |
| |
could make under Part 2 of that Schedule (order transferring tenancy or |
| 30 |
switching statutory tenants) if it had power to make a property adjustment |
| |
order under Part 2 of Schedule 16 to this Act with respect to the civil |
| |
| |
(3) | The provisions of paragraphs 9, 10 and 13(1) of Schedule 2 to the Family |
| |
Homes and Domestic Violence (Northern Ireland) Order 1998 (payments by |
| 35 |
transferee, pre-transfer liabilities and right of landlord to be heard) apply in |
| |
relation to any order under this paragraph as they apply to any order under |
| |
| |
Application to orders under paragraphs 5 and 9 of provisions of Schedule 16 |
| |
14 (1) | The following provisions of Schedule 16 apply in relation to an order made |
| 40 |
under paragraph 5 or 9 of this Schedule as they apply in relation to a like |
| |
order made under that Schedule— |
| |
(a) | paragraph 3(1) to (3) and (7) (lump sums); |
| |
(b) | paragraphs 12, 13 and 14(2) to (4) (pension sharing); |
| |
(c) | paragraphs 20 and 21 (orders under Part 1 relating to pensions); |
| 45 |
|
| |
|
| |
|
(d) | paragraphs 34(1) to (4) and (6) and 36 (duration of orders); |
| |
(e) | paragraphs 37 to 39 and 42 to 47, except paragraph 37(1)(g) (variation |
| |
| |
(f) | paragraphs 48 to 50 (arrears and repayments); |
| |
(g) | paragraphs 63 to 66 (drafting of instruments, bankruptcy, mental |
| 5 |
disorder, and pension-sharing appeals). |
| |
(2) | Sub-paragraph (1)(d) does not apply where the court has jurisdiction to |
| |
entertain an application for an order under paragraph 9 only because a |
| |
dwelling-house which was a civil partnership home of the civil partners is |
| |
situated in Northern Ireland. |
| 10 |
(3) | Paragraph 22 of Schedule 16 (change of pension arrangement under which |
| |
rights are shared) applies in relation to an order made under paragraph 9 of |
| |
this Schedule by virtue of sub-paragraph (1)(d) as it applies to an order made |
| |
under Part 1 of Schedule 16 by virtue of paragraph 20 to 21 of that Schedule. |
| |
(4) | The Lord Chancellor may by regulations make for the purposes of this |
| 15 |
Schedule provision corresponding to any provision which may be made by |
| |
him under paragraph 23(1) to (3) of Schedule 16 (supplementary provision |
| |
about orders relating to pensions under Part 1 of that Schedule). |
| |
(5) | The power to make regulations under this paragraph is exercisable by |
| |
statutory rule for the purposes of the Statutory Rules (Northern Ireland) |
| 20 |
Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| |
(6) | Regulations under this paragraph are subject to annulment in pursuance of |
| |
a resolution of either House of Parliament in the same manner as a statutory |
| |
instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) |
| |
| 25 |
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9 |
| |
15 (1) | Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is |
| |
granted leave under paragraph 4 to make an application for an order under |
| |
| |
(2) | If the court is satisfied, on application by A, that the other civil partner (“B”) |
| 30 |
is, with the intention of defeating a claim by A, about to— |
| |
(a) | make any disposition, or |
| |
(b) | transfer out of the jurisdiction, or otherwise deal with, any property, |
| |
| it may make such order as it thinks fit for restraining B from doing so or |
| |
otherwise for protecting the claim. |
| 35 |
(3) | If the court is satisfied, on application by A— |
| |
(a) | that the other civil partner (“B”) has, with the intention of defeating |
| |
a claim by A, made a reviewable disposition, and |
| |
(b) | that, if the disposition were set aside— |
| |
(i) | financial relief under paragraph 5 or 9, or |
| 40 |
(ii) | different financial relief under paragraph 5 or 9, |
| |
| |
| it may make an order setting aside the disposition. |
| |
| |
(a) | an order under paragraph 5 or 9 has been made by the court at the |
| 45 |
instance of one of the civil partners (“A”), and |
| |
|
| |
|
| |
|
(b) | the court is satisfied, on application by A, that the other civil partner |
| |
(“B”) has, with the intention of defeating a claim by A, made a |
| |
| |
| the court may make an order setting aside the disposition. |
| |
(5) | Where the court has jurisdiction to entertain an application for an order |
| 5 |
under paragraph 9 only under paragraph 7(4), it shall not make any order |
| |
under sub-paragraph (2), (3) or (4) in respect of any property other than the |
| |
dwelling-house concerned. |
| |
(6) | Where the court makes an order under sub-paragraph (3) or (4) setting aside |
| |
a disposition, it shall give such consequential directions as it thinks fit for |
| 10 |
giving effect to the order (including directions requiring the making of any |
| |
payments or the disposal of any property). |
| |
(7) | For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph |
| |
(8), any disposition made by B is a “reviewable disposition” (whether made |
| |
before or after the commencement of A’s application under that sub- |
| 15 |
| |
(8) | A disposition made by B is not a reviewable disposition for those purposes |
| |
if made for valuable consideration (other than formation of a civil |
| |
partnership) to a person who, at the time of the disposition, acted in relation |
| |
to it in good faith and without notice of any intention on the part of B to |
| 20 |
| |
(9) | A reference in this paragraph to defeating a claim by one of the civil partners |
| |
| |
(a) | preventing financial relief being granted, or reducing the amount of |
| |
financial relief which might be granted, under paragraph 5 or 9 at the |
| 25 |
instance of that civil partner, or |
| |
(b) | frustrating or impeding the enforcement of any order which might |
| |
be, or has been, made under paragraph 5 or 9 at the instance of that |
| |
| |
Presumptions for the purposes of paragraph 15 |
| 30 |
16 (1) | Sub-paragraph (3) applies where— |
| |
(a) | an application is made under paragraph 15(2) or (3) by one of the |
| |
civil partners with respect to— |
| |
(i) | a disposition which took place less than 3 years before the |
| |
date of the application, or |
| 35 |
(ii) | a disposition or other dealing with property which is about to |
| |
| |
(b) | the court is satisfied that the disposition or other dealing would |
| |
(apart from paragraph 15 and this paragraph of this Schedule) have |
| |
the consequence of defeating a claim by the applicant. |
| 40 |
(2) | Sub-paragraph (3) also applies where— |
| |
(a) | an application is made under paragraph 15(4) by one of the civil |
| |
partners with respect to a disposition which took place less than 3 |
| |
years before the date of the application, and |
| |
(b) | the court is satisfied that the disposition has had the consequence of |
| 45 |
defeating a claim by the applicant. |
| |
(3) | It shall be presumed, unless the contrary is shown, that the person who— |
| |
| |
|
| |
|
| |
|
(b) | is about to dispose of or deal with the property, |
| |
| did so, or (as the case may be) is about to do so, with the intention of |
| |
defeating the applicant’s claim. |
| |
(4) | A reference in this paragraph to defeating a claim by one of the civil partners |
| |
has the meaning given by paragraph 15(9). |
| 5 |
| |
Steps to prevent avoidance prior to application for leave under paragraph 4 |
| |
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9 |
| |
17 (1) | If it appears to the court, on application by one of the persons (“A”) who |
| |
formed a civil partnership— |
| 10 |
(a) | that the civil partnership has been dissolved or annulled, or that the |
| |
civil partners have been legally separated, by means of judicial or |
| |
other proceedings in an overseas country, |
| |
(b) | that A intends to apply for leave to make an application for an order |
| |
under paragraph 9 as soon as he or she has been habitually resident |
| 15 |
in Northern Ireland for the period of one year, and |
| |
(c) | that the other civil partner (“B”) is, with the intention of defeating A’s |
| |
| |
(i) | make any disposition, or |
| |
(ii) | transfer out of the jurisdiction, or otherwise deal with, any |
| 20 |
| |
| the court may make such order as it thinks fit for restraining B from taking |
| |
such action as is mentioned in paragraph (c). |
| |
(2) | Sub-paragraph (1) applies even if the date of the dissolution, annulment or |
| |
legal separation is earlier than the date on which that sub-paragraph comes |
| 25 |
| |
(3) | Sub-paragraph (4) applies where— |
| |
(a) | an application is made under sub-paragraph (1) with respect to— |
| |
(i) | a disposition which took place less than 3 years before the |
| |
date of the application, or |
| 30 |
(ii) | a disposition or other dealing with property which is about to |
| |
| |
(b) | the court is satisfied that the disposition or other dealing would |
| |
(apart from this paragraph of this Schedule) have the consequence of |
| |
defeating a claim by the applicant. |
| 35 |
(4) | It shall be presumed, unless the contrary is shown, that the person who— |
| |
| |
(b) | is about to dispose of or deal with the property, |
| |
| did so, or (as the case may be) is about to do so, with the intention of |
| |
defeating the applicant’s claim. |
| 40 |
(5) | A reference in this paragraph to defeating a person’s claim is a reference to |
| |
preventing financial relief being granted, or reducing the amount of |
| |
financial relief which might be granted, under paragraph 5 or 9 at the |
| |
| |
|
| |
|
| |
|
| |
| |
Paragraphs 15 to 17: meaning of “disposition” and saving |
| |
18 (1) | In paragraphs 15 to 17 “disposition” does not include any provision |
| |
contained in a will or codicil but, with that exception, includes any |
| 5 |
conveyance, assurance or gift of property of any description, whether made |
| |
by an instrument or otherwise. |
| |
(2) | The provisions of paragraphs 15 to 17 are without prejudice to any power of |
| |
the court to grant injunctions under section 91 of the Judicature (Northern |
| |
Ireland) Act 1978 (c. 23). |
| 10 |
Interpretation of Schedule |
| |
| |
| “the court” means the High Court; |
| |
| “dwelling-house” includes— |
| |
(a) | any building, or part of a building, which is occupied as a |
| 15 |
| |
(b) | any yard, garden, garage or outhouse belonging to, and |
| |
occupied with, the dwelling-house; |
| |
| “overseas country” has the meaning given by paragraph 1(3). |
| |
| 20 |
| |
Housing and tenancies: Northern Ireland |
| |
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20)) |
| |
1 | In Article 14 (extended discretion of court), in paragraph (2), after “spouse” |
| |
(in both places) insert “or civil partner”. |
| |
2 (1) | Amend Schedule 1 (statutory tenants by succession) as follows. |
| 25 |
(2) | In paragraph 2, after “surviving spouse” insert “, or surviving civil partner,”. |
| |
(3) | In paragraph 7, after “surviving spouse” insert “, or surviving civil partner,”. |
| |
3 | In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house |
| |
required as residence for landlord or member of his family), in paragraph |
| |
(d), for “wife or husband” substitute “spouse or civil partner”. |
| 30 |
Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) |
| |
4 (1) | Amend Article 2A (meaning of member of a person’s family) as follows. |
| |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | after “live together as husband and wife” insert “or as if they were |
| 35 |
| |
(3) | In paragraph (2)(a), after “a relationship by marriage” insert “or civil |
| |
| |
|
| |
|
| |
|
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) |
| |
5 (1) | In Article 24 (interpretation), amend paragraph (3) (meaning of member of |
| |
another’s family) as follows. |
| |
(2) | After “spouse” insert “, civil partner”. |
| |
(3) | After “marriage” insert “or civil partnership”. |
| 5 |
(4) | After “live together as husband and wife” insert “or as if they were civil |
| |
| |
6 (1) | Amend Article 26 (succession on death of tenant) as follows. |
| |
(2) | In paragraph (2)(a), after “spouse” insert “or civil partner”. |
| |
(3) | In paragraph (3)(a), after “spouse” insert “or civil partner”. |
| 10 |
(4) | In paragraph (4), for “paragraph (4A)” substitute “paragraphs (4A) and |
| |
| |
(5) | After paragraph (4A) insert— |
| |
“(4B) | A tenant to whom the tenancy was assigned in pursuance of an order |
| |
under any of the following provisions of the Civil Partnership Act |
| 15 |
| |
(a) | Part 2 of Schedule 16; or |
| |
(b) | paragraph 9(2) or (3) of Schedule 18, |
| |
| is a successor only if the other civil partner was a successor.” |
| |
7 | In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) |
| 20 |
| |
“(aa) | the assignment is made in pursuance of an order made under |
| |
Part 2 of Schedule 16, or paragraph 9(2) or (3) of Schedule 18, |
| |
to the Civil Partnership Act 2004; or”. |
| |
8 | In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) |
| 25 |
| |
“(aa) | the vesting or other disposal is in pursuance of an order made |
| |
under Part 2 of Schedule 16, or paragraph 9(2) or (3) of |
| |
Schedule 18, to the Civil Partnership Act 2004; or”. |
| |
9 | In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert |
| 30 |
“or Part 2 of Schedule 16, or paragraph 9(2) or (3) of Schedule 18, to the Civil |
| |
| |
10 | In Schedule 3 (grounds for possession of dwelling-houses let under secure |
| |
tenancies), in Ground 2A— |
| |
(a) | for “a married couple or” substitute “a married couple, a couple who |
| 35 |
are civil partners of each other”, and |
| |
(b) | after “as husband and wife” insert “or a couple living together as if |
| |
they were civil partners”. |
| |
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)) |
| |
11 (1) | Amend Article 3 (meaning of a person’s family) as follows. |
| 40 |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
|
| |
|