House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 4 — Wills, administration of estates and family provision
Part 2 — Administration of estates and family provision

149

 

accompanied by an application for an order under section 2 of this

Act.

(2)   

Where the court gives a direction under subsection (1) above it shall

have power, in the proceedings on the application under paragraph

60 or 73 of that Schedule, to make any order which the court would

5

have had power to make under the provisions of this Act if the

application under that paragraph had been made jointly with an

application for an order under section 2 of this Act; and the court

shall have power to give such consequential directions as may be

necessary for enabling the court to exercise any of the powers

10

available to the court under this Act in the case of an application for

an order under section 2.

(3)   

Where an order made under section 15ZA(1) of this Act is in force

with respect to a civil partner, the court shall not give a direction

under subsection (1) above with respect to any application made

15

under paragraph 60 or 73 of that Schedule by that civil partner on the

death of the other civil partner.”

26    (1)  

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

      (2)  

In subsection (2)(a), for “former husband or former wife” substitute “former

spouse or former civil partner”.

20

      (3)  

In subsection (2), after paragraph (b) insert “or

(c)   

an applicant who was the civil partner of the deceased in a

case where, at the date of death, a separation order under

Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in

force in relation to their civil partnership and the separation

25

was continuing,”.

      (4)  

In that subsection, in the words after paragraph (b), for “on the remarriage

of the applicant” onwards substitute “on the formation by the applicant of a

subsequent marriage or civil partnership, except in relation to any arrears

due under the order on the date of the formation of the subsequent marriage

30

or civil partnership.”

      (5)  

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

27    (1)  

Amend section 25 (interpretation) as follows.

      (2)  

In subsection (1), in the definition of “former wife” and “former husband”,

for ““former wife” or “former husband”” substitute ““former spouse””.

35

      (3)  

In that subsection, before that definition insert—

   

““former civil partner” means a person whose civil partnership

with the deceased was during the lifetime of the deceased

either—

(a)   

dissolved or annulled by an order made under the

40

law of any part of the British Islands, or

(b)   

dissolved or annulled in any country or territory

outside the British Islands by a dissolution or

annulment which is entitled to be recognised as valid

by the law of England and Wales;”.

45

      (4)  

In subsection (4)—

(a)   

before “wife” insert “spouse,” and

(b)   

in paragraph (b), for “entered into a later marriage” substitute

“formed a subsequent marriage or civil partnership”.

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 1 — Financial provision in connection with dissolution, nullity or separation

150

 

      (5)  

For subsection (5) substitute—

“(4A)   

For the purposes of this Act any reference to a civil partner shall be

treated as including a reference to a person who in good faith formed

a void civil partnership with the deceased unless either—

(a)   

the civil partnership between the deceased and that person

5

was dissolved or annulled during the lifetime of the deceased

and the dissolution or annulment is recognised by the law of

England and Wales, or

(b)   

that person has during the lifetime of the deceased formed a

subsequent civil partnership or marriage.

10

(5)   

Any reference in this Act to the formation of, or to a person who has

formed, a subsequent marriage or civil partnership includes (as the

case may be) a reference to the formation of, or to a person who has

formed, a marriage or civil partnership which is by law void or

voidable.

15

(5A)   

The formation of a marriage or civil partnership shall be treated for

the purposes of this Act as the formation of a subsequent marriage or

civil partnership, in relation to either of the spouses or civil partners,

notwithstanding that the previous marriage or civil partnership of

that spouse or civil partner was void or voidable.”

20

      (6)  

After subsection (6) insert—

“(6A)   

Any reference in this Act to an order made under, or under any

provision of, the Civil Partnership Act 2004 shall be construed as

including a reference to anything which is deemed to be an order

made (as the case may be) under that Act or provision.”

25

Schedule 5

Section 72(1)

 

Financial relief in the High Court or a county court etc.

Part 1

Financial provision in connection with dissolution, nullity or separation

Circumstances in which orders under this Part may be made

30

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

35

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

40

within a reasonable period after the dismissal.

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 1 — Financial provision in connection with dissolution, nullity or separation

151

 

      (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

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

10

satisfaction of the court, such periodical payments for such term as

may be specified;

(c)   

an order that either civil partner must pay to the other such lump

sum or sums as may be specified;

(d)   

an order that one of the civil partners must make —

15

(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—

20

(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;

25

(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.

30

      (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—

35

(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

40

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

45

specified, and

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 2 — Property adjustment on or after dissolution, nullity or separation

152

 

(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—

5

(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

10

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.

15

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.

20

      (2)  

This paragraph does not affect the power of the court to give a direction

under paragraph 76 (settlement of instrument by conveyancing counsel).

Restrictions on making of orders under this Part

5          

The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to

paragraph 49(1) and (5) (restrictions on orders in favour of children who

25

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—

30

(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

35

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

40

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 3 — Sale of property orders

153

 

(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—

5

(i)   

the other civil partner and the children of the family, or

(ii)   

either or any of them;

(c)   

an order varying for the benefit of—

(i)   

the civil partners and the children of the family, or

(ii)   

either or any of them,

10

   

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.

15

      (3)  

In this paragraph—

“entitled” means entitled in possession or reversion,

“relevant settlement” means, in relation to a civil partnership, a

settlement made, during its subsistence or in anticipation of its

formation, on the civil partners including one made by will or

20

codicil, but not including one in the form of a pension arrangement

(within the meaning of Part 4), and

“specified” means specified in the order.

When property adjustment orders may take effect

8     (1)  

If a property adjustment order is made on or after making a dissolution or

25

nullity order, neither the property adjustment order nor any settlement

made under it takes effect unless the dissolution or nullity order has been

made final.

      (2)  

This paragraph does not affect the power to give a direction under

paragraph 76 (settlement of instrument by conveyancing counsel).

30

Restrictions on making property adjustment orders

9          

The power to make a property adjustment order under paragraph 7(1)(a) is

subject to paragraph 49(1) and (5) (restrictions on making orders in favour

of children who have reached 18).

Part 3

35

Sale of property orders

Circumstances in which sale of property orders may be made

10    (1)  

The court may make a sale of property order—

(a)   

on making —

(i)   

under Part 1, a secured periodical payments order or an order

40

for the payment of a lump sum, or

(ii)   

a property adjustment order, or

(b)   

at any time afterwards.

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 3 — Sale of property orders

154

 

      (2)  

In this Schedule “sale of property order” means a sale of property order

under this Part.

Sale of property orders

11    (1)  

A sale of property order is an order for the sale of such property as may be

specified, being property in which, or in the proceeds of sale of which, either

5

or both of the civil partners has or have a beneficial interest, either in

possession or reversion.

      (2)  

A sale of property order may contain such consequential or supplementary

provisions as the court thinks fit.

      (3)  

A sale of property order may in particular include—

10

(a)   

provision requiring the making of a payment out of the proceeds of

sale of the property to which the order relates, and

(b)   

provision requiring any property to which the order relates to be

offered for sale to a specified person, or class of persons.

      (4)  

“Specified” means specified in the order.

15

When sale of property orders may take effect

12    (1)  

If a sale of property order is made on or after the making of a dissolution or

nullity order, it does not take effect unless the dissolution or nullity order

has been made final.

      (2)  

Where a sale of property order is made, the court may direct that—

20

(a)   

the order, or

(b)   

such provision of it as the court may specify,

           

is not to take effect until the occurrence of an event specified by the court or

the end of a period so specified.

When sale of property orders cease to have effect

25

13         

If a sale of property order contains a provision requiring the proceeds of sale

of the property to which the order relates to be used to secure periodical

payments to a civil partner, the order ceases to have effect—

(a)   

on the death of the civil partner, or

(b)   

on the formation of a subsequent civil partnership or marriage by the

30

civil partner.

Protection of third parties

14    (1)  

Sub-paragraphs (2) and (3) apply if—

(a)   

a civil partner has a beneficial interest in any property, or in the

proceeds of sale of any property, and

35

(b)   

another person (“A”) who is not the other civil partner also has a

beneficial interest in the property or the proceeds.

      (2)  

Before deciding whether to make a sale of property order in relation to the

property, the court must give A an opportunity to make representations

with respect to the order.

40

      (3)  

Any representations made by A are included among the circumstances to

which the court is required to have regard under paragraph 20.

 

 

Civil Partnership Bill [HL]
Schedule 5 — Financial relief in the High Court or a county court etc.
Part 4 — Pension sharing orders on or after dissolution or nullity order

155

 

Part 4

Pension sharing orders on or after dissolution or nullity order

Circumstances in which pension sharing orders may be made

15    (1)  

The court may make a pension sharing order—

(a)   

on making a dissolution or nullity order, or

5

(b)   

at any time afterwards.

      (2)  

In this Schedule “pension sharing order” means a pension sharing order

under this Part.

Pension sharing orders

16    (1)  

A pension sharing order is an order which—

10

(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

15

(b)   

specifies the percentage value to be transferred.

      (2)  

Shareable rights under a pension arrangement are rights in relation to which

pension sharing is available under—

(a)   

Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999

(c. 30), or

20

(b)   

corresponding Northern Ireland legislation.

      (3)  

Shareable state scheme rights are rights in relation to which pension sharing

is available under—

(a)   

Chapter 2 of Part 4 of the 1999 Act, or

(b)   

corresponding Northern Ireland legislation.

25

      (4)  

In this Part “pension arrangement” means—

(a)   

an occupational pension scheme,

(b)   

a personal pension scheme,

(c)   

a retirement annuity contract,

(d)   

an annuity or insurance policy purchased, or transferred, for the

30

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—

35

(i)   

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

(ii)   

corresponding Northern Ireland legislation.

      (5)  

In sub-paragraph (4)—

“occupational pension scheme” has the same meaning as in the

Pension Schemes Act 1993 (c. 48);

40

“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).

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 1 November 2004