|
| |
|
accompanied by an application for an order under section 2 of this |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(a) | before “wife” insert “spouse,” and |
| |
(b) | in paragraph (b), for “entered into a later marriage” substitute |
| |
“formed a subsequent marriage or civil partnership”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
Financial relief in the High Court or a county court etc. |
| |
| |
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 |
| |
| |
(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 |
| |
(a) | in proceedings for a dissolution, nullity or separation order, before |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(i) | to such person as may be specified for the benefit of a child of |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
(a) | makes an order under this Part for the payment of a lump sum, and |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
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 |
|
| |
|
| |
|
(iii) | to such person as may be specified for the benefit of a child of |
| |
| |
(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 |
| |
(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 |
| |
| “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 |
| |
| |
(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). |
| |
| 35 |
| |
Circumstances in which sale of property orders may be made |
| |
10 (1) | The court may make a sale of property order— |
| |
| |
(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. |
| |
|
| |
|
| |
|
(2) | In this Schedule “sale of property order” means a sale of property order |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(2) | Where a sale of property order is made, the court may direct that— |
| 20 |
| |
(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 |
| |
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. |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
| |
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 |
| |
| 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 |
| |
| 20 |
(b) | corresponding Northern Ireland legislation. |
| |
(3) | Shareable state scheme rights are rights in relation to which pension sharing |
| |
| |
(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 |
| |
| |
|
| |
|