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 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 12 — Consent orders and maintenance agreements
277

(i)
are not void or unenforceable as a result, and
(ii)
unless void or unenforceable for any other reason, are
(subject to paragraphs 62 and 66) binding on the parties to the
agreement.
Alteration of agreements by court during lives of parties
5
62    (1)
Either party to a maintenance agreement may apply to the court or, subject
to sub-paragraph (6), to a court of summary jurisdiction for an order under
this paragraph if—
(a)
the maintenance agreement is for the time being subsisting, and
(b)
each of the parties to the agreement is for the time being domiciled
10
or resident in Northern Ireland.
      (2)
The court may make an order under this paragraph if it is satisfied that—
(a)
because of a change in the circumstances in the light of which—
(i)
any financial arrangements contained in the agreement were
made, or
15
(ii)
financial arrangements were omitted from it,

the agreement should be altered so as to make different financial
arrangements or so as to contain financial arrangements, or
(b)
that the agreement does not contain proper financial arrangements
with respect to any child of the family.
20
      (3)
In sub-paragraph (2)(a) the reference to a change in the circumstances
includes a change foreseen by the parties when making the agreement.
      (4)
An order under this paragraph may make such alterations in the
agreement—
(a)
by varying or revoking any financial arrangements contained in it, or
25
(b)
by inserting in it financial arrangements for the benefit of one of the
parties to the agreement or of a child of the family,

as appear to the court to be just having regard to all the circumstances,
including, if relevant, the matters mentioned in paragraph 17(3).
      (5)
The effect of the order is that the agreement is to be treated as if any
30
alteration made by the order had been made by agreement between the
partners and for valuable consideration.
      (6)
The power to make an order under this paragraph is subject to paragraphs
63 and 64.
Restrictions on applications to and orders by courts of summary jurisdiction under paragraph
35
62
63    (1)
A court of summary jurisdiction must not entertain an application under
paragraph 62(1) unless—
(a)
both the parties to the agreement are resident in Northern Ireland,
and
40
(b)
the court acts for a petty sessions district included in the county court
division in which at least one of the parties is resident.
      (2)
A court of summary jurisdiction must not make any order on such an
application other than—

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 12 — Consent orders and maintenance agreements
278

(a)
if the agreement includes no provision for periodical payments by
either of the parties, an order inserting provision for the making by
one of the parties of periodical payments for the maintenance of—
(i)
the other party, or
(ii)
any child of the family;
5
(b)
if the agreement includes provision for the making by one of the
parties of periodical payments, an order increasing or reducing the
rate of, or terminating, any of those payments.
Provisions relating to periodical and secured periodical payments: duration
64    (1)
If a court decides to make an order under paragraph 62 altering an
10
agreement—
(a)
by inserting provision for the making or securing by one of the
parties to the agreement of periodical payments for the maintenance
of the other party, or
(b)
by increasing the rate of the periodical payments which the
15
agreement provides shall be made by one of the parties for the
maintenance of the other,

it may specify such term as it thinks fit as the term for which the payments
or, as the case may be, the additional payments attributable to the increase
are to be made under the altered agreement, except that the term must not
20
extend beyond the limits in sub-paragraphs (2) and (3).
      (2)
The limits if the payments are not to be secured are—
(a)
the death of either of the parties to the agreement, or
(b)
the formation of a subsequent civil partnership or marriage by the
party to whom the payments are to be made.
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      (3)
The limits if the payments are to be secured are—
(a)
the death of the party to whom the payments are to be made, or
(b)
the formation of a subsequent civil partnership or marriage by that
party.
      (4)
Sub-paragraph (5) applies if a court decides to make an order under
30
paragraph 62 altering an agreement by—
(a)
inserting provision for the making or securing by one of the parties
to the agreement of periodical payments for the maintenance of a
child of the family, or
(b)
increasing the rate of the periodical payments which the agreement
35
provides shall be made or secured by one of the parties for the
maintenance of such a child.
      (5)
The court, in deciding the term for which under the agreement as altered by
the order the payments, or the additional payments attributable to the
increase, are to be made or secured for the benefit of the child, must apply
40
paragraph 44(2) to (5) (age limits) as if the order in question were a
periodical payments or secured periodical payments order in favour of the
child.
Saving
65
Nothing in paragraphs 61 or 64 affects—
45
(a)
any power of a court before which any proceedings between the
parties to a maintenance agreement are brought under any other

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 12 — Consent orders and maintenance agreements
279

enactment (including a provision of this Schedule) to make an order
containing financial arrangements, or
(b)
any right of either party to apply for such an order in such
proceedings.
Alteration of agreements by court after death of one party
5
66    (1)
This paragraph applies if—
(a)
a maintenance agreement provides for the continuation of payments
under the agreement after the death of one of the parties, and
(b)
that party (“A”) dies domiciled in Northern Ireland.
      (2)
Subject to sub-paragraphs (4) and (5), the surviving party or A’s personal
10
representatives may apply to the High Court or a county court for an order
under paragraph 62 and accordingly, for the purposes of this paragraph, any
reference in that paragraph to the court includes a reference to a county
court (whether a civil partnership proceedings county court or not).
      (3)
If a maintenance agreement is altered by a court on an application made
15
under sub-paragraph (2), the same consequences follow as if the alteration
had been made immediately before the death by agreement between the
parties and for valuable consideration.
      (4)
An application under this paragraph may not, without the leave of the High
Court or a county court, be made after the end of 6 months from the date on
20
which representation in regard to A’s estate is first taken out.
      (5)
A county court has jurisdiction under this paragraph only if it is shown to
the satisfaction of the court that, at the relevant date, the property included
in A’s net estate did not exceed £15,000 in value.
      (6)
A’s personal representatives are not liable for having distributed any part of
25
A’s estate after the end of the 6 month period on the ground that they ought
to have taken into account the possibility that a court might allow an
application by virtue of this paragraph to be made by the surviving party
after that period.
      (7)
Sub-paragraph (6) does not affect any power to recover any part of the estate
30
so distributed arising by virtue of the making of an order in pursuance of
this paragraph.
      (8)
Paragraph 53(6) applies for the purposes of sub-paragraph (4) as it applies
for the purposes of paragraph 53(3).
      (9)
In sub-paragraph (5)—
35
“the property included in A’s net estate” means all property of which
A had power to dispose by will, otherwise than by virtue of a
special power of appointment, less the amount of A’s funeral,
testamentary and administration expenses, debts and liabilities,
including any inheritance tax payable out of A’s estate on A’s
40
death;
“relevant date” means the date of A’s death.

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 13 — Miscellaneous and supplementary
280

Part 13
Miscellaneous and supplementary
Avoidance of transactions intended to prevent or reduce financial relief
67    (1)
This paragraph applies if proceedings for relief (“financial relief”) are
brought by one person (“A”) against another (“B”) under Part 1, 2, 3, 7, 8 or
5
9 (other than paragraph 53(2)), or paragraph 62.
      (2)
If the court is satisfied, on an application by A, that B is, with the intention
of defeating A’s claim for financial relief, about to—
(a)
make any disposition, or
(b)
transfer out of the jurisdiction or otherwise deal with any property,
10

it may make such order as it thinks fit for restraining B from doing so or
otherwise for protecting the claim.
      (3)
If the court is satisfied, on an application by A, that—
(a)
B has, with the intention of defeating A’s claim for financial relief,
made a reviewable disposition, and
15
(b)
if the disposition were set aside, financial relief or different financial
relief would be granted to A,

it may make an order setting aside the disposition.
      (4)
If the court is satisfied, on an application by A in a case where an order has
been obtained by A against B under any of the provisions mentioned in sub-
20
paragraph (1), that B has, with the intention of defeating A’s claim for
financial relief, made a reviewable disposition, it may make an order setting
aside the disposition.
      (5)
An application for the purposes of sub-paragraph (3) must be made in the
proceedings for the financial relief in question.
25
      (6)
If the court makes an order under sub-paragraph (3) or (4) setting aside a
disposition it must give such consequential directions as it thinks fit for
giving effect to the order (including directions requiring the making of any
payments or the disposal of any property).
68    (1)
Any reference in paragraph 67 to defeating A’s claim for financial relief is
30
to—
(a)
preventing financial relief from being granted to A, or to A for the
benefit of a child of the family,
(b)
reducing the amount of any financial relief which might be so
granted, or
35
(c)
frustrating or impeding the enforcement of any order which might
be or has been made at A’s instance under any of the provisions
mentioned in paragraph 67(1).
      (2)
In paragraph 67 and this paragraph “disposition”—
(a)
does not include any provision contained in a will or codicil, but
40
(b)
subject to paragraph (a), includes any conveyance, assurance or gift
of property of any description (whether made by an instrument or
otherwise).
      (3)
Any disposition made by B (whether before or after the commencement of
the proceedings for financial relief) is a reviewable disposition for the
45
purposes of paragraph 67(3) and (4) unless it was made—

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 13 — Miscellaneous and supplementary
281

(a)
for valuable consideration (other than formation of a civil
partnership), and
(b)
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 B’s part to defeat
A’s claim for financial relief.
5
      (4)
If an application is made under paragraph 67 with respect to a disposition
which took place less than 3 years before the date of the application or with
respect to a disposition or other dealing with property which is about to take
place and the court is satisfied—
(a)
in a case falling within paragraph 67(2) or (3), that the disposition or
10
other dealing would (apart from paragraph 67) have the
consequence of defeating A’s claim for financial relief, or
(b)
in a case falling within paragraph 67(4), that the disposition has had
the consequence of defeating A’s claim for financial relief,

it is presumed, unless the contrary is shown, that the person who disposed
15
of or 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 A’s claim for
financial relief.
69    (1)
An order under paragraph 67(2), to the extent that it restrains B from making
a disposition of any land in Northern Ireland which is specified in the
20
order—
(a)
creates on the land a statutory charge, and
(b)
subject to section 88 of the 1970 Act (statutory charge to be void
against purchaser in certain circumstances), renders liable to be set
aside by the court at the instance of A any disposition of the land in
25
contravention of the order.
      (2)
In this paragraph and paragraph 70—
“disposition” has the same meaning as in paragraphs 67 and 68;
“1970 Act” means the Land Registration Act (Northern Ireland) 1970
(c. 18 (N.I.));
30
“statutory charge” has the same meaning as in the 1970 Act.
      (3)
Nothing in sub-paragraph (1)(b) or section 88(1) of the 1970 Act affects any
power of the court to set aside a disposition under paragraph 67(3) or (4).
70    (1)
The registration of a statutory charge created under paragraph 69(1)(a) shall
be effective until—
35
(a)
the expiration of 1 year from the date of its registration or of the last
renewal of its registration, unless the registration is renewed or
further renewed before the expiration of that period, or
(b)
the court orders that it is to cease to have effect.
      (2)
When the registration ceases to have effect the Registrar of Titles may cancel
40
it.
      (3)
Nothing in this paragraph affects any provision of section 91 of the 1970 Act
(cancellation and modification of statutory charges).
      (4)
An application for the renewal, under sub-paragraph (1)(a), of the
registration of a charge may be made in the same manner as the application
45
for the original registration.
Direction for settlement of instrument for securing payments or effecting property adjustment
71    (1)
This paragraph applies if the court decides to make—

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 13 — Miscellaneous and supplementary
282

(a)
an order under Parts 1 or 8 requiring any payments to be secured, or
(b)
a property adjustment order,

or if it gives directions for the disposal of any property.
      (2)
The court may direct that the matter be referred to a conveyancing counsel
appointed by the court for him to settle a proper instrument to be executed
5
by all necessary parties.
      (3)
If the order referred to in sub-paragraph (1) is to be made in proceedings for
a dissolution, nullity or separation order, the court may, if it thinks fit, defer
the making of the dissolution, nullity or separation order until the
instrument has been duly executed.
10
Settlement, etc., made in compliance with a property adjustment order may be avoided on
bankruptcy of settlor
72
The fact that—
(a)
a settlement, or
(b)
a transfer of property,
15

had to be made in order to comply with a property adjustment order does
not prevent the settlement or transfer from being a transaction in respect of
which an order may be made under Article 312 or 313 of the Insolvency
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (transfers at an
undervalue and preferences).
20
Payments, etc., under order made in favour of person suffering from mental disorder
73    (1)
This paragraph applies if—
(a)
the court makes an order under this Schedule requiring—
(i)
payments (including a lump sum payment) to be made, or
(ii)
property to be transferred,
25

to a civil partner, and
(b)
the court is satisfied that the person in whose favour the order is
made is incapable, because of mental disorder, of managing and
administering his or her property and affairs.
      (2)
“Mental disorder” has the same meaning as in the Mental Health (Northern
30
Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
      (3)
Subject to any order, direction or authority made or given in relation to that
person under Part 8 of the 1986 Order, the court may order the payments to
be made, or as the case may be, the property to be transferred, to such
persons having charge of that person as the court may direct.
35
Appeals relating to pension sharing orders which have taken effect
74    (1)
Sub-paragraphs (2) and (3) apply if an appeal against a pension sharing
order is begun on or after the day on which the order takes effect.
      (2)
If the pension sharing order relates to a person’s rights under a pension
arrangement, the appeal court may not set aside or vary the order if the
40
person responsible for the pension arrangement has acted to his detriment
in reliance on the order taking effect.
      (3)
If the pension sharing order relates to a person’s shareable state scheme
rights, the appeal court may not set aside or vary the order if the Department

Civil Partnership Bill [HL]
Schedule 15 — Financial relief in the High Court or a county court etc.: Northern Ireland
Part 13 — Miscellaneous and supplementary
283

for Social Development has acted to its detriment in reliance on the taking
effect of the order.
      (4)
In determining for the purposes of sub-paragraph (2) or (3) whether a person
or the Department has acted to his or its detriment in reliance on the taking
effect of the order, the appeal court may disregard any detriment which in
5
its opinion is insignificant.
      (5)
Where sub-paragraph (2) or (3) applies, the appeal court may make such
further orders (including one or more pension sharing orders) as it thinks fit
for the purpose of putting the parties in the position it considers appropriate.
      (6)
Paragraph 14 only applies to a pension sharing order under this paragraph
10
if the decision of the appeal court can itself be the subject of an appeal.
      (7)
In sub-paragraph (2), the reference to the person responsible for the pension
arrangement is to be read in accordance with paragraph 24(3).
Interpretation
75    (1)
References in this Schedule to—
15
(a)
periodical payments orders,
(b)
secured periodical payments orders, and
(c)
orders for the payment of a lump sum,

are references to such of the orders that may be made under Parts 1 and 8
(other than interim orders) as are relevant in the context of the reference in
20
question.
      (2)
In this Schedule “child of the family”, in relation to two people who are the
civil partners of each other, means—
(a)
a child of both of them, and
(b)
any other child, other than a child placed with the civil partners as
25
foster parents by an authority or a voluntary organisation, who has
been treated by both the civil partners as a child of their family.
      (3)
In sub-paragraph (2) “authority” and “voluntary organisation” have the
same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/
755 (N.I. 2)).
30
      (4)
In this Schedule “the court” has the meaning given by section 188.
      (5)
References in this Schedule to a subsequent civil partnership include a civil
partnership which is by law void or voidable.
      (6)
References in this Schedule to a subsequent marriage include a marriage
which is by law void or voidable.
35