an extension of the period to which the original order is limited by any variation made by the court. providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute. (4)If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 41. 73(2) omitted (22.4.2014) by virtue of, Words in Sch. 5 para. the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future. 28 in force for certain purposes at 15.4.2005 by, Interpretation of provisions relating to pensions. (This amendment not applied to legislation.gov.uk. 2014/956, arts. 5 para. 0000006906 00000 n if the child of the family to whom the application relates is not the child of the respondent, the matters mentioned in paragraph 22(3). 3) (with transitional provisions and savings in S.I. ), Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973, This schedule has no associated Explanatory Notes, Financial provision in connection with dissolution, nullity or separation, Circumstances in which orders under this Part may be made, The court may make any one or more of the orders set out in paragraph 2(1)—, on making a dissolution, nullity or separation order, or, The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)—. For more information see the EUR-Lex public statement on re-use. (f)the applicant's conduct in relation to the proceedings, (g)any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and. 5 para. (4)The personal representatives of the person who has died are not liable for having distributed any part of the estate of the deceased after the end of the 6 month period on the ground that they ought to have taken into account the possibility that the court might allow an application under this paragraph to be made after that period by the person entitled to payments under the order. 2(1), Sch. 2(3), Sch. (b)provision requiring any property to which the order relates to be offered for sale to a specified person, or class of persons. 16(3)(a), F26Sch. (b)in a case falling within paragraph 74(4), that the disposition has had the consequence of defeating A’s claim for financial relief. 5 para. 0000009675 00000 n 5 para. 0000087371 00000 n with such other modifications as may be prescribed by regulations. . 2014/954, art. 4; S.I. F4Sch. (11)In sub-paragraphs (5) and (6) “specified” means specified in the order concerned. Different options to open legislation in order to view more content on screen at once. (3)In sub-paragraph (2) “legal services” has the same meaning as in paragraph 38A. 2(e) (with art. 2011/664, art. 2011/664, art. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 2014/954, art. 5 para. (8)The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to a pension arrangement which—, C3Sch. �.n��~�8�0���`�d�E\����5ȑ�me����pP�pM����\Ws8�Ns;�-G��"-��ht9�8�����l�i��L8�W�(IM�"�_ح�Lza���87�yD. (d)Part 4 (pension sharing orders) [F10, or], [F11(e)Part 4A (pension compensation sharing orders). 2011/664, art. (4)Sub-paragraph (5) applies if a court decides to make an order under paragraph 69 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. 70 omitted (22.4.2014) by virtue of, Provisions relating to periodical and secured periodical payments: duration, If a court decides to make an order under paragraph 69 altering an agreement—, 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. (c)the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor. . Any disposition made by B (whether before or after the commencement of the proceedings for financial relief) is a reviewable disposition for the purposes of paragraphs 74(3) and (4) unless it was made—, for valuable consideration (other than formation of a civil partnership), and. . 5E+WThe 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 have reached 18). 3) (with transitional provisions and savings in S.I. 65(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 0000021282 00000 n The limits in the case of a secured periodical payments order are—. 0000103867 00000 n a property adjustment order made on or after the making of a separation order by virtue of paragraph 7(1)(b), (c) or (d) (order for settlement or variation of settlement); , or a pension compensation sharing order. 0000005793 00000 n on or after the making of a dissolution or nullity order, an application is made by one of the civil partners for a periodical payments or secured periodical payments order in that civil partner’s favour, but. 11 para. . Schedule 20 recognises certain overseas unions as equivalent to civil partnerships under the laws of the United Kingdom. 2(2)(3), Sch. Where a sale of property order is made, the court may direct that—. 50(1)(i) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. (ii)to the child to whom the application relates, (f)an order that the respondent must pay such lump sum as may be specified—. (2)The court must not entertain an application under this paragraph[F25 unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. F39Words in Sch. (a)the court makes an order under this Schedule requiring—, (i)payments (including a lump sum payment) to be made, or. 6 para. Alteration of agreements by court during lives of parties, the maintenance agreement is for the time being subsisting, and. 0000000976 00000 n Schedule 5 of the Civil Partnership Act 2004 making provision under paragraph 34A of Schedule 5 of the 2004 Act. �q�X���F*�w8��8��l��]��DZ>�a�||k�ڷŦz!V;�����/���^b�$����r���a>27o�V�{]��Iju�B���� _Ą�4�$h���;�� �P���. 6 para. “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (c. 48); “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). 2(e) (with art. . 18(2)(b); S.I. (4)Paragraph 21(2)(c) (as it applies by virtue of paragraph 22(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to—. . 5 para. 5 para. 2005/2877), art. 3 para. 65(10)(b)(c) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 0000023932 00000 n When orders under this Part may take effect. to the satisfaction of the court, such periodical payments for such term as may be specified; (f)an order that one of the civil partners must pay such lump sum as may be specified—. 10(1)(a)(iii) inserted (1.4.2013) by. . (4)For the purposes of sub-paragraph (3), the court must be satisfied, in particular, that—, (a)the applicant is not reasonably able to secure a loan to pay for the services, and. 2(3), Sch. remit the payment of the arrears or of any part of them. (4)The court must consider whether in all the circumstances, and after having regard to any such change, it would be appropriate to vary the order so that payments under the order are required—.

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