(b)is to be treated for all purposes as a payment made by the civil partner with pension rights in or towards the discharge of that civil partner’s liability under the order. 7 para. whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and. 1. 53(2)(ca) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 0000003118 00000 n 73(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. . The circumstances of the case include, in particular, any change in any of the matters to which the court was required to have regard when making the order to which the application relates. Schedule 20 recognises certain overseas unions as equivalent to civil partnerships under the laws of the United Kingdom. F39Words in Sch. 3. by virtue of paragraph 2(1)(d), (e) or (f)), (b)Part 2 (property adjustment orders), or. 0000005103 00000 n Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 57 wholly in force at 5.12.2005; Sch. (5)In considering what further period will be sufficient, the court must, if the civil partnership has been dissolved, take into account any proposed exercise by it of its powers under paragraph 53. 5 para. 5 para. (b)providing advice and assistance in relation to the proceedings, (c)providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and. 120, 149, Sch. 63(2) substituted (22.4.2014) by, Orders for repayment in certain cases of sums paid under certain orders, a person (“R”) is entitled to receive payments under an order listed in sub-paragraph (2), and. No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 9). . . 5 para. 0000008446 00000 n References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable. 0000016446 00000 n �.n��~�8�0���`�d�E\����5ȑ�me����pP�pM����\Ws8�Ns;�-G��"-��ht9�8�����l�i��L8�W�(IM�"�_ح�Lza���87�yD. 3) (with transitional provisions and savings in S.I. 5 para. 5 para. (5)An order under sub-paragraph (4) must be made by statutory instrument. Sub-paragraph (4) applies in the case of—, 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—. including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect a civil partner in the civil partnership to take steps to acquire; (b)the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future; (c)the standard of living enjoyed by the family before the breakdown of the civil partnership; (d)the age of each civil partner and the duration of the civil partnership; (e)any physical or mental disability of either of the civil partners; (f)the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family; (g)the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it; (h)in the case of proceedings for a dissolution or nullity order, the value to each civil partner of any benefit which, because of the dissolution or annulment of the civil partnership, that civil partner will lose the chance of acquiring. . 11 para. 0000007998 00000 n 19A(1)The court may make a pension compensation sharing order—. 15 wholly in force at 5.12.2005; Sch. 17E+WIf a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—, (a)section 41 of the 1999 Act (charges in respect of pension sharing costs), or, 18(1)A pension sharing order may not be made in relation to a pension arrangement which—E+W, (a)is the subject of a pension sharing order in relation to the civil partnership, or. 176; S.I. (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, (4)In this Part “pension arrangement” means—, (d)an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—, (e)an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—. 5 para. (c)an order under Part 9 (failure to maintain). Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

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