SCHEDULES

SCHEDULE 5F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973

Annotations:
Amendments (Textual)
F1

Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 10Commencement of certain proceedings and duration of certain orders

Duration of periodical and secured periodical payments orders for a civil partner

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1

The court may specify in a periodical payments or secured periodical payments order in favour of a civil partner such term as it thinks fit, except that the term must not—

a

begin before the date of the making of an application for the order, or

b

extend beyond the limits given in sub-paragraphs (2) and (3).

2

The limits in the case of a periodical payments order are—

a

the death of either civil partner;

b

where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

3

The limits in the case of a secured periodical payments order are—

a

the death of the civil partner in whose favour the order is made;

b

where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

4

In the case of an order made on or after the making of a dissolution or nullity order, sub-paragraphs (1) to (3) are subject to paragraphs 23(3) and 59(4).

5

If a periodical payments or secured periodical payments order in favour of a civil partner is made on or after the making of a dissolution or nullity order, the court may direct that that civil partner is not entitled to apply under paragraph 51 for the extension of the term specified in the order.

6

If—

a

a periodical payments or secured periodical payments order in favour of a civil partner is made otherwise than on or after the making of a dissolution or nullity order, and

b

the civil partnership is subsequently dissolved or annulled but the order continues in force,

the order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under it on the date of its formation.