Orders for financial provision, property adjustment [F1, pension sharing and pension compensation sharing]E+W
Textual Amendments
F1Words in Sch. 7 para. 9 cross-heading substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(1); S.I. 2011/664, art. 2(3), Sch. Pt. 2
9(1)Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph.E+W
(2)If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 [F2, 4 or 4A] of Schedule 5 (financial provision, property adjustment [F3, pension sharing and pension compensation sharing]) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 2 of this Act.
(3)If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule 5 (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 2 of this Act.
(4)Where under sub-paragraph (2) or (3) the court makes—
(a)an order which, if made under Schedule 5, would be a secured periodical payments order,
(b)an order for the payment of a lump sum, or
(c)an order which, if made under that Schedule, would be a property adjustment order,
then, on making that order or at any time afterwards, the court may make any order which it could make under Part 3 of Schedule 5 (sale of property) if the order under sub-paragraph (2) or (3) had been made under that Schedule.
(5)The powers under sub-paragraphs (2) to (4) are subject to paragraph 11.
Textual Amendments
F2Words in Sch. 7 para. 9(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(2)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F3Words in Sch. 7 para. 9(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(2)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2