SCHEDULES
C1SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 2Steps to prevent avoidance prior to application for leave under paragraph 4
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
17
1
If it appears to the court, on application by one of the persons (“A”) who formed a civil partnership—
a
that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,
b
that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually resident in Northern Ireland for the period of one year, and
c
that the other civil partner (“B”) is, with the intention of defeating A’s claim, about to—
i
make any disposition, or
ii
transfer out of the jurisdiction, or otherwise deal with, any property,
the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c).
2
Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.
3
Sub-paragraph (4) applies where—
a
an application is made under sub-paragraph (1) with respect to—
i
a disposition which took place less than 3 years before the date of the application, or
ii
a disposition or other dealing with property which is about to take place, and
b
the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.
4
It shall be presumed, unless the contrary is shown, that the person who—
a
disposed of, or
b
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 the applicant’s claim.
5
A reference in this paragraph to defeating a person’s claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.
Sch. 17: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)