SCHEDULES
SCHEDULE 5F2Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 9Failure to maintain: financial provision (and interim orders)
Circumstances in which orders under this Part may be made
39
1
Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)—
a
has failed to provide reasonable maintenance for the applicant, or
b
has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.
F32
The court must not entertain an application under this paragraph unless–
a
the applicant or the respondent is domiciled in England and Wales on the date of the application,
b
the applicant has been habitually resident there throughout the period of 1 year ending with that date, or
c
the respondent is resident there on that date.
F42A
If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.
3
If, on an application under this paragraph, it appears to the court that—
a
the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but
b
it is not yet possible to determine what order, if any, should be made on the application,
the court may make an interim order.
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.
F15
In this paragraph, F5“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
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)