SCHEDULES

SCHEDULE 5E+W[F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973]

Textual Amendments

F1Sch. 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 11E+WVariation, discharge etc. of certain orders for financial relief

Additional powers on discharging or varying a periodical or secured periodical payments order after dissolution of civil partnershipE+W

54(1)An order for the payment of a lump sum under paragraph 53 may—E+W

(a)provide for the payment of it by instalments of such amount as may be specified, and

(b)require the payment of the instalments to be secured to the satisfaction of the court.

(2)Sub-paragraphs (5) and (6) of paragraph 3 (interest on deferred instalments) apply where the court makes an order for the payment of a lump sum under paragraph 53 as they apply where it makes such an order under Part 1.

(3)If under paragraph 53 the court makes more than one property adjustment order in favour of the same civil partner, each of those orders must fall within a different paragraph of paragraph 7(1) (types of property adjustment orders).

(4)Part 3 (orders for the sale of property) and paragraph 76 (direction for settlement of instrument) apply where the court makes a property adjustment order under paragraph 53 as they apply where it makes any other property adjustment order.

(5)Paragraph 18 (restrictions on making of pension sharing order) applies in relation to a pension sharing order under paragraph 53 as it applies in relation to any other pension sharing order.

[F2(6)Paragraph 19D (restrictions on making pension compensation sharing orders) applies in relation to a pension compensation sharing order under paragraph 53 as it applies in relation to any other pension compensation sharing order.]

Textual Amendments