Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 6 E+W [F1 Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978]

Textual Amendments

F1 Sch. 6 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 200; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 3 E+W Orders of court where civil partners living apart by agreement

Powers of court where civil partners are living apart by agreement E+W

15 (1) If— E+W

(a) the civil partners have been living apart for a continuous period exceeding 3 months, neither civil partner having deserted the other, and

(b) one of the civil partners has been making periodical payments for the benefit of the other civil partner or of a child of the family,

the other civil partner may apply to [F2 the family court] for an order under this Part.

(2) An application made under sub-paragraph (1) must specify the total amount of the payments made by the respondent during the period of 3 months immediately preceding the date of the making of the application.

(3) If on an application for an order under this Part the court is satisfied that the respondent has made the payments specified in the application, the court may make one or both of the orders set out in paragraph 16.

(4) Sub-paragraph (3) is subject to the provisions of this Schedule.

Textual Amendments

F2 Words in Sch. 6 para. 15(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 182; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)