SCHEDULES

SCHEDULE 7Financial relief in England and Wales after overseas dissolution etc. of a civil partnership

Part 1Financial relief

Presumptions for the purposes of paragraph 15

16

1

Sub-paragraph (3) applies where—

a

an application is made under paragraph 15(2) or (3) by one of the civil partners 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 paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

2

Sub-paragraph (3) also applies where—

a

an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and

b

the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

3

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.

4

A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).