Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 5 Financial relief in the High Court or a county court etc.

Part 11 Variation, discharge etc. of certain orders for financial relief

Variation etc. of property adjustment and pension sharing orders

57 (1) In relation to a pension sharing order which is made at a time before the dissolution or nullity order has been made final—

(a) the powers conferred by this Part (by virtue of paragraph 50(1)(i)) may be exercised—

(i) only on an application made before the pension sharing order has or, but for paragraph (b), would have taken effect, and

(ii) only if, at the time when the application is made, the dissolution or nullity order has not been made final, and

(b) an application made in accordance with paragraph (a) prevents the pension sharing order from taking effect before the application has been dealt with.

(2) No variation of a pension sharing order is to be made so as to take effect before the order is made final.

(3) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.

(4) The power to make regulations under sub-paragraph (3) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.