Part V Family Business: Distribution and Transfer
F1Jurisdiction of county courts in civil partnership causes and matters
36BJurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children
1
Subject to subsection (2) below, a civil partnership proceedings county court shall have the following jurisdiction—
a
a jurisdiction to exercise any power exercisable under—
i
section 63 of the Civil Partnership Act 2004(restrictions on making of orders affecting children), or
ii
Schedule 5 to that Act (financial relief in the courts), other than Part 12 (arrears and repayments) and paragraph 73 (alteration of maintenance agreements by court after death of one party),
in connection with any application or order pending in, or made by, a civil partnership proceedings county court;
b
a jurisdiction to exercise any power exercisable under—
i
Part 9 of that Schedule (failure to maintain: financial provision (and interim orders)), or
ii
paragraphs 69 to 71 of that Schedule (alteration of maintenance agreements by court during lives of parties);
c
if designated under section 36A(8) above, jurisdiction to exercise any power under Schedule 7 to that Act.
2
Any proceedings for the exercise of a power which a civil partnership proceedings county court has jurisdiction to exercise by virtue of subsection (1) above shall be commenced in such civil partnership proceedings county court as may be prescribed by rules of court.
3
Nothing in this section shall affect the jurisdiction of a magistrates' court under paragraphs 69 to 71 of Schedule 5 to the Civil Partnership Act 2004.
Ss. 36A-36D and cross-heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 92; S.I. 2005/3175, art. 2(2)