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Version Superseded: 04/05/2006
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(1)Where the parties to a marriage [F1or the partners in a civil partnership] have entered into an agreement as to financial provision to be made on divorce [F2or on dissolution of the civil partnership], the court may make an order setting aside or varying—
(a)any term of the agreement relating to a periodical allowance where the agreement expressly provides for the subsequent setting aside or variation by the court of that term; or
(b)the agreement or any term of it where the agreement was not fair and reasonable at the time it was entered into.
(2)The court may make an order—
(a)under subsection (1)(a) above at any time after granting decree of divorce; and
[F3(b)under subsection (1)(b) above, if the agreement does not contain a term relating to pension sharing, on granting decree of divorce or within such time as the court may specify on granting decree of divorce; or
(c)under subsection (1)(b) above, if the agreement contains a term relating to pension sharing—
(i)where the order sets aside the agreement or sets aside or varies the term relating to pension sharing, on granting decree of divorce; and
(ii)where the order sets aside or varies any other term of the agreement, on granting decree of divorce or within such time thereafter as the court may specify on granting decree of divorce.]
[F4(2A)In subsection (2) above, a term relating to pension sharing is a term corresponding to provision which may be made in a pension sharing order and satisfying the requirements set out in section 28(1)(f) or 48(1)(f) of the Welfare Reform and Pensions Act 1999.]
(3)Without prejudice to subsections (1) and (2) above, where the parties to a marriage [F5or the partners in a civil partnership] have entered into an agreement as to financial provision to be made on divorce [F6or on dissolution of the civil partnership] and—
(a)the estate of the [F7person] by whom any periodical allowance is payable under the agreement has, since the date when the agreement was entered into, been sequestrated, the award of sequestration has not been recalled and the [F7person] has not been discharged;
(b)an analogous remedy within the meaning of section 10(5) of the Bankruptcy (Scotland) Act 1985 has, since that date, come into force and remains in force in respect of that [F7person's] estate; F8...
(c)that [F7person's] estate is being administered by a trustee acting under a voluntary trust deed granted since that date by the [F7person] for the benefit of his creditors generally or is subject to an analogous arrangement, [F9; or
(d)by virtue of the making of a [F10maintenance calculation][F10maintenance calculation], child support maintenance has become payable by either party to the agreement with respect to a child to whom or for whose benefit periodical allowance is paid under that agreement,]
the court may, on or at any time after granting decree of divorce [F11or of dissolution of the civil partnership], make an order setting aside or varying any term of the agreement relating to the periodical allowance.
(4)Any term of an agreement purporting to exclude the right to apply for an order under subsection (1)(b) or (3) above shall be void.
(5)In this section, “agreement” means an agreement entered into before or after the commencement of this Act.
Textual Amendments
F1Words in s. 16(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(2)(a); S.S.I. 2005/604, arts. 2(c), 4
F2Words in s. 16(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(2)(b); S.S.I. 2005/604, arts. 2(c), 4
F3S. 16(2)(b)(c) substituted for s. 16(2)(b) (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 11; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
F4S. 16(2A) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 11; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
F5Words in s. 16(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(3)(a); S.S.I. 2005/604, arts. 2(c), 4
F6Words in s. 16(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(3)(b); S.S.I. 2005/604, arts. 2(c), 4
F7Words in s. 16(3)(a)-(c) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(3)(c); S.S.I. 2005/604, arts. 2(c), 4
F8Word in s. 16(3)(b) deleted (5.4.1993) by S.I. 1993/660, art. 2(5)(a).
F9S. 16(3)(d) and preceding word inserted (5.4.1993) by S.I. 1993/660, art 2(5)(b).
F10Words in s. 16(3)(d) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 5(5) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F11Words in s. 16(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 22(3)(d); S.S.I. 2005/604, arts. 2(c), 4
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