Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 15 N.I. Financial relief in the High Court or a county court etc.: Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 15: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Part 8 N.I. Failure to maintain: financial provision (and interim orders)

Matters to which the court is to have regard on application under paragraph 34(1)(a) N.I.

38 (1) This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(1)(a). N.I.

(2) In deciding—

(a) whether the respondent has failed to provide reasonable maintenance for the applicant, and

(b) what order, if any, to make under this Part in favour of the applicant,

the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 16(2).

(3) If an application is also made under paragraph 34 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18.

(4) Paragraph 16(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.