SCHEDULES
C1SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland
Part 8Failure to maintain: financial provision (and interim orders)
Circumstances in which orders under this Part may be made
34
1
Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)—
a
has failed to provide reasonable maintenance for the applicant, or
b
has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.
2
The court must not entertain an application under this paragraphF1 unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.
3
If, on an application under this paragraph, it appears to the court that—
a
the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but
b
it is not yet possible to determine what order, if any, should be made on the application,
the court may make an interim order.
4
If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 36.
F25
In this paragraph “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.
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)