Civil Partnership Act 2004

Commencement of proceedings for ancillary relief, etc. N.I.

41 (1) Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made. N.I.

(2) Subject to sub-paragraph (3), proceedings for—

(a) an order under Part 1 (financial provision on dissolution etc.),

(b) a property adjustment order, or

(c) an order under Part 7 (maintenance pending outcome of dissolution, nullity or separation proceedings),

may be begun (subject to and in accordance with rules of court), at any time after the presentation of the application.

(3) Rules of court may provide, in such cases as may be prescribed by the rules that—

(a) an application for any such relief as is mentioned in sub-paragraph (2) must be made in the application or defence, and

(b) an application for any such relief which—

(i) is not so made, or

(ii) is not made until after the end of such period following the presentation of the application or filing of the defence as may be so prescribed,

may be made only with the leave of the court.

Commencement Information

I1 Sch. 15 para. 41 wholly in force at 5.12.2005; Sch. 15 para. 41 not in force at Royal Assent see s. 263; Sch. 15 para. 41(2) in force for certain purposes and Sch. 15 para. 41(3) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch. and Sch. 15 para. 41 in force otherwise at 5.12.2005 by S.I. 2005/3255, art. 2(1), Sch.