Civil Partnership Act 2004

Part 1 N.I. Failure to maintain etc.: financial provision

Circumstances in which orders under this Part may be made N.I.

1 (1) On an application to it by one of the civil partners, the court may make any one or more of the orders set out in paragraph 2 if it is satisfied that the other civil partner— N.I.

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

(b) has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family,

(c) has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, or

(d) has deserted the applicant.

(2) The power of the court under sub-paragraph (1) is subject to the following provisions of this Schedule.

The orders: periodical and secured periodical payments and lump sums N.I.

2 (1) The orders are— N.I.

(a) an order that the respondent must make to the applicant such periodical payments for such term as may be specified;

(b) an order that the respondent must pay to the applicant such lump sum as may be specified;

(c) an order that the respondent must make—

(i) to the applicant for the benefit of a child of the family to whom the application relates, or

(ii) to a child of the family to whom the application relates, such periodical payments for such term as may be specified;

(d) an order that the respondent must pay such lump sum as may be specified—

(i) to the applicant for the benefit of a child of the family to whom the application relates, or

(ii) to a child of the family to whom the application relates.

(2) The amount of a lump sum specified under sub-paragraph (1)(b) or (d) must not exceed—

(a) £1,000, or

(b) such larger amount as the Lord Chancellor may [F1 , after consultation with the Lord Chief Justice of Northern Ireland,] from time to time by order fix for the purposes of this sub-paragraph.

(3) The power to make an order under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) An order under sub-paragraph (2) is subject to [F2 negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954].

(5) “Specified” means specified in the order.

Textual Amendments

F1 Words in Sch. 16 para. 2(2)(b) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 24

F2 Words in Sch. 16 para. 2(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 76 (with arts. 28-31)

Particular provision that may be made by lump sum orders N.I.

3 (1) An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liability or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the order to be met. N.I.

(2) Sub-paragraph (1) does not restrict the power to make the orders set out in paragraph 2(1)(b) and (d).

Matters to which court is to have regard in exercising its powers under this Part – general N.I.

4 N.I. If an application is made for an order under this Part, the court, in deciding—

(a) whether to exercise its powers under this Part, and

(b) if so, in what way,

must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18.

Particular matters to be taken into account when exercising powers in relation to civil partners N.I.

5 (1) This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(a) or (b). N.I.

(2) The court must in particular have regard to—

(a) the income, earning capacity, property and other financial resources which each civil partner—

(i) has, or

(ii) is likely to have in the foreseeable future,

including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect the civil partner to take steps to acquire;

(b) the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the civil partners before the occurrence of the conduct which is alleged as the ground of the application;

(d) the age of each civil partner and the duration of the civil partnership;

(e) any physical or mental disability of either civil partner;

(f) the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g) the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

Modifications etc. (not altering text)

C1 Sch. 16 para. 5(2)(d) applied (with modifications) (N.I.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005 (S.R. 2005/531), art. 3(3)

Particular matters to be taken into account when exercising powers in relation to children N.I.

6 (1) This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d). N.I.

(2) The court must in particular have regard to—

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(c) any physical or mental disability of the child;

(d) the standard of living enjoyed by the family before the occurrence of the conduct which is alleged as the ground of the application;

(e) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

(f) the considerations mentioned in relation to the civil partners in paragraph 5(2)(a) and (b).

(3) In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent’s child, the court must also have regard to—

(a) whether the respondent has assumed any responsibility for the child’s maintenance,

(b) if so, the extent to which, and the basis on which, the respondent assumed that responsibility and the length of time during which the respondent discharged that responsibility;

(c) whether in assuming and discharging that responsibility the respondent did so knowing that the child was not the respondent’s child;

(d) the liability of any other person to maintain the child.

Reconciliation N.I.

7 (1) If before the hearing of any evidence in proceedings on an application for an order under this Part a statement is made to the court by or on behalf of the civil partners showing a possibility of reconciliation between them, the court must adjourn the proceedings for such period as it thinks fit. N.I.

(2) If at any stage of the proceedings on an application for an order under this Part it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation.

(3) If the court adjourns any proceedings under sub-paragraph (1) or (2), it may request that—

(a) a suitably qualified person acting under arrangements made by the Department of Health, Social Services and Public Safety, or

(b) any other person, willing and able to do so and acceptable to both parties, whom the court may appoint,

should attempt to effect a reconciliation between the civil partners.

(4) If any such request is made, the person—

(a) must report in writing to the court whether the attempt has been successful, but

(b) must not include in the report any other information.

(5) The powers conferred by this paragraph are additional to any other power of the court to adjourn proceedings.

Refusal of order in case more suitable for High Court N.I.

8 (1) If on hearing an application for an order under this Part a court of summary jurisdiction is of the opinion that any of the matters in question between the civil partners would be more suitably dealt with by the High Court, the court of summary jurisdiction must refuse to make any order on the application. N.I.

(2) No appeal lies from a refusal under sub-paragraph (1).

(3) But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a court of summary jurisdiction has refused to make any order, the High Court may order the application to be reheard and determined by a court of summary jurisdiction acting for the same petty sessions district as the court which refused to make any order.