SCHEDULES
C1SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1Financial relief
Jurisdiction of the court
7
1
2
The first requirement is that either of the civil partners—
a
was domiciled in Northern Ireland on the date when the leave was applied for, or
b
was domiciled in Northern Ireland on the date when the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.
3
The second is that either of the civil partners—
a
was habitually resident in Northern Ireland throughout the period of one year ending with the date when the leave was applied for, or
b
was habitually resident in Northern Ireland throughout the period of one year ending with the date on which the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.
4
The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in Northern Ireland which was at some time during the civil partnership a civil partnership home of the civil partners.
5
In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.
6
If an application or part of an application relates to a matter F2to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18.
7
In sub-paragraph (6) F1“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
Sch. 17: 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)