Point in time view as at 04/05/2006.
Civil Partnership Act 2004, Cross Heading: Presumptions for the purposes of paragraph 15 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
16(1)Sub-paragraph (3) applies where—N.I.
(a)an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to—
(i)a disposition which took place less than 3 years before the date of the application, or
(ii)a disposition or other dealing with property which is about to take place, and
(b)the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.
(2)Sub-paragraph (3) also applies where—
(a)an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and
(b)the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.
(3)It shall be presumed, unless the contrary is shown, that the person who—
(a)disposed of, or
(b)is about to dispose of or deal with the property,
did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim.
(4)A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).
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