39(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”)—E+W
(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 paragraph[F1 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 41.
[F2(5)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.]
Textual Amendments
F1Words in Sch. 5 para. 39(2) substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(3)(a)