Civil Partnership Act 2004, Paragraph 43 is up to date with all changes known to be in force on or before 01 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.
43(1)This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(a).E+W
(2)In deciding—
(a)whether the respondent has failed to provide reasonable maintenance for the applicant, and
(b)what order, if any, to make under this Part in favour of the applicant,
the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 21(2).
(3)If an application is also made under paragraph 39 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18.
(4)Paragraph 21(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.
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