SCHEDULES

SCHEDULE 5Financial relief in the High Court or a county court etc.

Part 11Variation, discharge etc. of certain orders for financial relief

Orders etc. to which this Part applies

50

1

This Part applies to the following orders—

a

a periodical payments order under Part 1 (financial provision on dissolution etc.) or Part 9 (failure to maintain);

b

a secured periodical payments order under Part 1 or 9;

c

an order under Part 8 (maintenance pending outcome of dissolution proceedings etc.);

d

an interim order under Part 9;

e

an order made under Part 1 by virtue of paragraph 3(3) or under Part 9 by virtue of paragraph 42(2) (lump sum by instalments);

f

a deferred order made under Part 1 by virtue of paragraph 2(1)(c) (lump sum for civil partner) which includes provision made by virtue of—

i

paragraph 25(2), F1. . .

ii

paragraph 26,F2 or

F3iii

paragraph 34A(2),

(provision in respect of pension rights F4or pension compensation rights);

g

a property adjustment order made on or after the making of a separation order by virtue of paragraph 7(1)(b), (c) or (d) (order for settlement or variation of settlement);

h

a sale of property order;

i

a pension sharing order F5, or a pension compensation sharing order, made before the dissolution or nullity order has been made final.

2

If the court has made an order referred to in sub-paragraph (1)(f)(ii), this Part ceases to apply to the order on the death of either of the civil partners.

3

The powers exercisable by the court under this Part in relation to an order are also exercisable in relation to any instrument executed in pursuance of the order.