SCHEDULES

SCHEDULE 5E+WFinancial relief in the High Court or a county court etc.

Part 11 E+WVariation, discharge etc. of certain orders for financial relief

Orders etc. to which this Part appliesE+W

50(1)This Part applies to the following orders—E+W

(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]

[F3(iii)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.

Textual Amendments