Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 5 E+W [F1 Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973]

Textual Amendments

F1 Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 2 E+W Property adjustment on or after dissolution, nullity or separation

Property adjustment orders E+W

7 (1) The property adjustment orders are— E+W

(a) an order that one of the civil partners must transfer such property as may be specified, being property to which he is entitled—

(i) to the other civil partner,

(ii) to a child of the family, or

(iii) to such person as may be specified for the benefit of a child of the family;

(b) an order that a settlement of such property as may be specified, being property to which one of the civil partners is entitled, be made to the satisfaction of the court for the benefit of—

(i) the other civil partner and the children of the family, or

(ii) either or any of them;

(c) an order varying for the benefit of—

(i) the civil partners and the children of the family, or

(ii) either or any of them,

a relevant settlement;

(d) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement.

(2) The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family.

(3) In this paragraph—

• “entitled” means entitled in possession or reversion,

• “relevant settlement” means, in relation to a civil partnership, a settlement made, during its subsistence or in anticipation of its formation, on the civil partners including one made by will or codicil, but not including one in the form of a pension arrangement (within the meaning of Part 4), and

• “specified” means specified in the order.