Point in time view as at 04/05/2006.
Civil Partnership Act 2004, Paragraph 78 is up to date with all changes known to be in force on or before 09 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.
78(1)This paragraph applies if—E+W
(a)the court makes an order under this Schedule requiring—
(i)payments (including a lump sum payment) to be made, or
(ii)property to be transferred,
to a civil partner, and
(b)the court is satisfied that the person in whose favour the order is made is incapable, because of mental disorder, of managing and administering his or her property and affairs.
(2)“Mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).
(3)Subject to any order, direction or authority made or given in relation to that person under Part 8 of the 1983 Act, the court may order the payments to be made or, as the case may be, the property to be transferred to such persons having charge of that person as the court may direct.
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