Civil Partnership Act 2004 (c. 33)

SCHEDULES

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

Part 14 E+W Miscellaneous and supplementary

Payments, etc., under order made in favour of person suffering from mental disorder E+W

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.