Civil Partnership Act 2004

Additional powers on discharging or varying a periodical or secured periodical payments order after dissolution of civil partnership E+W

53 (1) Sub-paragraph (2) applies if, after the dissolution of a civil partnership, the court— E+W

(a) discharges a periodical payments order or secured periodical payments order made in favour of a civil partner, or

(b) varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.

(2) The court may make supplemental provision consisting of any of the following—

(a) an order for the payment of a lump sum in favour of one of the civil partners;

(b) one or more property adjustment orders in favour of one of the civil partners;

(c) one or more pension sharing orders;

[F1 (ca) a pension compensation sharing order;]

(d) a direction that the civil partner in whose favour the original order discharged or varied was made is not entitled to make any further application for—

(i) a periodical payments or secured periodical payments order, or

(ii) an extension of the period to which the original order is limited by any variation made by the court.

(3) The power under sub-paragraph (2) is in addition to any power the court has apart from that sub-paragraph.

Textual Amendments

F1 Sch. 5 para. 53(2)(ca) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(4); S.I. 2011/664, art. 2(3), Sch. Pt. 2

54 (1) An order for the payment of a lump sum under paragraph 53 may— E+W

(a) provide for the payment of it by instalments of such amount as may be specified, and

(b) require the payment of the instalments to be secured to the satisfaction of the court.

(2) Sub-paragraphs (5) and (6) of paragraph 3 (interest on deferred instalments) apply where the court makes an order for the payment of a lump sum under paragraph 53 as they apply where it makes such an order under Part 1.

(3) If under paragraph 53 the court makes more than one property adjustment order in favour of the same civil partner, each of those orders must fall within a different paragraph of paragraph 7(1) (types of property adjustment orders).

(4) Part 3 (orders for the sale of property) and paragraph 76 (direction for settlement of instrument) apply where the court makes a property adjustment order under paragraph 53 as they apply where it makes any other property adjustment order.

(5) Paragraph 18 (restrictions on making of pension sharing order) applies in relation to a pension sharing order under paragraph 53 as it applies in relation to any other pension sharing order.

[F2 (6) Paragraph 19D (restrictions on making pension compensation sharing orders) applies in relation to a pension compensation sharing order under paragraph 53 as it applies in relation to any other pension compensation sharing order.]

Textual Amendments

F2 Sch. 5 para. 54(6) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(5); S.I. 2011/664, art. 2(3), Sch. Pt. 2