Point in time view as at 30/11/2016.
Civil Partnership Act 2004, Cross Heading: Variation etc. of property adjustment , pension sharing and pension compensation sharing orders is up to date with all changes known to be in force on or before 13 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.
Textual Amendments
F1Words in cross-heading before Sch. 5 para. 56 substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2
56E+WThe court must not exercise the powers conferred by this Part in relation to a property adjustment order falling within paragraph 7(1)(b), (c) or (d) (order for settlement or for variation of settlement) except on an application made in proceedings—
(a)for the rescission of the separation order by reference to which the property adjustment order was made, or
(b)for a dissolution order in relation to the civil partnership.
57(1)In relation to a pension sharing order [F2or pension compensation sharing order] which is made at a time before the dissolution or nullity order has been made final—E+W
(a)the powers conferred by this Part (by virtue of paragraph 50(1)(i)) may be exercised—
(i)only on an application made before the pension sharing order [F3or pension compensation sharing order] has or, but for paragraph (b), would have taken effect, and
(ii)only if, at the time when the application is made, the dissolution or nullity order has not been made final, and
(b)an application made in accordance with paragraph (a) prevents the pension sharing order [F4or pension compensation sharing order] from taking effect before the application has been dealt with.
(2)No variation of a pension sharing order [F5or pension compensation sharing order] is to be made so as to take effect before the order is made final.
(3)The variation of a pension sharing order [F6or pension compensation sharing order] prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.
(4)The power to make regulations under sub-paragraph (3) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F2Words in Sch. 5 para. 57(1) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F3Words in Sch. 5 para. 57(1)(a)(i) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F4Words in Sch. 5 para. 57(1)(b) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F5Words in Sch. 5 para. 57(2) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F6Words in Sch. 5 para. 57(3) inserted (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(e); S.I. 2011/664, art. 2(2)(3), Sch.
Commencement Information
I1Sch. 5 para. 57 wholly in force at 5.12.2005; Sch. 5 para. 57 not in force at Royal Assent see s. 263; Sch. 5 para. 57(3)(4) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 5 para. 57 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
58(1)Sub-paragraphs (2) and (3)—E+W
(a)are subject to paragraphs 53 and 54, and
(b)do not affect any power exercisable by virtue of paragraph 50(e), (f), (g) or (i) or otherwise than by virtue of this Part.
(2)No property adjustment order [F7, pension sharing order or pension compensation sharing order] may be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a civil partner or in favour of a child of the family) under Part 1.
(3)No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 9).
Textual Amendments
F7Words in Sch. 5 para. 58(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(8); S.I. 2011/664, art. 2(3), Sch. Pt. 2
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
