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 3 E+W Sale of property orders

Circumstances in which sale of property orders may be made E+W

10 (1) The court may make a sale of property order— E+W

(a) on making —

(i) under Part 1, a secured periodical payments order or an order for the payment of a lump sum, F2 ...

(ii) a property adjustment order, or

[F3 (iii) an order under paragraph 38A for a payment in respect of legal services, or]

(b) at any time afterwards.

(2) In this Schedule “sale of property order” means a sale of property order under this Part.

Textual Amendments

F2 Word in Sch. 5 para. 10(1)(a)(i) omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 54(2), 151(1); S.I. 2013/773, art. 2

F3 Sch. 5 para. 10(1)(a)(iii) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 54(3), 151(1); S.I. 2013/773, art. 2

Sale of property orders E+W

11 (1) A sale of property order is an order for the sale of such property as may be specified, being property in which, or in the proceeds of sale of which, either or both of the civil partners has or have a beneficial interest, either in possession or reversion. E+W

(2) A sale of property order may contain such consequential or supplementary provisions as the court thinks fit.

(3) A sale of property order may in particular include—

(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and

(b) provision requiring any property to which the order relates to be offered for sale to a specified person, or class of persons.

(4) “Specified” means specified in the order.

When sale of property orders may take effect E+W

12 (1) If a sale of property order is made on or after the making of a dissolution or nullity order, it does not take effect unless the dissolution or nullity order has been made final. E+W

(2) Where a sale of property order is made, the court may direct that—

(a) the order, or

(b) such provision of it as the court may specify,

is not to take effect until the occurrence of an event specified by the court or the end of a period so specified.

When sale of property orders cease to have effect E+W

13 E+W If a sale of property order contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a civil partner, the order ceases to have effect—

(a) on the death of the civil partner, or

(b) on the formation of a subsequent civil partnership or marriage by the civil partner.

Protection of third parties E+W

14 (1) Sub-paragraphs (2) and (3) apply if— E+W

(a) a civil partner has a beneficial interest in any property, or in the proceeds of sale of any property, and

(b) another person (“A”) who is not the other civil partner also has a beneficial interest in the property or the proceeds.

(2) Before deciding whether to make a sale of property order in relation to the property, the court must give A an opportunity to make representations with respect to the order.

(3) Any representations made by A are included among the circumstances to which the court is required to have regard under paragraph 20.