Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 6 E+W [F1 Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978]

Textual Amendments

F1 Sch. 6 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 200; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 4 E+W Interim orders

Circumstances in which interim orders may be made E+W

Prospective

20 (1) This paragraph applies if an application has been made for an order under Part 1, 2 or 3. E+W

(2) [F2 The family court] may make an interim order—

(a) at any time before making a final order on, or dismissing, the application, F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Not more than one interim order may be made with respect to an application for an order under Part 1, 2 or 3.

(5) Sub-paragraph (4) does not affect the power of a court to make an interim order on a further application under Part 1, 2 or 3.

Textual Amendments

F2 Words in Sch. 6 para. 20(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 183(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Sch. 6 para. 20(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 183(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Sch. 6 para. 20(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 183(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Meaning of interim order E+W

21 (1) An interim order is an order requiring the respondent to make such periodical payments as the court thinks reasonable— E+W

(a) to the applicant,

(b) to any child of the family who is under 18, or

(c) to the applicant for the benefit of such a child.

(2) In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, sub-paragraph (1) applies as if—

(a) the reference to the respondent were a reference to the applicant, and

(b) the references to the applicant were references to the respondent.

When interim order may start E+W

22 (1) An interim order may provide for payments to be made from such date as the court may specify, except that the date must not be earlier than the date of the making of the application for an order under Part 1, 2 or 3. E+W

(2) Sub-paragraph (1) is subject to paragraph 27(7) and (8).

Payments which can be treated as having been paid on account E+W

F5 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 6 para. 23 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 184; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

When interim order ceases to have effect E+W

24 (1) Subject to sub-paragraphs (2) and (3), an interim order made on an application for an order under Part 1, 2 or 3 ceases to have effect on the earliest of the following dates— E+W

(a) the date, if any, specified for the purpose in the interim order;

(b) the date on which the period of 3 months beginning with the date of the making of the interim order ends;

(c) the date on which [F6 the family court] either makes a final order on, or dismisses, the application.

(2) If an interim order made under this Part would, but for this sub-paragraph, cease to have effect under sub-paragraph (1)(a) or (b)—

[F7 (a) the family court,]

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may by order provide that the interim order is to continue in force for a further period.

(3) An order continued in force under sub-paragraph (2) ceases to have effect on the earliest of the following dates—

(a) the date, if any, specified for the purpose in the order continuing it;

(b) the date on which ends the period of 3 months beginning with—

(i) the date of the making of the order continuing it, or

(ii) if more than one such order has been made with respect to the application, the date of the making of the first such order;

(c) the date on which the court either makes a final order on, or dismisses, the application.

Textual Amendments

F6 Words in Sch. 6 para. 24(1)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 185(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Words in Sch. 6 para. 24(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 185(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Sch. 6 para. 24(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 185(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Supplementary E+W

25 F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) No appeal lies from the making of or refusal to make, the variation of or refusal to vary, or the revocation of or refusal to revoke, an interim order.

Textual Amendments

F9 Sch. 6 para. 25(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 186; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)