Civil Partnership Act 2004

9 (1) Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph. E+W

(2) If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 [F1 , 4 or 4A] of Schedule 5 (financial provision, property adjustment [F2 , pension sharing and pension compensation sharing]) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 2 of this Act.

(3) If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule 5 (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 2 of this Act.

(4) Where under sub-paragraph (2) or (3) the court makes—

(a) an order which, if made under Schedule 5, would be a secured periodical payments order,

(b) an order for the payment of a lump sum, or

(c) an order which, if made under that Schedule, would be a property adjustment order,

then, on making that order or at any time afterwards, the court may make any order which it could make under Part 3 of Schedule 5 (sale of property) if the order under sub-paragraph (2) or (3) had been made under that Schedule.

(5) The powers under sub-paragraphs (2) to (4) are subject to paragraph 11.

Textual Amendments

F1 Words in Sch. 7 para. 9(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(2)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F2 Words in Sch. 7 para. 9(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(2)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2