SCHEDULE 7CONSEQUENTIAL AMENDMENTS

Matrimonial Causes (Northern Ireland) Order 1978 (SI 1978/1045 (NI 15))

18.

(1)

The Matrimonial Causes (Northern Ireland) Order 1978 is amended as follows.

(2)

In Article 2 M1 (interpretation), in paragraph (2), after the definition of “maintenance calculation” insert—

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.”.

(3)

In Article 37 (alteration of agreements by the court, or by a court of summary jurisdiction, during lives of the parties)—

(a)

in paragraph (1), for “paragraph (3)” substitute “ paragraphs (1A) and (3) ”;

(b)

after that paragraph insert—

“(1A)

If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 then—

(a)

the requirement as to domicile or residence in paragraph (1) does not apply to the application or that part of it, but

(b)

the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.”.

(4)

In Article 49 (jurisdiction of court), for paragraph (5), substitute—

“(5)

The court shall not entertain an application for financial provision under Article 29 unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.”.