Schedules
Schedule 6 - Financial relief in magistrates’ courts etc.
575.Schedule 6 provides for civil partners to apply to magistrates’ courts for maintenance for themselves and children of the family.
Part 1 - Failure to maintain etc: financial provision
576.This Part sets out the circumstances in which an order can be made and the types of orders which can be made. The court can make an order for lump sum payments or periodical payments to be made if it is satisfied that a civil partner has not made reasonable provision to maintain the applicant or a child of the family. A lump sum payment can take into consideration expenses or liabilities reasonably incurred in maintaining the applicant or child prior to the making of the order. The Part sets out the matters the court is to take into account when determining what orders it should make both in respect of civil partners and in respect of children. These include, amongst other things, the financial resources of the applicant and the civil partner concerned and the financial needs, earning capacity and education of the child. Where the child of the family is not the respondent’s child the court must also consider whether anyone else is liable to maintain the child and whether the respondent has assumed any responsibility to maintain the child. Whilst the court must have regard to all the circumstances of the case, the welfare of any child under the age of 18 should be the first consideration. The court can adjourn the proceedings if the civil partners wish to attempt a reconciliation and must refuse to make an order if an application to the High Court (under Part 9 of Schedule 5) is more appropriate.
Part 2 - Orders for agreed financial provision
577.This Part allows civil partners to apply to the court for a financial provision order on the ground that the other civil partner has agreed to make financial provision for them or for a child of the family. The court has power to make alternative orders if both civil partners agree.
Part 3 - Orders of court where civil partners are living apart by agreement
578.This Part allows the court to make orders for periodical payments for maintenance to be made by one civil partner to the other for that civil partner or for a child of the family. Such orders can be made where the civil partners have been living apart for a continuous period exceeding 3 months and one of the civil partners has been making periodical payments during that three-month period. However, the court cannot order the civil partner to make payments which, during any period of three months, would amount to more than he paid over the three months prior to the application. If the court considers that an order under this Part would not provide reasonable maintenance for the civil partner or for a child of the family, the court may treat the application as if it were an application for an order under Part 1. The matters which the court must take into account when making an order under this Part are the same as those in Part 1.
Part 4 - Interim orders
579.This Part allows the court to make interim orders when applications have been made under any of the provisions in Parts 1, 2 and 3. The interim order will require the civil partner to make periodic payments to the applicant or to a child of the family. The court can set the date when payments under the order begin and when the order ceases to have effect. However, the start date cannot be prior to the date of an application for an order under Part 1, 2 or 3. The order will also cease to have effect when the court makes its final decision on the application or 3 months after the date on which the interim order was made, whichever is earlier.
Part 5 - Commencement and duration of orders under Parts 1, 2 and 3
580.This Part makes provision for when orders made under Parts 1, 2 and 3 can begin, age limits for making orders for children (the court cannot make an order in favour of a child over the age of 18 unless the child is in full-time education or undergoing training) and the length of time for which the orders can remain in force. Orders will cease to apply if the civil partners live with each other for a continuous period of 6 months.
Part 6 - Variation etc. of orders
581.This Part sets out the powers the courts have to vary or revoke periodical payment orders and to suspend or revive any provision of the orders. The court has power to order a lump sum payment in place of an order for periodical payments and vary a periodical payment order by specifying when such an order is to come into effect. The Part sets out the procedure for making such an order and the matters which the court is to consider when exercising its powers under this Part. Either civil partner can apply to have an order varied, as can a child of 16 or over in relation to orders for periodical payments to or in respect of a child.
Part 7 - Arrears and repayments
582.This Part deals with arrears and repayments and provides the court with powers for the enforcement of orders. It also allows for sums paid under an order after it had ceased to have an effect, because the person entitled to receive the sums had married or had formed a subsequent civil partnership, to be refunded. The magistrates’ court will have power to enforce the order in the same way as it can enforce any other maintenance order.
Part 8 - Supplementary
583.This Part ensures that the interests of children are taken into account before a decision is made on an application, and applies various ancillary provisions of the Domestic Proceedings and Magistrates’ Court Act (such as those relating to appeals). It also stipulates that the jurisdiction of the magistrates’ court under this Schedule be exercisable even if one of the parties is not domiciled in England and Wales.