Civil Partnership Act 2004

Prospective

This section has no associated Explanatory Notes

8(1)Before deciding the application, the court must consider whether in all the circumstances of the case it would be appropriate for an order of the kind applied for to be made by a court in Northern Ireland.N.I.

(2)F1... If the court is not satisfied that it would be appropriate, the court shall dismiss the application.

(3)The court must, in particular, have regard to the following matters—

(a)the connection which the civil partners have with Northern Ireland;

(b)the connection which the civil partners have with the country in which the civil partnership was dissolved or annulled or in which they were legally separated;

(c)the connection which the civil partners have with any other country outside Northern Ireland;

(d)any financial benefit which, in consequence of the dissolution, annulment or legal separation—

(i)the applicant, or

(ii)a child of the family,

has received, or is likely to receive, by virtue of any agreement or the operation of the law of a country outside Northern Ireland;

(e)in a case where an order has been made by a court in a country outside Northern Ireland requiring the other civil partner—

(i)to make any payment, or

(ii)to transfer any property,

for the benefit of the applicant or a child of the family, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;

(f)any right which the applicant has, or has had, to apply for financial relief from the other civil partner under the law of any country outside Northern Ireland and, if the applicant has omitted to exercise that right, the reason for that omission;

(g)the availability in Northern Ireland of any property in respect of which an order under this Schedule in favour of the applicant could be made;

(h)the extent to which any order made under this Schedule is likely to be enforceable;

(i)the length of time which has elapsed since the date of the dissolution, annulment or legal separation.

[F2(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments