The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Matters to which the court is to have regard in exercising its powers under Article 21 N.I.

22.—(1) In deciding whether to exercise its powers under Article 21 and, if so, in what manner the court shall act in accordance with this Article.

(2) The court shall have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of 18.

(3) As regards the exercise of those powers in relation to a party to the marriage, the court shall in particular have regard to the matters mentioned in Article 27(2)(a) to (h) of the principal Order and shall be under duties corresponding with those imposed by Article 27A(1) and (2) of the principal Order where it decides to exercise under Article 21 powers corresponding with the powers referred to in those paragraphs.

[F1 (3A) The matters to which the court is to have regard under paragraph (3)—

(a) so far as relating to sub-paragraph (a) of Article 27(2) of the principal Order, include any benefits under a pension arrangement which a party to the marriage has or is likely to have[F2 and any PPF compensation to which a party to the marriage is or is likely to be entitled,] (whether or not in the foreseeable future), and

[F3 (b) so far as relating to sub-paragraph (h) of that provision, include—

(i) any benefits under a pension arrangement which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring, and

(ii) any PPF compensation which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring entitlement to,]]

(4) As regards the exercise of those powers in relation to a child of the family, the court shall in particular have regard to the matters mentioned in Article 27(3)(a) to (e) of the principal Order.

(5) As regards the exercise of those powers against a party to the marriage in favour of a child of the family who is not the child of that party, the court shall also have regard to the matters mentioned in Article 27(4)(a) to (c) of the principal Order.

(6) Where an order has been made by a court outside Northern Ireland for the making of payments or the transfer of property by a party to the marriage, the court in considering in accordance with this Article the financial resources of the other party to the marriage or a child of the family shall have regard to the extent to which that order has been complied with or is likely to be complied with.

[F1 (7) In this Article—

(a) “pension arrangement” has the meaning given by Article 27D(3) of the principal Order, and

(b) references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.[F4 , and

[F5 (c) “PPF compensation” means compensation payable under—

(i) Chapter 3 of Part 3 of the Pensions (Northern Ireland) Order 2005 (pension protection) or any regulations or order made under it,

(ii) Chapter 1 of Part 3 of the Pensions (No. 2) Act (Northern Ireland) 2008 (pension compensation sharing) or any regulations or order made under it, or

(iii) any provision corresponding to the provisions mentioned in head (i) or (ii) in force in Great Britain.]]]

F1 1999 NI 11

F2 Words in art. 22(3A)(a) inserted (1.1.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 3(2)(a)(i); S.R. 2005/543, art. 2(3), Sch. Pt. 3

F3 Art. 22(3A)(b) substituted (1.1.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 3(2)(a)(ii); S.R. 2005/543, art. 2(3), Sch. Pt. 3

F4 Art. 22(7)(c) and preceding words added (1.1.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 3(2)(b); S.R. 2005/543, art. 2(3), Sch. Pt. 3

F5 Art. 22(7)(c) substituted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 12; S.R. 2011/108, art. 2(2), Sch.