Civil Partnership Act 2004

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8))

19 (1) Amend Article 5(2) (application by spouse or former spouse: matters to which court is to have regard) as follows.

(2) For the words from the beginning to “or (b)” substitute—

“This paragraph applies, without prejudice to the generality of sub-paragraph (g) of paragraph (1), where an application for an order under Article 4 is made by virtue of Article 3(1)(a) or (b).”

(3) The words from “the court shall, in addition” to the end of sub-paragraph (b) shall become a second sentence of the paragraph and, in sub-paragraph (a) of the sentence so formed, after “duration of the marriage” insert “or civil partnership”.

(4) The words from “in the case of an application by the wife or husband” to the end shall become a third sentence of the paragraph, omitting the immediately preceding “and”.

(5) At the end insert the following sentence—

“In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order.”