SCHEDULES
C1SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1Financial relief
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
15
1
Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is granted leave under paragraph 4 to make an application for an order under paragraph 9.
2
If the court is satisfied, on application by A, that the other civil partner (“B”) is, with the intention of defeating a claim by A, about to—
a
make any disposition, or
b
transfer out of the jurisdiction, or otherwise deal with, any property,
it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.
3
If the court is satisfied, on application by A—
a
that the other civil partner (“B”) has, with the intention of defeating a claim by A, made a reviewable disposition, and
b
that, if the disposition were set aside—
i
financial relief under paragraph 5 or 9, or
ii
different financial relief under paragraph 5 or 9,
would be granted to A,
it may make an order setting aside the disposition.
4
If—
a
an order under paragraph 5 or 9 has been made by the court at the instance of one of the civil partners (“A”), and
b
the court is satisfied, on application by A, that the other civil partner (“B”) has, with the intention of defeating a claim by A, made a reviewable disposition,
the court may make an order setting aside the disposition.
5
Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned.
6
Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
7
For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a “reviewable disposition” (whether made before or after the commencement of A’s application under that sub-paragraph).
8
A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A’s claim.
9
A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—
a
preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that civil partner, or
b
frustrating or impeding the enforcement of any order which might be, or has been, made under paragraph 5 or 9 at the instance of that civil partner.
Sch. 17: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)