SCHEDULES

C1SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership

Annotations:

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.