SCHEDULES
C1SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1Financial relief
Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in Northern Ireland
11
1
Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in Northern Ireland.
2
The court may make under paragraph 9 any one or more of the following orders (but no other)—
a
an order that one of the civil partners shall pay to the other a specified lump sum;
b
an order that one of the civil partners shall pay to a child of the family, or to a specified person for the benefit of a child of the family, a specified lump sum;
c
an order that one of the civil partners shall transfer that civil partner’s interest in the dwelling-house, or a specified part of that interest—
i
to the other,
ii
to a child of the family, or
iii
to a specified person for the benefit of a child of the family;
d
an order that a settlement of the interest of one of the civil partners in the dwelling-house, or a specified part of that interest, be made to the satisfaction of the court for the benefit of any one or more of—
i
the other civil partner and the children of the family, or
ii
either or any of them;
e
an order varying for the benefit of any one or more of—
i
the civil partners and the children of the family, or
ii
either or any of them,
a relevant settlement so far as that settlement relates to an interest in the dwelling-house;
f
an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement so far as that interest is an interest in the dwelling-house;
g
an order for the sale of the interest of one of the civil partners in the dwelling-house.
3
Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in sub-paragraph (5).
4
Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5).
5
That amount is—
a
if the interest of the paying civil partner in the dwelling-house is sold in pursuance of an order made under sub-paragraph (2)(g), the amount of the proceeds of sale of that interest after deducting from those proceeds any costs incurred in the sale of that interest;
b
if that interest is not so sold, the amount which in the opinion of the court represents the value of that interest.
6
Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons—
a
the reference in sub-paragraph (2)(g) to the interest of one of the civil partners shall be construed as including a reference to the interest of that other person, or the interest of those other persons, in the dwelling-house, and
b
the reference in sub-paragraph (5)(a) to the amount of the proceeds of a sale ordered under sub-paragraph (2)(g) shall be construed as a reference to that part of those proceeds which is attributable to the interest of that civil partner in the dwelling-house.
7
In sub-paragraph (2)—
“relevant settlement” means a settlement made, during the subsistence of the civil partnership or in anticipation of its formation, on the civil partners, including one made by will or codicil;
“specified” means specified in the order.
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)