Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

117.

Periodical payments and lump sum orders.

117.— (1) On granting a decree of dissolution or at any other time after granting the decree, the court, on application to it in that behalf F36 [ by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may ], during the lifetime of either of the civil partners, make one or more of the following orders:

( a) an order that either of the civil partners make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order;

F37 [ (aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order; ]

( b) an order that either of the civil partners secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that F36 [ may be specified in the order; ]

F37 [ (ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order; ]

( c) an order that either of the civil partners make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that F36 [ may be specified in the order; and ]

F37 [ (ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order. ]

F38 [ (2) The court may order a civil partner to pay a lump sum

(a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1) , or

(b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1) . ]

(3) An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of the amounts that may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.

(4) The period specified in an order under subsection (1) (a) or (b) shall begin not earlier than the date of the application for the order and shall end not later than the death of the first civil partner to die.

F39 [ (4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs. ]

(5) An order made under subsection (1) (a) or (b) ceases to have effect on the date of entry into a new civil partnership or marriage of the civil partner in whose favour the order was made, except as respects payments due under it on that date.

(6) The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.

(7) The court that makes an order under F40 [ paragraph (a) or (aa) of subsection (1) ] shall, in the same proceedings, make an attachment of earnings order under Part 6 to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the civil partner ordered to make payments under that subsection, that—

( a) the order is desirable to secure payments under an order under F40 [ paragraph (a) or (aa) of subsection (1) ] and any variations and affirmations of that order, and

( b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.

Annotations:

Amendments:

F36

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 154(a)(i), (iii) and (v), S.I. No. 12 of 2016.

F37

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 154(a)(ii), (iv) and (vi), S.I. No. 12 of 2016.

F38

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 154(b), S.I. No. 12 of 2016.

F39

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 154(c), S.I. No. 12 of 2016.

F40

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 154(d), S.I. No. 12 of 2016.