Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

118.

Property adjustment orders.

118.— (1) On granting a decree of dissolution or at any other time after the decree is granted, the court, on application to it in that behalf by F41 [ either of the civil partners 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 transferring specified property in which a civil partner has an interest either in possession or reversion from that civil partner F41 [ to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child ];

( b) an order settling specified property in which a civil partner has an interest either in possession or reversion for the benefit F41 [ of the other and of any dependent child of the civil partners or any or all of those persons ], to the satisfaction of the court;

( c) an order varying an ante-registration or post-registration settlement made by the civil partners, including one made by will or codicil, for the benefit of F41 [ one of the civil partners and of any dependent child of the civil partners or any or all of those persons ]; and

( d) an order extinguishing or reducing the interest of either of the civil partners under such a settlement.

(2) An order under subsection (1) (b), (c) or (d) may restrict to a specified extent or may exclude the application of section 131 in relation to the order.

(3) If, after the grant of the decree of dissolution, either of the civil partners registers in a new civil partnership or marries, the court shall not make an order under subsection (1) in favour of that civil partner.

(4) The registrar or clerk of the court that makes an order under subsection (1) in relation to land shall lodge with the Property Registration Authority a copy of the order certified to be a true copy for registration in the Registry of Deeds or Land Registry, as appropriate.

(5) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)( h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with—

( a) cancel the entry made in the register under the Registration of Title Act 1964, or

( b) note compliance with the order in the Registry of Deeds.

(6) The court may order a person other than the person directed by an order under subsection (1) to execute a deed or instrument in the name of the person who had been directed to do so if—

( a) that person refuses or neglects to comply with the direction, or

( b) the court considers it necessary to do so for another reason.

(7) A deed executed by a person in the name of another person pursuant to an order under subsection (6) is as valid as if it had been executed by the person who had been originally directed to do so.

(8) The court may determine the manner in which the costs incurred in complying with an order under this section are to be borne, including by one or the other of the civil partners or by both of them in the proportions that the court may determine.

(9) This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.

Annotations:

Amendments:

F41

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 155, S.I. No. 12 of 2016.

Editorial Notes:

E22

Form prescribed for application for cancellation of a Property Adjustment Order pursuant to section (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 103, in effect as per rl. 1.