Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

129.

Provisions relating to certain orders.

129.— (1) In deciding whether to make an order under section 116, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131, and in determining the provisions of the order, the court shall ensure that the provision that the court considers proper having regard to the circumstances exists or will be made F54 [ for the civil partners and any dependent child of the civil partners concerned ].

(2) In deciding whether to make an order referred to in subsection (1) and in determining the provisions of the order, the court shall, in particular, have regard to the following matters:

( a) the income, earning capacity, property and other financial resources that each of the civil partners has or is likely to have in the foreseeable future;

( b) the financial needs, obligations and responsibilities that each of the civil partners has or is likely to have in the foreseeable future, whether in the case of the registration of a new civil partnership or marriage or otherwise;

F54 [ ( c ) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart; ]

( d) the age of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;

( e) any physical or mental disability of either of the civil partners;

F54 [ ( f ) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners; ]

( g) the effect on the earning capacity of each of the civil partners of the civil partnership responsibilities assumed by each during the period when they lived with one another after the registration of their civil partnership and the degree to which the future earning capacity of a civil partner is impaired by reason of that civil partner having relinquished or foregone the opportunity of remunerative activity in order to look after F54 [ the shared home or to care for the other civil partner or any dependent child of the civil partners ];

( h) any income or benefits to which either of the civil partners is entitled by or under statute;

( i) the conduct of each of the civil partners, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard;

( j) the accommodation needs of both of the civil partners;

( k) the value to each of the civil partners of any benefit (for example, a benefit under a pension scheme) which, by reason of the decree of dissolution, a civil partner will forfeit the opportunity or possibility of acquiring; and

( l) the rights of any person other than the civil partners but including a person with whom either civil partner is registered in a new civil partnership or to whom the civil partner is married, or any child to whom either of the civil partners owes an obligation of support.

(3) In deciding whether to make an order under a provision referred to in subsection (1) and in determining the provisions of the order, the court shall have regard to the terms of any separation agreement that the parties have entered into and that is still in force.

F55 [ (3A) In deciding whether to make an order referred to in subsection (1) in favour of a dependent child of the civil partners concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(c) any physical or mental disability of the child;

(d) any income or benefits to which the child is entitled by or under statute;

(e) the manner in which the child was being, and in which the civil partners concerned anticipated that the child would be, educated or trained;

(f) the matters specified in paragraphs (a) , (b) and (c) of subsection (2) and subsection (3) ;

(g) the accommodation needs of the dependent child. ]

(4) The court shall not make an order under a provision referred to in subsection (1) unless it would be in the interests of justice to do so.

Annotations:

Amendments:

F54

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 163(a) and (b), S.I. No. 12 of 2016.

F55

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 163(c), S.I. No. 12 of 2016.