Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

131.

Variations etc., of certain orders.

131.— (1) This section applies to the following orders:

( a) a maintenance pending suit order;

( b) a periodical payments order;

( c) a secured periodical payments order;

( d) a lump sum order if and insofar as it provides for the payment of the lump sum by instalments or requires the payment of instalments to be secured;

( e) an order under section 118(1)(b), (c) or (d) to the extent that the application of this section is not restricted or excluded pursuant to section 118(2) ;

( f) an order under section 119(1)(a) or (b);

( g) a financial compensation order;

( h) an order under section 121 (2) , to the extent that the application of this section is not restricted or excluded pursuant to section 121 (8) ; and

( i) an order under this section.

(2) Any of the following persons may apply under this section with respect to an order referred to in subsection (1) :

( a) either of the civil partners concerned;

( b) in the case of the death of a civil partner, another person who has, in the opinion of the court, sufficient interest F56 [ in the matter or a person on behalf of a dependent child of the civil partners concerned ]; and

( c) in the case of the registration of a new civil partnership or the marriage of either of the civil partners, his or her new civil partner or spouse.

(3) Subject to this section and section 129 and to any restriction or exclusion pursuant to section 118(2) or 121(8) , and without prejudice to section 120(6) , the court may, on application under subsection (2) and if it considers it proper to do so, having regard to any change in the circumstances of the case and to any new evidence, by order—

( a) vary or discharge the order,

( b) suspend any provision of the order,

( c) suspend temporarily any provision of the order,

( d) revive the operation of a suspended provision,

( e) further vary an order previously varied under this section, and

( f) further suspend or revive the operation of a provision previously suspended or revived under this section.

(4) An order under this section may require the divesting of property vested in a person under an order referred to in subsection (1) .

F57 [ (4A) Without prejudice to the generality of section 116 or 117 , that part of an order to which this section applies which provides for the making of payments for the support of a dependent child of the civil partners shall stand discharged if he or she ceases to be a dependent child of the civil partners by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (2) , if it is satisfied that the child has for any reason ceased to be a dependent child of the civil partners. ]

(5) The court’s power under subsection (3) to vary, discharge or suspend an order referred to in subsection (1)(e) is subject to any restriction or exclusion specified in that order and is a power—

( a) to vary the settlement to which that order relates in any person’s favour or to extinguish or reduce any person’s interest under that settlement; and

( b) to make the supplemental provision, including a further property adjustment order or a lump sum order, that the court thinks appropriate in consequence of any variation, extinguishment or reduction made under paragraph (a).

(6) Section 128 applies, with the necessary modifications, to a case where the court makes an order under subsection (5) as it applies to a case where the court makes a property adjustment order.

(7) The court shall not make an order under subsection (5) if it appears to the court that the order could prejudice the rights of a person who is not a F56 [ civil partner concerned or a dependent child of the civil partners concerned ] and has acquired a right or interest in consequence of the order referred to in subsection (1)(e).

(8) This section applies, with any necessary modifications, to instruments executed pursuant to orders referred to in subsection (1) as it applies to those orders.

(9) The registrar or clerk of the court shall, as appropriate, lodge a copy of an order made under subsection (3) in relation to a property adjustment order relating to land, which he or she has certified to be a true copy, with the Property Registration Authority for registration in the Registry of Deeds or Land Registry, as appropriate.

(10) Where a property adjustment order lodged under section 118(4) and duly registered pursuant to section 69(1)( h) of the Registration of Title Act 1964 is varied, discharged, suspended or revived by an order under subsection (3) and the second-mentioned order has been duly lodged for registration pursuant to subsection (9), the Property Registration Authority shall—

( a) amend or cancel accordingly the entry made in the register, pursuant to section 118(4) , under the Registration of Title Act 1964, or

( b) note the position in the Registry of Deeds.

Annotations:

Amendments:

F56

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 164(a) and (c), S.I. No. 12 of 2016.

F57

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 164(b), S.I. No. 12 of 2016.

Editorial Notes:

E24

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.