Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

137.

Powers of court in relation to transactions intended to prevent or reduce relief.

137.— (1) In this section—

“disposition” means a disposition of property, other than a disposition by will or codicil;

“relief” means the financial or other material benefits conferred by an order under section 116, 117, 118, 119(1)(a), (b) or (c), 120, 121 to 126 , 127, or 131 (other than an order affecting an order referred to in section 131(1)(e) ), and references to defeating a claim for relief are references to—

F60 [ (a) preventing the relief being granted to the person concerned, whether for the benefit of the person or of a dependent child of the civil partners concerned, ]

( b) limiting the relief granted, or

( c) frustrating or impeding the enforcement of an order granting relief;

“reviewable disposition”, in relation to proceedings for the grant of relief brought by a civil partner, means a disposition made by the other civil partner or another person, but does not include a disposition made for valuable consideration (other than on registration in a new civil partnership or marriage) to a person who, at the time of the disposition, acted in good faith and without notice of an intention on the part of the other civil partner to defeat the claim for relief.

(2) The court, on application made by a person who makes it during the proceedings instituted for the grant of relief, may—

( a) if satisfied that the other civil partner concerned or another person, with the intention of defeating the claim for relief, proposes to make a disposition of or transfer out of the jurisdiction or otherwise deal with property, make the order that it thinks fit for the purpose of restraining the other civil partner or person from doing so or otherwise for protecting the claim, or

( b) if satisfied that the other civil partner or person has, with that intention, made a reviewable disposition and that, if the disposition were set aside, relief or different relief would be granted to the applicant,

make an order setting aside the disposition.

(3) Where the court has granted relief and the court is satisfied that the other civil partner or person has, with the intention referred to in subsection (2)(a), made a reviewable disposition, it may make an order setting aside the disposition.

(4) A court that makes an order under subsection (2) or (3) shall include in the order any provisions that it considers necessary for the implementation of the order, including provisions requiring the making of any payments or the disposal of any property.

(5) In proceedings on an application made under subsection (2) or (3) with respect to a disposition that took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property that is proposed to be made, there is a presumption, unless the contrary is shown, that the other civil partner or person disposed of or otherwise dealt with the property or proposes to do so with the intention of defeating the applicant’s claim for relief if—

( a) in a case referred to in subsection (2)(a), the disposition or other dealing would, apart from this section, have that consequence, or

( b) in any other case, the disposition has had that consequence.

(6) An application shall not be made for an order setting aside a disposition by reason only of subsection (2)(b) or (3) after the expiration of 6 years from the date of the disposition.

Annotations:

Amendments:

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Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 167, S.I. No. 12 of 2016.