Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

174.

Property adjustment orders.

174.— (1) An order under this section may provide for one or more of the following matters:

( a) the transfer by either of the cohabitants to or for the benefit of the other, of specified property in which the cohabitant has an interest either in possession or reversion;

( b) the settlement to the satisfaction of the court of specified property in which the cohabitant has an interest either in possession or reversion, for the benefit of the other cohabitant or of a dependent child;

( c) the variation for the benefit of either of the cohabitants or of a dependent child of an agreement referred to in section 202 (subject to section 202(4) ) or another settlement (including one made by will or codicil) made on the cohabitants; and

( d) the extinguishment or reduction of the interest of either of the cohabitants under an agreement referred to in section 202 (subject to section 202(4) ).

(2) Before making an order under this section, the court shall have regard to whether in all the circumstances it would be practicable for the financial needs of the qualified cohabitant to be met by an order made under section 175 or 187 , having regard to all the circumstances, including the likelihood of a future change of circumstances of either of the qualified cohabitants.

Annotations:

Editorial Notes:

E30

Certain property transfers between civil partners pursuant to an order under section exempted from stamp duty by Stamp Duties Consolidation Act 1999 (31/1999), s. 97A; as inserted (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 2 and sch. 2 item 11, commenced as per s. 5(8)(d); and as amended (31.03.2012) by Finance Act 2012 (9/2012), s. 107 and sch. 3 item 31, commenced on enactment.