Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

175.

Compensatory maintenance orders.

175.— (1) The court, on application to it in that behalf by the qualified cohabitant, may, during the lifetime of either of the cohabitants, make one or more of the following orders:

( a) an order that either of the cohabitants make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order;

( b) an order that either of the cohabitants secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that may be specified in the order; and

( c) an order that either of the cohabitants make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that may be specified in the order.

(2) The court may order a qualified cohabitant to pay a lump sum to the other qualified cohabitant to meet any liabilities or expenses reasonably incurred by the other qualified cohabitant in maintaining himself or herself before the making of an application by the other qualified cohabitant for an order under subsection (1).

(3) An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of the amounts that may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.

(4) The period specified in an order under subsection (1)(a) or (b) shall begin not earlier than the date of the application for the order and shall end not later than the date of death of the first qualified cohabitant to die.

(5) An order made under subsection (1)(a) or (b) ceases to have effect on the marriage or registration in a civil partnership, or in a legal relationship that is the subject of an order under section 5 , of the qualified cohabitant in whose favour the order was made, except as respects payments due under it on the date of the marriage or registration.

(6) The court shall not make an order under this section in favour of a qualified cohabitant who has married or registered in a civil partnership, or in a legal relationship that is the subject of an order under section 5 .

(7) The court that makes an order under subsection (1)(a) shall, in the same proceedings, make an attachment of earnings order under section 176 to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the qualified cohabitant ordered to make payments under that subsection, that—

( a) the order is desirable to secure payments under an order under subsection (1) (a) and any variations and affirmations of that order, and

( b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.