Family Law Act 1995

Financial compensation orders.

11

11.(1) Subject to the provisions of this section, on granting a decree of judicial separation or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers—

(a) that the financial security of the spouse making the application (“the applicant”) or the dependent member of the family (“the member”) can be provided for either wholly or in part by so doing, or

(b) that the forfeiture, by reason of the decree of judicial separation, by the applicant or the dependent, as the case may be, of the opportunity or possibility of acquiring a benefit (for example, a benefit under a pension scheme) can be compensated for wholly or in part by so doing,

make a financial compensation order, that is to say, an order requiring either or both of the spouses to do one or more of the following:

(i) to effect such a policy of life insurance for the benefit of the applicant or the member as may be specified in the order,

(ii) to assign the whole or a specified part of the interest of either or both of the spouses in a policy of life insurance effected by either or both of the spouses to the applicant or to such person as may be specified in the order for the benefit of the member,

(iii) to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which either or both of the spouses is or are required to make under the terms of the policy.

(2) (a) The court may make a financial compensation order in addition to or in substitution in whole or in part for orders under sections 8 to 10 and 12 and in deciding whether or not to make such an order it shall have regard to whether F17[proper provision, having regard to the circumstances,] exists or can be made for the spouse concerned or the dependent member of the family concerned by orders under those sections.

(b) An order under this section shall cease to have effect on the remarriageF18[, registration in a civil partnership] or death of the applicant in so far as it relates to the applicant.

(c) The court shall not make an order under this section if the spouse who is applying for the order has remarried F18[or registered in a civil partnership].

(d) An order under section 18 in relation to an order under paragraph (i) or (ii) of subsection (1) may make such provision (if any) as the court considers appropriate in relation to the disposal of—

(i) an amount representing any accumulated value of the insurance policy effected pursuant to the order under the said paragraph (i), or

(ii) the interest or the part of the interest to which the order under the said paragraph (ii) relates.

Annotations

Amendments:

F17

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(d), commenced as per s. 1(2).

F18

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 162, S.I. No. 648 of 2010.