Children and Family Relationships Act 2015

163.

Amendment of section 129 of Act of 2010

163. Section 129 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “for the civil partners and any dependent child of the civil partners concerned” for “for the civil partners”,

(b) in subsection (2) —

(i) by the substitution of the following paragraph for paragraph (c):

“(c) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart;”,

(ii) by the substitution of the following paragraph for paragraph (f):

“(f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners;”,

and

(iii) in paragraph (g), by the substitution of “the shared home or to care for the other civil partner or any dependent child of the civil partners” for “the shared home”,

and

(c) by the insertion of the following subsection after subsection (3):

“(3A) In deciding whether to make an order referred to in subsection (1) in favour of a dependent child of the civil partners concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(c) any physical or mental disability of the child;

(d) any income or benefits to which the child is entitled by or under statute;

(e) the manner in which the child was being, and in which the civil partners concerned anticipated that the child would be, educated or trained;

(f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and subsection (3) ;

(g) the accommodation needs of the dependent child.”.