{"id":11552,"date":"2022-04-25T19:42:27","date_gmt":"2022-04-25T19:42:27","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11552"},"modified":"2024-04-23T21:41:32","modified_gmt":"2024-04-23T21:41:32","slug":"civil-partnership-termination","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/civil-partnership-termination\/","title":{"rendered":"Civil Partnership Termination"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Annulment\" title=\"Annulment\">Annulment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Dissolution_Mediation\" title=\"Dissolution &amp; Mediation\">Dissolution &amp; Mediation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Ancillary_Orders\" title=\"Ancillary Orders\">Ancillary Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Property_Orders\" title=\"Property Orders\">Property Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Financial_Provision\" title=\"Financial Provision\">Financial Provision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Pension_Adjustment\" title=\"Pension Adjustment\">Pension Adjustment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Death\" title=\"Death\">Death<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Sale_of_Property\" title=\"Sale of Property\">Sale of Property<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Variation\" title=\"Variation\">Variation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Setting_Aside\" title=\"Setting Aside\">Setting Aside<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Court_Jurisdiction\" title=\"Court Jurisdiction\">Court Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/#Various\" title=\"Various\">Various<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Grant_of_decree_of_nullity\" title=\"Grant of decree of nullity.\">Grant of decree of nullity.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Effect_of_decree_of_nullity\" title=\"Effect of decree of nullity.\">Effect of decree of nullity.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Definitions_etc\" title=\"Definitions, etc.\">Definitions, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Dissolution_of_civil_partnership_on_marriage\" title=\"Dissolution of civil partnership on marriage\">Dissolution of civil partnership on marriage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Grant_of_decree_of_dissolution\" title=\"Grant of decree of dissolution.\">Grant of decree of dissolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Adjournment_of_proceedings_to_assist_reconciliation_mediation_or_agreements_on_terms_of_dissolution\" title=\"Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.\">Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Non-admissibility_as_evidence_of_certain_communications\" title=\"Non-admissibility as evidence of certain communications.\">Non-admissibility as evidence of certain communications.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Effect_of_decree_of_dissolution\" title=\"Effect of decree of dissolution.\">Effect of decree of dissolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Preliminary_orders_in_proceedings_for_dissolution\" title=\"Preliminary orders in proceedings for dissolution.\">Preliminary orders in proceedings for dissolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Maintenance_pending_suit_orders\" title=\"Maintenance pending suit orders.\">Maintenance pending suit orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Periodical_payments_and_lump_sum_orders\" title=\"Periodical payments and lump sum orders.\">Periodical payments and lump sum orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Property_adjustment_orders\" title=\"Property adjustment orders.\">Property adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Miscellaneous_ancillary_orders\" title=\"Miscellaneous ancillary orders.\">Miscellaneous ancillary orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Financial_compensation_orders\" title=\"Financial compensation orders.\">Financial compensation orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Pension_adjustment_orders\" title=\"Pension adjustment orders.\">Pension adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Procedural_provisions_respecting_pension_adjustment_orders\" title=\"Procedural provisions respecting pension adjustment orders.\">Procedural provisions respecting pension adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Rules_respecting_payments_under_schemes\" title=\"Rules respecting payments under schemes.\">Rules respecting payments under schemes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Payments_further_to_orders_under_section_121\" title=\"Payments further to orders under section 121 .\">Payments further to orders under section 121 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Costs\" title=\"Costs.\">Costs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Other_provisions_for_orders_under_section_121\" title=\"Other provisions for orders under section 121 .\">Other provisions for orders under section 121 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Applications_for_provision_from_estate_of_deceased_civil_partner\" title=\"Applications for provision from estate of deceased civil partner.\">Applications for provision from estate of deceased civil partner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Orders_for_sale_of_property\" title=\"Orders for sale of property.\">Orders for sale of property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Provisions_relating_to_certain_orders\" title=\"Provisions relating to certain orders.\">Provisions relating to certain orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Retrospective_periodical_payment_orders\" title=\"Retrospective periodical payment orders.\">Retrospective periodical payment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Variations_etc_of_certain_orders\" title=\"Variations etc., of certain orders.\">Variations etc., of certain orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Restriction_in_relation_to_orders_for_benefit_of_dependent_children_of_civil_partners\" title=\"Restriction in relation to orders for benefit of dependent children of civil partners\">Restriction in relation to orders for benefit of dependent children of civil partners<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Method_of_making_payments_under_certain_orders\" title=\"Method of making payments under certain orders.\">Method of making payments under certain orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Transmission_of_periodical_payments_through_District_Court_clerk\" title=\"Transmission of periodical payments through District Court clerk.\">Transmission of periodical payments through District Court clerk.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Application_of_maintenance_pending_suit_and_periodical_payment_orders_to_certain_members_of_Defence_Forces\" title=\"Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.\">Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Amendment_of_Enforcement_of_Court_Orders_Act_1940\" title=\"Amendment of Enforcement of Court Orders Act 1940.\">Amendment of Enforcement of Court Orders Act 1940.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Powers_of_court_in_relation_to_transactions_intended_to_prevent_or_reduce_relief\" title=\"Powers of court in relation to transactions intended to prevent or reduce relief.\">Powers of court in relation to transactions intended to prevent or reduce relief.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Cost_of_mediation_and_counselling_services\" title=\"Cost of mediation and counselling services.\">Cost of mediation and counselling services.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Other_Consequential_Amendments_Etc\" title=\"Other Consequential Amendments, Etc.\">Other Consequential Amendments, Etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Application_and_amendment_of_Pensions_Act_1990\" title=\"Application and amendment of Pensions Act 1990.\">Application and amendment of Pensions Act 1990.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Amendment_of_Family_Law_Divorce_Act_1996\" title=\"Amendment of Family Law (Divorce) Act 1996.\">Amendment of Family Law (Divorce) Act 1996.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Amendment_of_section_13_of_Act_of_1996\" title=\"Amendment of section 13 of Act of 1996.\">Amendment of section 13 of Act of 1996.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Amendment_of_Family_Law_Act_1995\" title=\"Amendment of Family Law Act\u00a0 1995\">Amendment of Family Law Act\u00a0 1995<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#CIVIL_REGISTRATION_ACT\" title=\"CIVIL REGISTRATION ACT\">CIVIL REGISTRATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Particulars_of_Decrees_of_Nullity_of_Marriage_to_be_Entered_in_Register_of_Decrees_of_Nullity_F296of_Marriage\" title=\"Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity F296[of Marriage]\">Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity F296[of Marriage]<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/civil-partnership-termination\/2\/#Particulars_to_be_Entered_in_Register_of_Decrees_of_Nullity_of_Civil_Partnership\" title=\"Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership\">Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Annulment\"><\/span>Annulment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A civil partnership can be annulled if it is shown to be invalid. The application can be made by either partner or by another person who has an interest, e.g., a child after the death of the other. A civil partnership may be potentially annulled on the following grounds:<\/p>\n<ul>\n<li>either or both who are already married;<\/li>\n<li>either or both who are under 18 years,<\/li>\n<li>either or both are already registered in another civil partnership;<\/li>\n<li>the formalities were not observed<\/li>\n<li>either or both did not give free and unhindered consent;<\/li>\n<\/ul>\n<p>Consent may be negated by<\/p>\n<ul>\n<li>duress<\/li>\n<li>undue pressure,<\/li>\n<li>lack of intention to accept the other as a civil partner<\/li>\n<li>inability to give informed consent as attested by a consulting psychiatrist;<\/li>\n<li>within the probable degrees of relationship;<\/li>\n<li>parties are not of the same sex.<\/li>\n<\/ul>\n<p>When a decree of nullity is granted or declared, the civil partnership is deemed not to have existed. However, the rights of persons who have relied on the existence of the partnership are not prejudiced.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Dissolution_Mediation\"><\/span>Dissolution &amp; Mediation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A civil partnership may be dissolved in proceedings similar to divorce proceedings. A decree of dissolution may be granted if the court is satisfied as of the date of the proceedings, the civil partners have lived apart for a period amounting to at least 2 years in the previous three and provision that the court considers proper at the circumstances exist or will be made for the civil partners.<\/p>\n<p>The court may adjourn proceedings of its own initiative or with the assistance of a third party with a view to reconciliation or reaching an agreement in relation to the terms of the proposed dissolution. Either or both parties may request an adjournment.<\/p>\n<p>Proceedings may be adjourned, and parties may be advised by the court to seek the assistance of a mediator or third party in relation to a proposed reconciliation or reaching an agreement on some or all of the terms of the dissolution. Evidence may not be admitted in relation to communications in connection with a prospective mediation or equivalent agreement.<\/p>\n<p>Where a decree of dissolution of the civil partnership is granted, either partner may enter a new partnership or may marry.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ancillary_Orders\"><\/span>Ancillary Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Preliminary applications may be made in a dissolution application equivalent to those in marriage. They include applications for safety orders, barring orders, maintenance orders, periodical payments and lump sum payment orders.<\/p>\n<p>On granting a decree of dissolution, much the same remedies for property division and much the same principles apply as in the case of judicial separation and divorce. The criteria are broadly similar.<\/p>\n<p>Periodical or lump sum payments may be ordered. Provision may be made for securing the payment. A lump sum may be payable by installments.<\/p>\n<p>The period for payment of maintenance payments may be for up to the lifetime of the respondent civil partner. The order cease to have effect upon the marriage or new civil partnership of the civil partner. An attachment of earnings order may be made to secure a support payments order.<\/p>\n<p>The various remedies can be granted at the time of dissolution or another time.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Property_Orders\"><\/span>Property Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The special short-form procedures for property disputes between spouses is applied to civil partners. Either in matrimonial proceedings or in separate short form proceedings, questions regarding the title and ownership of the property of civil partners may be determined without full civil proceedings.<\/p>\n<p>Property adjustment orders may be made in the same way as in divorce. The court may order property to be settled or a trust to be created. Orders may be made varying settlements made by the civil partners, whether by will or otherwise. An order may be made restricting the possibility of a variation of the order in the future.<\/p>\n<p>Property adjustment orders may be lodged in the Land Registry or Registry of Deeds in order to give effect to them. An order may be made directing a person to transfer a property, or if they refuse to do directing or authorizing another person to make the transfer on their behalf.<\/p>\n<p>Possible orders include<\/p>\n<ul>\n<li>rights granted for life or other periods to occupy the shared home to the exclusion of one civil partner;<\/li>\n<li>orders directing the sale of the shared home subject to stated conditions regarding the sale proceeds;<\/li>\n<li>orders under domestic violence legislation;<\/li>\n<li>orders or partition of property.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Provision\"><\/span>Financial Provision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil partners may be required to make and pay financial compensation upon the granting of dissolution or at any time thereafter. This may require<\/p>\n<ul>\n<li>effecting a life policy;<\/li>\n<li>assigning an existing life policy or making payments to a third person to maintain the policy.<\/li>\n<\/ul>\n<p>The basis of such an order is that the financial security can be provided and the forfeiture by the applicant of the opportunity of acquiring a benefit (for example, a benefit under a pension scheme) by reason of the decree of dissolution can be compensated wholly or partly by making the order. The court will consider the totality of other orders and provisions made. Such an order ceases upon entry into a new civil partnership, the marriage or the death of the applicant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pension_Adjustment\"><\/span>Pension Adjustment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pension adjustment orders can be made in much the same way as in judicial separation and divorce. The application may be granted at the time of dissolution or at any time thereafter on the application of either party. The orders will specify the period of service required taken into account and the percentage of benefit to be paid to the other civil partner.<\/p>\n<p>Where an order is made prior to retirement, a transfer amount equal to value of the designated benefit may be moved from the pension scheme. Alternatively, it may be required to be maintained separately within the scheme.<\/p>\n<p>Upon the granting of dissolution or within one year afterwards, the death in service benefits may be the subject of an order. Such an order may be in addition to or substitution for another order. The trustees may be directed in a particular manner, notwithstanding that it may breach the scheme rules.<\/p>\n<p>Where provision is made for the payment of lump sums to another scheme or for retention of the payment within the scheme, certain conditions apply. The cost incurred by the scheme may be borne by the parties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Death\"><\/span>Death<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A civil partner may, after the death of his civil partner but not more than 6 months after the grant of representation, may apply for an order for provision from the estate of the deceased civil partner. The court may make provisions for the applicant as the court considers proper, having regard to the rights of the other person having an interest in the matter.<\/p>\n<p>If the court is satisfied that proper provision was not made for the applicant during the lifetime of the deceased, for any reason other than the conduct of the applicant, which the court regards, it is unjust to disregard.<\/p>\n<p>The right does not apply to a civil partner who has entered a new civil partnership or who has married since the date of the dissolution.<\/p>\n<p>In considering whether to make an order, the court must have regard to all the circumstances, including other orders and provisions which have been made by way of permanent provision, as well as benefits received from the will of the deceased. The total value of the provision made is not to exceed the share the applicant would take in the estate of the deceased civil partner, had the civil partnership not being dissolved.<\/p>\n<p>The personal representative must make reasonable attempts to ensure that death is brought to the attention of the other civil partner. \u00a0Where an application is made, the personal representative may not distribute the assets until the matter has been decided.<\/p>\n<p>The civil partner must notify the personal representative not later than one month after receipt of the notice of death as to whether he or she intends to make an application, has obtained an order or intends to do so. If the notice is not given, the personal representative may distribute the assets and is not liable to the civil partner for the distribution.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sale_of_Property\"><\/span>Sale of Property<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may make an order directing the sale of property in which both partners have a beneficial interest. It may make a secured periodical payment, a lump sum payment. It should not exercise the jurisdiction in a way which would affect the civil partner\u2019s right to occupy the shared home by virtue of an order under the act.<\/p>\n<p>Provisions can be made in connection with the manner of sale and certain other related matters. In deciding whether and to what extent to make orders, the court has regard to all the factors, including the protection or the following:<\/p>\n<ul>\n<li>respective income earning capacity, property and other financial resources of each;<\/li>\n<li>respective financial needs, obligations and responsibilities of each at present and for the foreseeable future in both cases;<\/li>\n<li>their prior standard of living;<\/li>\n<li>respective ages, duration and length of civil partnership;<\/li>\n<li>physical and mental disability of either;<\/li>\n<li>contributions made or likely to be made in the foreseeable future to the welfare 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<\/li>\n<li>looking after the shared home;<\/li>\n<li>the effect on the earning capacity of each of the civil partners of the civil partnership responsibilities assumed by each during the period when they lived with one another after the registration of their civil partnership and the degree to which the future earning capacity of a civil partner is impaired by reason of that civil partner having relinquished or foregone the opportunity of remunerative activity in order to look after the shared home;<\/li>\n<li>any income or benefits to which either of the civil partners is entitled by or under statute;<\/li>\n<li>the conduct of each of the civil partners, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard;<\/li>\n<li>the accommodation needs of both of the civil partners;<\/li>\n<li>the value to each of the civil partners of any benefit (for example, a benefit under a pension scheme) which, by reason of the decree of dissolution, a civil partner will forfeit the opportunity or possibility of acquiring; and<\/li>\n<li>the rights of any person other than the civil partners but including a person with whom either civil partner is registered in a new civil partnership or to whom the civil partner is married, or any child to whom either of the civil partners owes an obligation of support.<\/li>\n<\/ul>\n<p>A court may make retrospective periodical payment orders.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Variation\"><\/span>Variation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Subject to conditions, partners or other persons with an interest in the matter, such as successors of a deceased partner or new spouses or civil partner, may make an application to vary, discharge, suspend or revive certain orders.<\/p>\n<p>The orders concerned include<\/p>\n<ul>\n<li>periodical payment orders,<\/li>\n<li>lump sum orders,<\/li>\n<li>financial compensation orders,<\/li>\n<li>property adjustment orders, to the extent that variation is not restricted by the original order,<\/li>\n<li>pension adjustments orders to the extent that variation is not excluded.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Setting_Aside\"><\/span>Setting Aside<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may set aside transactions which were intended to prevent or reduce assets in the event of the dissolution of a civil partnership. These are equivalent to the provisions for setting aside such transactions in the case of divorce, and judicial separation, which is designed to prevent, limit, or frustrate the enforcement of rights and reliefs.<\/p>\n<p>Transactions made revised and set aside in the same manner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_Jurisdiction\"><\/span>Court Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Circuit Court and the High Court have jurisdiction and powers in relation to civil partnership matters. The District Court has powers in relation to maintenance issues with periodical payments of up to\u00a0 \u20ac500 per week.<\/p>\n<p>The court may exercise jurisdiction in relation to civil partnership matters if the parties of the proceedings reside or an ordinarily resident for at least one year.<\/p>\n<p>Major matters are determined by the Circuit Court. Where the property valuation exceeds \u20ac3,00000, the High Court has jurisdiction.<\/p>\n<p>Civil partnership law proceedings are to as informal as practicable and consistent with the administration of justice. Judges and representatives appear in court without wigs or gowns. Proceedings are heard in private.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various\"><\/span>Various<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The domestic violence protection provisions applicable between spouses apply between civil partners. They allow for the making of orders, empowering the applicant or restricting the respondent civil partner from entering the shared home on the same basis as would apply to the spouses. See our chapter on domestic violence.<\/p>\n<p>Where a rule of law relates to conflicts of interest, a reference to a connected person is to include a civil partner and a child who lives with them.<\/p>\n<p>Benefit under pension scheme, stated by its rules to provide for a spouse is deemed to be provided equally for the civil partner of the person concerned. Several of the references in pensions legislation are amended to refer to be civil partner status as in the same manner as the marital status.<\/p>\n<p>Civil status is also a relevant ground of discrimination under employment equality and general equality legislation in the same manner as marital status.<\/p>\n<p>Civil partners are given equivalent rights as partners under powers of attorney legislation as dependents in a civil liability claim.<\/p>\n<p><!--nextpage--><\/p>\n<p>CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/p>\n<p>PART 11<\/p>\n<p>Nullity of Civil Partnership<\/p>\n<h4>Grant of decree of nullity.<\/h4>\n<p>107.\u2014 On application to it in that behalf by either of the civil partners or by another person who, in the opinion of the court, has sufficient standing in the matter, the court may grant a decree of nullity if satisfied that at the time the civil partners registered in a civil partnership\u2014<\/p>\n<p>(a) either or both of the parties lacked the capacity to become the civil partner of the other for any reason, including\u2014<\/p>\n<p>(i) either or both of the parties was under the age of eighteen years,<\/p>\n<p>(ii) either or both of the parties was already a party to a valid marriage, and<\/p>\n<p>(iii) either or both of the parties was already registered in a relationship with another person which was entitled to be recognised as a civil partnership in the State in accordance with section 5 and which had not been dissolved,<\/p>\n<p>(b) the formalities for the registration of the civil partnership were not observed,<\/p>\n<p>(c) either or both of the parties did not give free and informed consent to the civil partnership registration for any reason, including\u2014<\/p>\n<p>(i) the consent was given under duress,<\/p>\n<p>(ii) the consent was given under undue influence,<\/p>\n<p>(iii) the party or parties did not intend, at the time of the registration, to accept the other as a civil partner in accordance with the law, and<\/p>\n<p>(iv) either or both of the parties was unable to give informed consent, as attested by a consultant psychiatrist within the meaning of section 2(1) of the Mental Health Act 2001,<\/p>\n<p>(d) the parties were within the prohibited degrees of relationship within the meaning of the Third Schedule to the Civil Registration Act 2004 (as inserted by section 26 of this Act), or<\/p>\n<p>(e) the parties were not of the same sex.<\/p>\n<h4>Effect of decree of nullity.<\/h4>\n<p>108.\u2014 (1) Where the court grants a decree of nullity, the civil partnership is declared not to have existed and either civil partner may register in a new civil partnership or marry.<\/p>\n<p>(2) The rights of a person who relied on the existence of a civil partnership which is subsequently the subject of a decree of nullity are not prejudiced by that decree.<\/p>\n<p>F25[Custody of dependent children of civil partners after decree of nullity<\/p>\n<p>108A.\u2014 Where the court grants a decree of nullity, it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nInserted (18.01.2016 by Children and Family Relationships Act 2015 (9\/2015), s. 148, S.I. No. 12 of 2016.<\/p>\n<p>PART 12<\/p>\n<p>Dissolution of Civil Partnership<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E19<br \/>\nCertain disposals made by virtue of or in consequence of an order made under Part on or following a decree of dissolution confirmed exempt from capital gains tax by Taxes Consolidation Act 1997 (39\/1997), s. 1031O(1)(a), as inserted (for year of assessment 2011 and subsequent years of assessment) by Finance (No. 3) Act 2011 (18\/2011), s. 1(1), in effect as per s. 5(8)(c), and substituted (for year of assessment 2011 and subsequent years of assessment) by Finance Act 2013 (8\/2013), s. 103(1)(f), commenced as per s. 103(3)(a).<\/p>\n<h4>Definitions, etc.<\/h4>\n<p>109.\u2014 (1) In this Part\u2014<\/p>\n<p>F26[&#8220;Act of 1964&#8221; means the Guardianship of Infants Act 1964;]<\/p>\n<p>\u201ccourt\u201d shall be construed in accordance with section 140;<\/p>\n<p>\u201cdecree of dissolution\u201d means a decree under section 110;<\/p>\n<p>\u201cdecree of nullity\u201d means a decree granted by a court under section 107 declaring a civil partnership to be void;<\/p>\n<p>\u201cfinancial compensation order\u201d means an order under section 120;<\/p>\n<p>\u201clump sum order\u201d means an order under F27[paragraph (c) or (ca) of section 117(1)]<\/p>\n<p>\u201cmaintenance pending suit order\u201d means an order under section 116;<\/p>\n<p>\u201cmember\u201d in relation to a pension scheme, means a person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;<\/p>\n<p>\u201cpension adjustment order\u201d means an order under sections 121 to 126 ;<\/p>\n<p>\u201cpension scheme\u201d means\u2014<\/p>\n<p>(a) an occupational pension scheme within the meaning of the Pensions Act 1990,<\/p>\n<p>(b) an annuity contract approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997, or a contract so approved under section 785 of that Act,<\/p>\n<p>(c) a trust scheme, or part of a trust scheme, approved under section 784(4) or 785(5) of the Taxes Consolidation Act 1997,<\/p>\n<p>(d) a policy or contract of assurance approved by the Revenue Commissioners under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997, or<\/p>\n<p>(e) another scheme or arrangement, including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts, that provides or is intended to provide either or both of the following:<\/p>\n<p>(i) benefits for a person who is a member of the scheme or arrangement upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving or upon the ceasing of the relevant employment, and<\/p>\n<p>(ii) benefits for the widow, widower or dependants of the person referred to in subparagraph (i), for his or her civil partner or the person that was his or her civil partner until the death of the person referred to in subparagraph (i) or for any other persons, on the death of that person;<\/p>\n<p>\u201cperiodical payments order\u201d means an order under F27[paragraph (a) or (aa) of section 117(1)];<\/p>\n<p>\u201cproperty adjustment order\u201d means an order under section 118;<\/p>\n<p>\u201csecured periodical payments order\u201d means an order under F27[paragraph (b) or (ba) of section 117(1)];<\/p>\n<p>\u201cshared home\u201d has the meaning assigned to it in Part 4 , with the modification that the references to a civil partner in that Part shall be construed as references to a civil partner within the meaning of this Part;<\/p>\n<p>\u201ctrustees\u201d, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not established under a trust, means the persons who administer the scheme.<\/p>\n<p>(2) In this Part, where the context so requires\u2014<\/p>\n<p>(a) a reference to a civil partnership includes a reference to a civil partnership that has been dissolved under this Part,<\/p>\n<p>(b) a reference to a registration in a new civil partnership includes a reference to a registration in a civil partnership that takes place after a civil partnership that has been dissolved F27[under this Part,]<\/p>\n<p>(c) a reference to a civil partner includes a reference to a person who was a civil partner in a civil partnership that has been dissolved F27[under this Part, and]<\/p>\n<p>F26[(d) a reference to an application to a court by a person on behalf of a dependent child of the civil partners includes a reference to such an application by such a child and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent child of the civil partners includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 149(a)(iv) and (b)(iii), S.I. No. 12 of 2016.<\/p>\n<p>F27<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015, s. 149(a)(i), (ii), (iii) and (b)(i), (ii), S.I. No. 12 of 2016.<\/p>\n<p>F28[<\/p>\n<h4>Dissolution of civil partnership on marriage<\/h4>\n<p>109A.\u2014 Notwithstanding any provision of this Part, a civil partnership subsisting between two persons immediately before their marriage to each other shall stand dissolved on and from the date of that marriage.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nInserted (16.11.2015) by Marriage Act 2015 (35\/2015), s. 11, S.I. No. 504 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E20<br \/>\nThe section heading is taken from the amending provision in the absence of one included in the amendment.<\/p>\n<h4>Grant of decree of dissolution.<\/h4>\n<p>F29[110.\u2014 (1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that\u2014<\/p>\n<p>(a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and<\/p>\n<p>(b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.<\/p>\n<p>F30[(1A) For the purposes of this section\u2014<\/p>\n<p>(a) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the civil partners do not live together as a couple in an intimate and committed relationship, and<\/p>\n<p>(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.]<\/p>\n<p>(2) Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F29<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 150, S.I. No. 12 of 2016.<\/p>\n<p>F30<br \/>\nInserted (1.12.2019) by Family Law Act 2019 (37\/2019), s. 4(1), S.I. No. 585 of 2019, subject to transitional provision in subs. (3).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nIn proceedings to which subs. (2) applies, court may adjourn proceedings and direct an investigation of the child\u2019s circumstances as provided by Guardianship of Infants Act 1964 (7\/1964), s. 20(d); as inserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 175(c), S.I. No. 12 of 2016.<\/p>\n<h4>Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.<\/h4>\n<p>111.\u2014 (1) The court may adjourn or further adjourn proceedings under section 110 at any time for the purpose of enabling the civil partners to attempt, if they both so wish, with or without the assistance of a third party\u2014<\/p>\n<p>(a) to reconcile, or<\/p>\n<p>(b) to reach agreement on some or all of the terms of the proposed dissolution.<\/p>\n<p>(2) Either or both of the civil partners may at any time request that the hearing of proceedings adjourned under subsection (1) be resumed as soon as may be and, if that request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.<\/p>\n<p>(3) The powers conferred by this section are additional to any other power of the court to adjourn proceedings.<\/p>\n<p>(4) The court may, at its discretion when adjourning proceedings under this section, advise the civil partners to seek the assistance of a mediator or other third party in relation to the civil partners\u2019 proposed reconciliation or reaching of an agreement between them on some or all of the terms of the proposed dissolution.<\/p>\n<h4>Non-admissibility as evidence of certain communications.<\/h4>\n<p>112.\u2014 The following are not admissible as evidence in any court:<\/p>\n<p>(a) an oral or written communication between either of the civil partners and a third party, whether or not made in the presence or with the knowledge of the other civil partner, for the purpose of\u2014<\/p>\n<p>(i) seeking assistance to effect a reconciliation, or<\/p>\n<p>(ii) reaching agreement between them on some or all of the terms of a dissolution;<\/p>\n<p>and<\/p>\n<p>(b) any record of such a communication, made or caused to be made by either of the civil partners concerned or the third party.<\/p>\n<h4>Effect of decree of dissolution.<\/h4>\n<p>113.\u2014 F31[(1)] Where the court grants a decree of dissolution, the civil partnership is thereby dissolved and either civil partner may register in a new civil partnership or marry.<\/p>\n<p>F31[(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (2.11.2017) by Children and Family Relationships Act 2015 (9\/2015), s. 151, commenced in part by S.I. No. 474 of 2017, art. 3(d): other than in so far as subs. (2) relates to Guardianship of Infants Act 1964, s. 6B; commenced (4.05.2020) in so far as subs. (2) relates to the said s. 6B by S.I. No. 624 of 2019.<\/p>\n<h4>Interpretation.<\/h4>\n<p>114.\u2014 An order made under any of sections 115 to 128 that refers to a civil partner shall be construed as including a person who was a civil partner until the dissolution of the civil partnership under this Part.<\/p>\n<h4>Preliminary orders in proceedings for dissolution.<\/h4>\n<p>115.\u2014 Where an application is made to the court for the grant of a decree of dissolution, the court, before deciding whether to grant or refuse to grant the decree may, in the same proceedings and without the institution of proceedings under any other Act, if it appears to the court to be proper to do so, make one or more of the following orders:<\/p>\n<p>F32[(a) a safety order, barring order, interim barring order or protection order under the Domestic Violence Act 2018;]<\/p>\n<p>(b) an order under section 30 F33[or section 34; and]<\/p>\n<p>F34[(c) an order under section 11 of the Act of 1964.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F32<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 51(a), S.I. No. 532 of 2018.<\/p>\n<p>F33<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 152(a) and (b), S.I. No. 12 of 2016.<\/p>\n<p>F34<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 152(c), S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nIn proceedings to which para. (c) applies, court may adjourn proceedings and direct an investigation of the child\u2019s circumstances as provided by Guardianship of Infants Act 1964 (7\/1964), s. 20(d); as inserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 175(c), S.I. No. 12 of 2016.<\/p>\n<p>E23<br \/>\nPrevious affecting provision: para. (a) amended (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 152(a) and (b), S.I. No. 12 of 2016; paragraph substituted as per F-note above.<\/p>\n<h4>Maintenance pending suit orders.<\/h4>\n<p>116.\u2014 F35[(1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of any dependent child of the civil partners that the court considers proper and specifies in the order.]<\/p>\n<p>(2) Periodical payments ordered under subsection (1) may be for the period beginning not earlier than the date of the application and ending not later than the date of its determination that the court specifies in the order.<\/p>\n<p>F36[(3) The court may provide that payments under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F35<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 153(a), S.I. No. 12 of 2016.<\/p>\n<p>F36<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 153(b), S.I. No. 12 of 2016.<\/p>\n<h4>Periodical payments and lump sum orders.<\/h4>\n<p>117.\u2014 (1) On granting a decree of dissolution or at any other time after granting the decree, the court, on application to it in that behalf F37[by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:<\/p>\n<p>(a) an order that either of the civil partners make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order;<\/p>\n<p>F38[(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;]<\/p>\n<p>(b) an order that either of the civil partners secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that F37[may be specified in the order;]<\/p>\n<p>F38[(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;]<\/p>\n<p>(c) an order that either of the civil partners make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that F37[may be specified in the order; and]<\/p>\n<p>F38[(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.]<\/p>\n<p>F39[(2) The court may order a civil partner to pay a lump sum\u2014<\/p>\n<p>(a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1), or<\/p>\n<p>(b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1).]<\/p>\n<p>(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.<\/p>\n<p>(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 death of the first civil partner to die.<\/p>\n<p>F40[(4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.]<\/p>\n<p>(5) An order made under subsection (1) (a) or (b) ceases to have effect on the date of entry into a new civil partnership or marriage of the civil partner in whose favour the order was made, except as respects payments due under it on that date.<\/p>\n<p>(6) The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.<\/p>\n<p>(7) The court that makes an order under F41[paragraph (a) or (aa) of subsection (1)] shall, in the same proceedings, make an attachment of earnings order under Part 6 to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the civil partner ordered to make payments under that subsection, that\u2014<\/p>\n<p>(a) the order is desirable to secure payments under an order under F41[paragraph (a) or (aa) of subsection (1)] and any variations and affirmations of that order, and<\/p>\n<p>(b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 154(a)(i), (iii) and (v), S.I. No. 12 of 2016.<\/p>\n<p>F38<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 154(a)(ii), (iv) and (vi), S.I. No. 12 of 2016.<\/p>\n<p>F39<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 154(b), S.I. No. 12 of 2016.<\/p>\n<p>F40<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 154(c), S.I. No. 12 of 2016.<\/p>\n<p>F41<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 154(d), S.I. No. 12 of 2016.<\/p>\n<h4>Property adjustment orders.<\/h4>\n<p>118.\u2014 (1) On granting a decree of dissolution or at any other time after the decree is granted, the court, on application to it in that behalf by F42[either of the civil partners or by a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:<\/p>\n<p>(a) an order transferring specified property in which a civil partner has an interest either in possession or reversion from that civil partner F42[to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child];<\/p>\n<p>(b) an order settling specified property in which a civil partner has an interest either in possession or reversion for the benefit F42[of the other and of any dependent child of the civil partners or any or all of those persons], to the satisfaction of the court;<\/p>\n<p>(c) an order varying an ante-registration or post-registration settlement made by the civil partners, including one made by will or codicil, for the benefit of F42[one of the civil partners and of any dependent child of the civil partners or any or all of those persons]; and<\/p>\n<p>(d) an order extinguishing or reducing the interest of either of the civil partners under such a settlement.<\/p>\n<p>(2) An order under subsection (1) (b), (c) or (d) may restrict to a specified extent or may exclude the application of section 131 in relation to the order.<\/p>\n<p>(3) If, after the grant of the decree of dissolution, either of the civil partners registers in a new civil partnership or marries, the court shall not make an order under subsection (1) in favour of that civil partner.<\/p>\n<p>(4) The registrar or clerk of the court that makes an order under subsection (1) in relation to land shall lodge with the Property Registration Authority a copy of the order certified to be a true copy for registration in the Registry of Deeds or Land Registry, as appropriate.<\/p>\n<p>(5) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with\u2014<\/p>\n<p>(a) cancel the entry made in the register under the Registration of Title Act 1964, or<\/p>\n<p>(b) note compliance with the order in the Registry of Deeds.<\/p>\n<p>(6) The court may order a person other than the person directed by an order under subsection (1) to execute a deed or instrument in the name of the person who had been directed to do so if\u2014<\/p>\n<p>(a) that person refuses or neglects to comply with the direction, or<\/p>\n<p>(b) the court considers it necessary to do so for another reason.<\/p>\n<p>(7) A deed executed by a person in the name of another person pursuant to an order under subsection (6) is as valid as if it had been executed by the person who had been originally directed to do so.<\/p>\n<p>(8) The court may determine the manner in which the costs incurred in complying with an order under this section are to be borne, including by one or the other of the civil partners or by both of them in the proportions that the court may determine.<\/p>\n<p>(9) This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 155, S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nForm prescribed for application for cancellation of a Property Adjustment Order pursuant to section (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 103, in effect as per rl. 1.<\/p>\n<h4>Miscellaneous ancillary orders.<\/h4>\n<p>119.\u2014 (1) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by F43[either of the civil partners or a person on behalf of a dependent child of the civil partners may], during the lifetime of either of the civil partners, make one or more of the following orders:<\/p>\n<p>(a) an order providing for the conferral on one civil partner, either for life or for another specified definite or contingent period that the court may specify, of the right to occupy the shared home to the exclusion of the other civil partner;<\/p>\n<p>(b) an order directing the sale of the shared home subject to the conditions that the court considers proper and providing for the disposition of the proceeds of the sale between the civil partners and any other person with an interest in it;<\/p>\n<p>(c) an order under section 30, 33, 34 or 106;<\/p>\n<p>F44[(d) an order under the Domestic Violence Act 2018;]<\/p>\n<p>F43[(e) an order under section 31 of the Land and Conveyancing Law Reform Act 2009; and]<\/p>\n<p>F45[(f) an order under section 11 of the Act of 1964.]<\/p>\n<p>(2) The court, in exercising its jurisdiction under subsection (1) (a) or (b) shall have regard to the F43[welfare of the civil partners and any dependent child of the civil partners] and, in particular, shall take into consideration\u2014<\/p>\n<p>(a) that, where a decree of dissolution is granted, it is not possible for the civil partners to reside together, and<\/p>\n<p>(b) that proper and secure accommodation should, where practicable, be provided for a civil partner who is wholly or mainly dependent on the F43[other civil partner and for any dependent child of the civil partners].<\/p>\n<p>(3) Subsections (1) (a) and (b) do not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 156(a)(i)-(iii) and (b), S.I. No. 12 of 2016.<\/p>\n<p>F44<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 51(b), S.I. No. 532 of 2018.<\/p>\n<p>F45<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 156(a)(iv), S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPrevious affecting provision: subs. (1)(d) amended (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 156(a)(i), S.I. No. 12 of 2016; substituted as per F-note above.<\/p>\n<h4>Financial compensation orders.<\/h4>\n<p>120.\u2014 (1) If the court is of the view that one of the reasons set out in subsection (2) exists, the court, on application to it F46[in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners], during the lifetime of either of the civil partners, may make, on granting a decree of dissolution or at any time after granting it, one or more of the following orders:<\/p>\n<p>F46[(a) an order, on the application of either of the civil partners, requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner or a dependent child of the civil partners;]<\/p>\n<p>F47[(aa) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either of the civil partners to effect such a policy of life insurance for the benefit of the dependent child;]<\/p>\n<p>F46[(b) an order, on the application of one civil partner, requiring the other civil partner to assign to the applicant civil partner, or to such person as may be specified in the order for the benefit of a dependent child of the civil partners, the whole or a specified part of the interest in a policy of life insurance that the other civil partner has effected or that both of the civil partners have effected;]<\/p>\n<p>F47[(ba) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either civil partner or both civil partners to assign to a person specified in the order for the benefit of the dependent child of the civil partners the whole or a specified part of the interest in a policy of life insurance that either civil partner has effected or that both of the civil partners have effected; and]<\/p>\n<p>F46[(c) an order\u2014<\/p>\n<p>(i) on the application of a civil partner, requiring the other civil partner, or<\/p>\n<p>(ii) on the application of a person on behalf of a dependent child of the civil partners, requiring either or both of the civil partners,<\/p>\n<p>to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.]<\/p>\n<p>(2) The reasons referred to in subsection (1) are:<\/p>\n<p>(a) the financial security of the F48[applicant civil partner or the dependent child of the civil partners] can be provided for if the order is made; and<\/p>\n<p>(b) the forfeiture by the F48[applicant civil partner or the dependent child of the civil partners, as the case may be,] of the opportunity of acquiring a benefit (for example a benefit under a pension scheme) by reason of the decree of dissolution can be compensated wholly or partly by making the order.<\/p>\n<p>(3) The court may make an order under subsection (1) in addition to or in substitution in whole or in part for orders under sections 117 , 118 , 119 or 121 and, in deciding whether or not to make the order, the court shall have regard to whether proper provision, having regard to the circumstances, exists, or can be made, F48[for the civil partner concerned or any dependent child of the civil partners concerned] by orders under those sections.<\/p>\n<p>(4) An order made under subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or F48[death of the applicant civil partner in whose favour the order was made in so far as it relates to him or her].<\/p>\n<p>(5) The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.<\/p>\n<p>(6) An order under section 131 in relation to an order made under subsection (1) (a) or (b) may make the provision that the court considers appropriate in relation to the disposal of\u2014<\/p>\n<p>(a) an amount representing any accumulated value of the insurance policy effected pursuant to the order under subsection (1) (a), or<\/p>\n<p>(b) the interest or part of the interest to which the order under subsection (1) (b) relates.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F46<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 157(a)(i), (ii), (iv) and (vi), S.I. No. 12 of 2016.<\/p>\n<p>F47<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 157(a)(iii) and (v), S.I. No. 12 of 2016.<\/p>\n<p>F48<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 157(b)-(d), S.I. No. 12 of 2016.<\/p>\n<h4>Pension adjustment orders.<\/h4>\n<p>121.\u2014 (1) In this section and sections 122 to 126 \u2014<\/p>\n<p>\u201cAct of 1990\u201d means the Pensions Act 1990;<\/p>\n<p>\u201cactive member\u201d in relation to a scheme, means a member of the scheme who is in reckonable service;<\/p>\n<p>\u201cactuarial value\u201d means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of the benefit) under a scheme calculated by reference to appropriate financial assumptions and making due allowance for the probability of survival to normal pensionable age and beyond in accordance with normal life expectancy on the assumption that the member, at the effective date of calculation, is in a normal state of health having regard to his or her age;<\/p>\n<p>\u201capproved arrangement\u201d, in relation to the trustees of a scheme, means an arrangement whereby the trustees, on behalf of the person for whom the arrangement is made, effect policies or contracts of insurance that are approved of by the Revenue Commissioners with, and make the appropriate payments under the policies or contracts to, one or more undertakings;<\/p>\n<p>\u201ccontingent benefit\u201d means a benefit payable under a scheme, other than a payment under section 123 (4), to or for the benefit of the surviving civil partner, any dependants of the member civil partner or the personal representative of the member civil partner, if the member civil partner dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme;<\/p>\n<p>\u201cdefined contribution scheme\u201d has the meaning assigned to it by section 2(1) (as amended by section 29(1)(a)(ii) of the Social Welfare and Pensions Act 2008) of the Act of 1990;<\/p>\n<p>\u201cdesignated benefit\u201d in relation to a pension adjustment order, means an amount determined by the trustees of a scheme, in accordance with relevant guidelines and by reference to the period and the percentage of the retirement benefit specified in an order under subsection (2);<\/p>\n<p>\u201cmember civil partner\u201d in relation to a scheme, means a civil partner who is a member of the scheme;<\/p>\n<p>\u201cnormal pensionable age\u201d means the earliest age at which a member of a scheme is entitled to receive benefits under the rules of the scheme on retirement from relevant employment, disregarding any rules providing for early retirement on grounds of ill health or otherwise;<\/p>\n<p>\u201coccupational pension scheme\u201d has the meaning assigned to it by section 2(1) of the Act of 1990;<\/p>\n<p>\u201creckonable service\u201d means service in relevant employment during membership in any scheme;<\/p>\n<p>\u201crelevant guidelines\u201d means any relevant guidelines for the time being in force under section 10(1)(c) or (cc) (as amended by section 5 of the Pensions (Amendment) Act 1996, section 47(c) of the Family Law (Divorce) Act 1996, section 13(b) of the Pensions (Amendment) Act 2002 and section 37 of the Social Welfare and Pensions Act 2007) of the Act of 1990;<\/p>\n<p>\u201crelevant employment\u201d in relation to a scheme, means any employment, or any period treated as employment, or any period of self-employment to which a scheme applies;<\/p>\n<p>\u201cretirement benefit\u201d, in relation to a scheme, means all benefits, other than contingent benefits, payable under the scheme;<\/p>\n<p>\u201crules\u201d, in relation to a scheme, means the provisions of the scheme by whatever name called;<\/p>\n<p>\u201cscheme\u201d means a pension scheme;<\/p>\n<p>\u201ctransfer amount\u201d shall be construed in accordance with subsection (4);<\/p>\n<p>\u201cundertaking\u201d has the same meaning as \u201c\u2018insurance undertaking\u2019 or \u2018undertaking\u2019 \u201d in section 2(1) (as inserted by section 3(1) of the Insurance Act 2000) of the Insurance Act 1989.<\/p>\n<p>F49[(2) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section and sections 122 to 126, to\u2014<\/p>\n<p>(a) the other civil partner, or<\/p>\n<p>(b) a person specified in the order for the benefit of a dependent child of the civil partners for so long as that child remains a dependent child of the civil partners,<\/p>\n<p>of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.]<\/p>\n<p>(3) The order under subsection (2) shall specify\u2014<\/p>\n<p>(a) the period of reckonable service of the member civil partner prior to the granting of the decree to be taken into account, and<\/p>\n<p>(b) the percentage of the retirement benefit accrued during the period to be paid to F49[the other civil partner or to the person on behalf of the dependent child of the civil partners, as the case may be].<\/p>\n<p>(4) Where the court makes an order under subsection (2) in favour of a civil partner and payment of the designated benefit concerned has not commenced, the civil partner is entitled to the application in accordance with section 123(1) of an amount of money from the scheme (in this subsection referred to as a \u201ctransfer amount\u201d) equal to the value of the designated benefit as determined by the trustees of the scheme in accordance with relevant guidelines.<\/p>\n<p>F49[(5) On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to\u2014<\/p>\n<p>(a) the other civil partner, or<\/p>\n<p>(b) a person specified in the order for the benefit of a dependent child of the civil partners,<\/p>\n<p>of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.]<\/p>\n<p>(6) The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership or has married.<\/p>\n<p>(7) The court may make an order under this section in addition to or in substitution in whole or in part for an order under section 117, 118, 119 or 120 and, in deciding whether or not to make a pension adjustment order, the court shall have regard to the question whether proper provision, having regard to the circumstances, exists or can be made for the civil partner who is not a F49[member or for a dependent child of the civil partners concerned under] those sections.<\/p>\n<p>(8) An order under this section may restrict to a specified extent or exclude the application of section 131 in relation to the order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 158(d), S.I. No. 12 of 2016.<\/p>\n<h4>Procedural provisions respecting pension adjustment orders.<\/h4>\n<p>122.\u2014 (1) A person who makes an application under section 121(2) or (5) or an application for an order under section 131(2) in relation to an order under section 121(2) shall give notice of the application to the trustees of the scheme. The court shall, in deciding whether to make the order and in determining the provisions of the order, have regard to representations made by the persons to whom notice has been given under this section or section 141.<\/p>\n<p>(2) An order referred to in subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or death of the F50[applicant civil partner in whose favour the order was made in so far as the order relates to him or her].<\/p>\n<p>F51[(2A) Where the court makes an order under section 121(2), or under section 131(3) in relation to an order under section 121(2), for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her.]<\/p>\n<p>(3) The court may, in making an order referred to in subsection (1), give to the trustees of the scheme any directions that it considers appropriate, including a direction that would require the trustees not to comply with the rules of the scheme or the Act of 1990.<\/p>\n<p>(4) The registrar or clerk of the court that makes an order referred to in subsection (1) shall cause a copy of the order to be served on the trustees of the scheme.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F50<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 159(a), S.I. No. 12 of 2016.<\/p>\n<p>F51<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (\/2015), s. 159(b), S.I. No. 12 of 2016.<\/p>\n<h4>Rules respecting payments under schemes.<\/h4>\n<p>123.\u2014 (1) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines\u2014<\/p>\n<p>(a) if the trustees and the civil partner so agree, in providing a benefit for or in respect of the civil partner that is of the same actuarial value as the transfer amount, or<\/p>\n<p>(b) in making a payment, at the option of the civil partner\u2014<\/p>\n<p>(i) to another occupational pension scheme whose trustees agree to accept the payment, or<\/p>\n<p>(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.<\/p>\n<p>(2) The conditions referred to in subsection (1) are:<\/p>\n<p>(a) the court has made an order under section 121(2) in favour of the civil partner;<\/p>\n<p>(b) payment of the designated benefit has not commenced;<\/p>\n<p>(c) the civil partner has applied to the trustees in that behalf; and<\/p>\n<p>(d) the civil partner furnishes the information that the trustees require.<\/p>\n<p>(3) Subject to section 124(4), trustees of a defined contribution scheme in respect of which an order has been made under section 121(2) may, if the civil partner has not made an application under subsections (1) and (2), apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines to make a payment, at their option\u2014<\/p>\n<p>(a) to another occupational pension scheme whose trustees agree to accept the payment, or<\/p>\n<p>(b) to discharge another payment falling to be made by the trustees under any such other approved arrangement.<\/p>\n<p>(4) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of a member civil partner who dies before the payment of the designated benefit has commenced, F52[provide for the payment to the person in whose favour the order was made] of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(5) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) may, if the member civil partner ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option\u2014<\/p>\n<p>F52[(a) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or]<\/p>\n<p>(b) in making a payment, either\u2014<\/p>\n<p>(i) to another occupational pension scheme whose trustees agree to accept the payment, or<\/p>\n<p>(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.<\/p>\n<p>(6) Subject to section 124(4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies before payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(7) Subject to section 124 (4), the trustees of a scheme in respect of which an order has been made under section 121(2) shall, within 3 months of the death of the civil partner who is not the member and who dies after payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit that, but for the death of that civil partner, would have been payable to him or her during his or her lifetime.<\/p>\n<p>(8) The trustees of a scheme in respect of which an order has been made under section 121(2) or (5) shall, within 12 months of the member civil partner\u2019s ceasing to be a member, notify the registrar or clerk of the court and the other civil partner of the cessation, if the trustees have not applied the transfer amount in accordance with any of subsections (1) to (6).<\/p>\n<p>(9) The trustees of a scheme who apply a transfer amount under subsection (3) or (5) shall notify the F52[person in whose favour the order was made] and the registrar or clerk of the court, giving particulars to F52[that person] of the scheme and the transfer amount.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F52<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 160, S.I. No. 12 of 2016.<\/p>\n<h4>Payments further to orders under section 121 .<\/h4>\n<p>124.\u2014 (1) A benefit payable pursuant to an order made under section 121(2), or a contingent benefit payable pursuant to an order made under section 121(5), is payable out of the resources of the scheme and, unless the order or relevant guidelines provide otherwise, in accordance with the rules of the scheme and those guidelines.<\/p>\n<p>(2) The amount of retirement benefit payable to the member civil partner, or the amount of contingent benefit payable to or in respect of the member civil partner, in accordance with the rules of the relevant scheme shall be reduced by the designated benefit or contingent benefit payable pursuant to an order made under section 121(2) or (5), as the case may be, F53[to the other civil partner or other person concerned].<\/p>\n<p>(3) The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member civil partner who dies before the payment of the designated benefit payable pursuant to an order under section 121(2) has commenced shall be reduced by the amount of the payment made under section 123(4).<\/p>\n<p>(4) Trustees who make a payment or apply a transfer amount under any of subsections (1) to (7) of section 123 are discharged from any obligation to make further payment or apply another transfer amount under any of those subsections in respect of the benefit payable pursuant to the order made under section 121(2).<\/p>\n<p>(5) A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 122(3) rather than the rules of the scheme or the Act of 1990.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F53<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 161, S.I. No. 12 of 2016.<\/p>\n<h4>Costs.<\/h4>\n<p>125.\u2014 (1) The court may determine the manner in which the costs incurred by the trustees of a scheme further to an order under section 121 are to be borne, F54[including by the member civil partner or by the other person concerned or by both of them] in the proportions that the court may determine, and in default of a determination, the civil partners shall bear those costs equally.<\/p>\n<p>(2) The court may, on application to it by the trustees, order that an amount ordered to be F54[paid by a person] under subsection (1) that has not been paid be deducted from any benefits F54[payable to the person]\u2014<\/p>\n<p>F54[(a) pursuant to an order made under section 121, if the person is the beneficiary of the order; and]<\/p>\n<p>F54[(b) pursuant to the scheme, if the person is the member civil partner.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F54<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 162, S.I. No. 12 of 2016.<\/p>\n<h4>Other provisions for orders under section 121 .<\/h4>\n<p>126.\u2014 (1) Section 54 of the Act of 1990 and regulations made under that section apply with any necessary modifications to a scheme if proceedings for the grant of a decree of dissolution to which a member civil partner is a party have been instituted, and continue to apply notwithstanding the grant of the decree of dissolution.<\/p>\n<p>(2) For the purposes of this section and sections 121 to 125 , the court may, of its own motion, and shall, if so requested by either of the civil partners or another concerned person, direct the trustees of the scheme to provide the civil partners or the other person and the court, within a specified period\u2014<\/p>\n<p>(a) with a calculation of the value and amount, determined in accordance with relevant guidelines, of the retirement benefit or contingent benefit that is payable or that, but for the making of the order for the decree of dissolution, would have been payable under the scheme and has accrued at the time of making the order, and<\/p>\n<p>(b) with a calculation of the amount of the contingent benefit that is payable or that, but for the making of the order for the decree of dissolution concerned, would have been payable, under the scheme.<\/p>\n<h4>Applications for provision from estate of deceased civil partner.<\/h4>\n<p>127.\u2014 (1) A civil partner may, after the death of his or her civil partner but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that civil partner\u2019s estate, apply for an order under this section for provision out of the estate.<\/p>\n<p>(2) The court may by order make the provision for the applicant that the court considers appropriate having regard to the rights of any other person having an interest in the matter, if the court is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased for any reason other than conduct by the applicant that, in the opinion of the court, it would in all the circumstances be unjust to disregard.<\/p>\n<p>(3) The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership, or has married, since the granting of the decree of dissolution.<\/p>\n<p>(4) In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case, including\u2014<\/p>\n<p>(a) any order made under section 117(1)(c) or a property adjustment order made under section 118 in favour of the applicant, and<\/p>\n<p>(b) any devise or bequest made by the deceased in favour of the applicant.<\/p>\n<p>(5) The total value for the applicant of the provision made by an order referred to in subsection (4)(a) on the date on which that order was made and an order made under this section shall not exceed any share of the applicant in the estate of the deceased civil partner to which the applicant was entitled or, if the deceased civil partner died intestate as to the whole or part of his or her estate, would have been entitled, if the civil partnership had not been dissolved, under the Succession Act 1965 as amended by Part 8.<\/p>\n<p>(6) The applicant shall give notice of an application under this section to any spouse or other civil partner of the deceased and to any other persons that the court may direct and, in deciding whether to make the order and in determining the provisions of the order, the court shall have regard to any representations made by any of those persons.<\/p>\n<p>(7) The personal representative of a deceased civil partner in respect of whom a decree of dissolution has been granted shall make a reasonable attempt to ensure that notice of the death is brought to the attention of the other civil partner concerned and, where an application is made under this section, that personal representative shall not, without leave of the court, distribute any of the estate of the deceased civil partner until the court makes or refuses to make an order under this section.<\/p>\n<p>(8) A civil partner shall notify the personal representative of the deceased civil partner not later than one month after receipt of the notice referred to in subsection (7) if the other civil partner\u2014<\/p>\n<p>(a) intends to apply for an order under this section,<\/p>\n<p>(b) has applied for an order under this section and the application is pending, or<\/p>\n<p>(c) has successfully obtained an order under this section.<\/p>\n<p>(9) If the civil partner does not notify the personal representative as required by subsection (8), the personal representative may distribute the assets of the deceased civil partner or any part of them amongst the persons entitled to them and is not liable to the civil partner for that distribution.<\/p>\n<p>(10) Nothing in this section prejudices the rights of the civil partner to follow assets into the hands of a person who has received them.<\/p>\n<p>(11) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners, may make an order that either or both of the civil partners may not, on the death of either of them, apply for an order under this section, if the court considers it just to do so.<\/p>\n<p>(12) In this section, \u201ccivil partner\u201d means a civil partner whose civil partnership has been dissolved.<\/p>\n<h4>Orders for sale of property.<\/h4>\n<p>128.\u2014 (1) The court may make an order directing the sale of property specified in the order if\u2014<\/p>\n<p>(a) the property is property in which, or in the proceeds of sale of which, either or both of the civil partners has a beneficial interest, either in possession or reversion, and<\/p>\n<p>(b) the court makes or has made a secured periodical payments order, a lump sum order or a property adjustment order.<\/p>\n<p>(2) The court shall not exercise its jurisdiction under subsection (1) in a way that would affect a civil partner\u2019s right to occupy the shared home by virtue of an order under this Act.<\/p>\n<p>(3) An order under subsection (1) may contain the consequential and supplementary provisions that the court considers appropriate, including provisions\u2014<\/p>\n<p>(a) specifying the manner of sale and some or all of the conditions applying to the sale of the property,<\/p>\n<p>(b) requiring the property to be offered for sale to a person or class of persons specified in the order,<\/p>\n<p>(c) directing that the order, or a specified part of it, not take effect until the occurrence of a specified event or the expiration of a specified period,<\/p>\n<p>(d) requiring the making of a payment or payments, whether periodically or in a lump sum, to a specified person out of the proceeds of the sale of the property, and<\/p>\n<p>(e) specifying the manner in which the proceeds of the sale of the property are to be disposed of between the civil partners and other persons.<\/p>\n<p>(4) A provision in an order under subsection (1) requiring the making of periodical payments to one of the civil partners out of the proceeds of the sale ceases to have effect on the registration in a new civil partnership, marriage or death of that civil partner, except as respects payments due under it on the date of the registration, marriage or death.<\/p>\n<p>(5) The court shall, in considering whether to make an order under this section or section 118 or 119 with respect to a property in which a civil partner has a beneficial interest or in the proceeds of sale of which the civil partner has a beneficial interest, give to a person who also has a beneficial interest in the property or proceeds an opportunity to make representations with respect to the making and contents of the order.<\/p>\n<p>(6) The representations made under subsection (5) are deemed to be included in section 129 as matters to which the court is required to have regard in proceedings under a provision referred to in that section.<\/p>\n<p>(7) This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.<\/p>\n<h4>Provisions relating to certain orders.<\/h4>\n<p>129.\u2014 (1) In deciding whether to make an order under section 116, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131, and in determining the provisions of the order, the court shall ensure that the provision that the court considers proper having regard to the circumstances exists or will be made F55[for the civil partners and any dependent child of the civil partners concerned].<\/p>\n<p>(2) In deciding whether to make an order referred to in subsection (1) and in determining the provisions of the order, the court shall, in particular, have regard to the following matters:<\/p>\n<p>(a) the income, earning capacity, property and other financial resources that each of the civil partners has or is likely to have in the foreseeable future;<\/p>\n<p>(b) the financial needs, obligations and responsibilities that each of the civil partners has or is likely to have in the foreseeable future, whether in the case of the registration of a new civil partnership or marriage or otherwise;<\/p>\n<p>F55[(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;]<\/p>\n<p>(d) the age of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;<\/p>\n<p>(e) any physical or mental disability of either of the civil partners;<\/p>\n<p>F55[(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;]<\/p>\n<p>(g) the effect on the earning capacity of each of the civil partners of the civil partnership responsibilities assumed by each during the period when they lived with one another after the registration of their civil partnership and the degree to which the future earning capacity of a civil partner is impaired by reason of that civil partner having relinquished or foregone the opportunity of remunerative activity in order to look after F55[the shared home or to care for the other civil partner or any dependent child of the civil partners];<\/p>\n<p>(h) any income or benefits to which either of the civil partners is entitled by or under statute;<\/p>\n<p>(i) the conduct of each of the civil partners, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard;<\/p>\n<p>(j) the accommodation needs of both of the civil partners;<\/p>\n<p>(k) the value to each of the civil partners of any benefit (for example, a benefit under a pension scheme) which, by reason of the decree of dissolution, a civil partner will forfeit the opportunity or possibility of acquiring; and<\/p>\n<p>(l) the rights of any person other than the civil partners but including a person with whom either civil partner is registered in a new civil partnership or to whom the civil partner is married, or any child to whom either of the civil partners owes an obligation of support.<\/p>\n<p>(3) In deciding whether to make an order under a provision referred to in subsection (1) and in determining the provisions of the order, the court shall have regard to the terms of any separation agreement that the parties have entered into and that is still in force.<\/p>\n<p>F56[(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:<\/p>\n<p>(a) the financial needs of the child;<\/p>\n<p>(b) the income, earning capacity (if any), property and other financial resources of the child;<\/p>\n<p>(c) any physical or mental disability of the child;<\/p>\n<p>(d) any income or benefits to which the child is entitled by or under statute;<\/p>\n<p>(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;<\/p>\n<p>(f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and subsection (3);<\/p>\n<p>(g) the accommodation needs of the dependent child.]<\/p>\n<p>(4) The court shall not make an order under a provision referred to in subsection (1) unless it would be in the interests of justice to do so.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 163(a), (b), S.I. No. 12 of 2016.<\/p>\n<p>F56<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 163(c), S.I. No. 12 of 2016.<\/p>\n<h4>Retrospective periodical payment orders.<\/h4>\n<p>130.\u2014 The court may, if, having regard to all the circumstances of the case, it considers it appropriate to do so, in a periodical payments order, direct that\u2014<\/p>\n<p>(a) the period in respect of which payments under the order are to be made begins on a specified date that is before the date of the order but after the date of the institution of the proceedings for the grant of the decree of dissolution,<\/p>\n<p>(b) without prejudice to section 117(1)(c), any payments under the order in respect of the period before the date of the order be paid in one sum and before a specified date, and<\/p>\n<p>(c) the civil partner making the payments referred to in paragraph (b) deduct a specified amount equal to any payment made by that civil partner to the other civil partner during the period between the making of the order for the grant of the decree of dissolution and the institution of the proceedings.<\/p>\n<h4>Variations etc., of certain orders.<\/h4>\n<p>131.\u2014 (1) This section applies to the following orders:<\/p>\n<p>(a) a maintenance pending suit order;<\/p>\n<p>(b) a periodical payments order;<\/p>\n<p>(c) a secured periodical payments order;<\/p>\n<p>(d) a lump sum order if and insofar as it provides for the payment of the lump sum by instalments or requires the payment of instalments to be secured;<\/p>\n<p>(e) an order under section 118(1)(b), (c) or (d) to the extent that the application of this section is not restricted or excluded pursuant to section 118(2);<\/p>\n<p>(f) an order under section 119(1)(a) or (b);<\/p>\n<p>(g) a financial compensation order;<\/p>\n<p>(h) an order under section 121 (2), to the extent that the application of this section is not restricted or excluded pursuant to section 121 (8); and<\/p>\n<p>(i) an order under this section.<\/p>\n<p>(2) Any of the following persons may apply under this section with respect to an order referred to in subsection (1):<\/p>\n<p>(a) either of the civil partners concerned;<\/p>\n<p>(b) in the case of the death of a civil partner, another person who has, in the opinion of the court, sufficient interest F57[in the matter or a person on behalf of a dependent child of the civil partners concerned]; and<\/p>\n<p>(c) in the case of the registration of a new civil partnership or the marriage of either of the civil partners, his or her new civil partner or spouse.<\/p>\n<p>(3) Subject to this section and section 129 and to any restriction or exclusion pursuant to section 118(2) or 121(8), and without prejudice to section 120(6), the court may, on application under subsection (2) and if it considers it proper to do so, having regard to any change in the circumstances of the case and to any new evidence, by order\u2014<\/p>\n<p>(a) vary or discharge the order,<\/p>\n<p>(b) suspend any provision of the order,<\/p>\n<p>(c) suspend temporarily any provision of the order,<\/p>\n<p>(d) revive the operation of a suspended provision,<\/p>\n<p>(e) further vary an order previously varied under this section, and<\/p>\n<p>(f) further suspend or revive the operation of a provision previously suspended or revived under this section.<\/p>\n<p>(4) An order under this section may require the divesting of property vested in a person under an order referred to in subsection (1).<\/p>\n<p>F58[(4A) Without prejudice to the generality of section 116 or 117, that part of an order to which this section applies which provides for the making of payments for the support of a dependent child of the civil partners shall stand discharged if he or she ceases to be a dependent child of the civil partners by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the child has for any reason ceased to be a dependent child of the civil partners.]<\/p>\n<p>(5) The court\u2019s power under subsection (3) to vary, discharge or suspend an order referred to in subsection (1)(e) is subject to any restriction or exclusion specified in that order and is a power\u2014<\/p>\n<p>(a) to vary the settlement to which that order relates in any person\u2019s favour or to extinguish or reduce any person\u2019s interest under that settlement; and<\/p>\n<p>(b) to make the supplemental provision, including a further property adjustment order or a lump sum order, that the court thinks appropriate in consequence of any variation, extinguishment or reduction made under paragraph (a).<\/p>\n<p>(6) Section 128 applies, with the necessary modifications, to a case where the court makes an order under subsection (5) as it applies to a case where the court makes a property adjustment order.<\/p>\n<p>(7) The court shall not make an order under subsection (5) if it appears to the court that the order could prejudice the rights of a person who is not a F57[civil partner concerned or a dependent child of the civil partners concerned] and has acquired a right or interest in consequence of the order referred to in subsection (1)(e).<\/p>\n<p>(8) This section applies, with any necessary modifications, to instruments executed pursuant to orders referred to in subsection (1) as it applies to those orders.<\/p>\n<p>(9) The registrar or clerk of the court shall, as appropriate, lodge a copy of an order made under subsection (3) in relation to a property adjustment order relating to land, which he or she has certified to be a true copy, with the Property Registration Authority for registration in the Registry of Deeds or Land Registry, as appropriate.<\/p>\n<p>(10) Where a property adjustment order lodged under section 118(4) and duly registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 is varied, discharged, suspended or revived by an order under subsection (3) and the second-mentioned order has been duly lodged for registration pursuant to subsection (9), the Property Registration Authority shall\u2014<\/p>\n<p>(a) amend or cancel accordingly the entry made in the register, pursuant to section 118(4), under the Registration of Title Act 1964, or<\/p>\n<p>(b) note the position in the Registry of Deeds.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 164(a) and (c), S.I. No. 12 of 2016.<\/p>\n<p>F58<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 164(b), S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nForm prescribed for application for cancellation of a Property Adjustment Order pursuant to section (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rl. 103, in effect as per rl. 1.<\/p>\n<h4>Restriction in relation to orders for benefit of dependent children of civil partners<\/h4>\n<p>F59[131A.\u2014 The court shall not have regard to the conduct of the civil partner or civil partners concerned of the kind specified in section 129(2)(i) in deciding whether\u2014<\/p>\n<p>(a) to include in an order under section 116 a provision requiring the making of periodical payments for the benefit of a dependent child of the civil partners,<\/p>\n<p>(b) to make an order under paragraph (aa), (ba) or (ca) of section 117(1), or<\/p>\n<p>(c) to make an order under section 131 varying, discharging or suspending a provision referred to in paragraph (a) or an order referred to in paragraph (b).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F59<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 165, S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<h4>Method of making payments under certain orders.<\/h4>\n<p>132.\u2014 (1) This section applies to an order under section 45, 47, 116, 117, 128 or 131.<\/p>\n<p>(2) The court may by order provide that a payment under an order referred to in subsection (1) be made by the method specified in the order and be subject to the specified terms and conditions that the court considers appropriate.<\/p>\n<p>Stay on certain orders being appealed.<\/p>\n<p>133.\u2014 The operation of an order being appealed shall not be stayed unless the court that made the order or to which the appeal is brought directs otherwise, in the case of an appeal brought from an order under section 45, 47, 116, F60[117(1)(a), (aa), (b) or (ba)] or 131(1)(a), (b) or (c).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F60<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 166, S.I. No. 12 of 2016.<\/p>\n<h4>Transmission of periodical payments through District Court clerk.<\/h4>\n<p>134.\u2014 Notwithstanding anything in this Part, section 50 applies in relation to a maintenance pending suit order, a periodical payments order or a secured periodical payments order, or one of those orders affected by an order under section 131, with all necessary modifications, including\u2014<\/p>\n<p>(a) the reference in section 50(4) to the maintenance creditor shall be construed as a reference to the person to whom payments under the relevant order are required to be made;<\/p>\n<p>(b) the other references in section 50 to the maintenance creditor shall be construed as references to the person on whose application the relevant order was made; and<\/p>\n<p>(c) the references in section 50(3) to the maintenance debtor shall be construed as a reference to the person by whom payments under the relevant order are required to be made.<\/p>\n<h4>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/h4>\n<p>135.\u2014 (1) The reference in section 98(1)(h) of the Defence Act 1954 to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, periodical payments order or secured periodical payments order made under this Act.<\/p>\n<p>(2) The references in section 99 of the Defence Act 1954 to a wife shall be construed as including a reference to a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.<\/p>\n<h4>Amendment of Enforcement of Court Orders Act 1940.<\/h4>\n<p>136.\u2014 The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act 1940 to an order shall be construed as including references to a maintenance order, a variation order, a maintenance pending suit order and a periodical payments order made under this Act.<\/p>\n<h4>Powers of court in relation to transactions intended to prevent or reduce relief.<\/h4>\n<p>137.\u2014 (1) In this section\u2014<\/p>\n<p>\u201cdisposition\u201d means a disposition of property, other than a disposition by will or codicil;<\/p>\n<p>\u201crelief\u201d 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\u2014<\/p>\n<p>F61[(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,]<\/p>\n<p>(b) limiting the relief granted, or<\/p>\n<p>(c) frustrating or impeding the enforcement of an order granting relief;<\/p>\n<p>\u201creviewable disposition\u201d, 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.<\/p>\n<p>(2) The court, on application made by a person who makes it during the proceedings instituted for the grant of relief, may\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>make an order setting aside the disposition.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2019s claim for relief if\u2014<\/p>\n<p>(a) in a case referred to in subsection (2)(a), the disposition or other dealing would, apart from this section, have that consequence, or<\/p>\n<p>(b) in any other case, the disposition has had that consequence.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F61<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 167, S.I. No. 12 of 2016.<\/p>\n<h4>Cost of mediation and counselling services.<\/h4>\n<p>138.\u2014 The costs of mediation services or counselling services provided for a civil partner who is or becomes party to proceedings F62[under this Part or under the Act of 1964, or for a dependent child of the civil partners of such a civil partner] are in the discretion of the court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 168, S.I. No. 12 of 2016.<\/p>\n<h4>Other Consequential Amendments, Etc.<\/h4>\n<h4>Application and amendment of Pensions Act 1990.<\/h4>\n<p>148.\u2014 (1) Section 5(4) of the Pensions Act 1990 (as amended by the Pensions (Amendment) Act 1996 and the Family Law (Divorce) Act 1996) applies and has effect in relation to sections 121 to 126 and sections 187 to 192 as it applies and has effect by virtue of section 47 of the Family Law (Divorce) Act 1996 in relation to section 17 of that Act, with the following modifications:<\/p>\n<p>(a) a reference to section 12 of the Family Law Act 1995 or section 17 of the Family Law (Divorce) Act 1996 is to be construed as a reference to sections 121 to 126 and sections 187 to 192;<\/p>\n<p>(b) the reference in paragraph (c) to the Family Law Act 1995 or the Family Law (Divorce) Act 1996 is to be construed as a reference to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>(c) the references to subsections (1), (2), (3), (5), (6), (7), (8), (10) and (25) of section 12 of the Family Law Act 1995 and section 17 of the Family Law (Divorce) Act 1996 are to be construed as references to sections 121(1), (2) and (5), 123(1), (2), (3), (4), (5) and (7) and 126(2), or sections 187(1), (2) and (5), 189(1), (2), (3), (4), (5) and (7) and 192, as the case may be, of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, respectively; and<\/p>\n<p>(d) the reference to section 2 of the Family Law Act 1995 or the Family Law (Divorce) Act 1996 is to be construed as a reference to section 109 or 187.<\/p>\n<p>(2) Subsection 10(1)(cc) (as amended by section 5 of the Pensions (Amendment) Act 1996 and section 47(c) of the Family Law (Divorce) Act 1996) of the Pensions Act 1990, is amended by substituting \u201cand on the provisions of the Family Law Act 1995, the Family Law (Divorce) Act 1996 and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, relating to pension schemes (within the meaning of section 2 of the Family Law Act 1995, section 2 of the Family Law (Divorce) Act 1996 and section 109 and 187 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)\u201d for \u201cand on the provisions of the Family Law Act 1995, and the Family Law (Divorce) Act 1996, relating to pension schemes (within the meaning of section 2 of the Family Law Act 1995 and section 2 of the Family Law (Divorce) Act 1996)\u201d.<\/p>\n<p>Definition.<\/p>\n<p>149.\u2014 In this section and sections 150 to 157, \u201cAct of 1996\u201d means the Family Law (Divorce) Act 1996.<\/p>\n<h4>Amendment of Family Law (Divorce) Act 1996.<\/h4>\n<p>Amendment of section 2 of Act of 1996.<\/p>\n<p>150.\u2014 Section 2(1) of the Act of 1996 is amended by inserting the following definitions:<\/p>\n<p>\u201c\u2018civil partnership\u2019 has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u2018registration\u2019, with respect to a civil partnership, includes entering into a relationship of a class of legal relationships that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d.<\/p>\n<h4>Amendment of section 13 of Act of 1996.<\/h4>\n<p>151.\u2014 Section 13(5) of the Act of 1996 is amended\u2014<\/p>\n<p>(a) in paragraph (a)\u2014<\/p>\n<p>(i) by inserting \u201cor registration in a civil partnership\u201d, after \u201cupon the remarriage\u201d, and<\/p>\n<p>(ii) by inserting \u201cor civil partnership registration\u201d after \u201cdate of the remarriage\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in paragraph (b) by inserting \u201cor registers in a civil partnership\u201d after \u201cremarries\u201d.<\/p>\n<p>Amendment of section 14 of Act of 1996.<\/p>\n<p>152.\u2014 Section 14(3) of the Act of 1996 is amended by inserting \u201cor registers in a civil partnership\u201d after \u201cremarries\u201d.<\/p>\n<p>Amendment of section 16 of Act of 1996.<\/p>\n<p>153.\u2014 Section 16(2) of the Act of 1996 is amended\u2014<\/p>\n<p>(a) in paragraph (b), by inserting \u201c, registration in a civil partnership\u201d before \u201cor death\u201d, and<\/p>\n<p>(b) in paragraph (c), by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>Amendment of section 17 of Act of 1996.<\/p>\n<p>154.\u2014 Section 17 of the Act of 1996 is amended\u2014<\/p>\n<p>(a) in subsection (19) by inserting \u201cor registration in a civil partnership\u201d after \u201cremarriage\u201d, and<\/p>\n<p>(b) in subsection (23)(a) by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>Amendment of section 18 of Act of 1996.<\/p>\n<p>155.\u2014 Section 18 of the Act of 1996 is amended\u2014<\/p>\n<p>(a) in subsection (2) by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d, and<\/p>\n<p>(b) in subsection (5) by inserting \u201c, civil partner or former civil partner\u201d after \u201cthe spouse\u201d wherever it appears.<\/p>\n<p>Amendment of section 19 of Act of 1996.<\/p>\n<p>156.\u2014 Section 19(4) of the Act of 1996 is amended\u2014<\/p>\n<p>(a) by inserting \u201cor registration in a civil partnership\u201d before \u201cof that spouse\u201d, and<\/p>\n<p>(b) by inserting \u201cor civil partnership registration\u201d after \u201cremarriage\u201d at the end.<\/p>\n<p>Amendment of section 20 of Act of 1996.<\/p>\n<p>157.\u2014 Section 20(2)(b) of the Act of 1996 is amended by inserting \u201cor registration in a civil partnership\u201d after \u201cremarriage\u201d.<\/p>\n<p>Definition.<\/p>\n<p>158.\u2014 In this section and sections 159 to 167, \u201cAct of 1995\u201d means the Family Law Act 1995.<\/p>\n<h4>Amendment of Family Law Act\u00a0 1995<\/h4>\n<p>Amendment of section 2 of Act of 1995.<\/p>\n<p>159.\u2014 Section 2(1) of the Act of 1995 is amended by inserting the following definitions:<\/p>\n<p>\u201c\u2018civil partnership\u2019 has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u2018registration\u2019, with respect to a civil partnership, includes entering into a relationship of a class of legal relationships that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;\u201d.<\/p>\n<p>Amendment of section 8 of Act of 1995.<\/p>\n<p>160.\u2014 Section 8(5) of the Act of 1995 is amended\u2014<\/p>\n<p>(a) in paragraph (a)\u2014<\/p>\n<p>(i) by inserting \u201cor registration in a civil partnership\u201d before \u201cof the spouse\u201d, and<\/p>\n<p>(ii) by inserting \u201cor civil partnership registration\u201d after \u201cdate of the remarriage\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in paragraph (b), by inserting \u201cor registers in a civil partnership\u201d after \u201cremarries\u201d.<\/p>\n<p>Amendment of section 9 of Act of 1995.<\/p>\n<p>161.\u2014 Section 9(3) of the Act of 1995 is amended by inserting \u201cor registers in a civil partnership\u201d after \u201cremarries\u201d.<\/p>\n<p>Amendment of section 11 of Act of 1995.<\/p>\n<p>162.\u2014 Section 11(2) of the Act of 1995 is amended\u2014<\/p>\n<p>(a) in paragraph (b) by inserting \u201c, registration in a civil partnership\u201d before \u201cor death\u201d, and<\/p>\n<p>(b) in paragraph (c) by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>Amendment of section 12 of Act of 1995.<\/p>\n<p>163.\u2014 Section 12 of the Act of 1995 is amended\u2014<\/p>\n<p>(a) in subsection (19) by inserting \u201cor registration in a civil partnership\u201d after \u201cremarriage\u201d, and<\/p>\n<p>(b) in subsection (23)(a) by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>Amendment of section 15 of Act of 1995.<\/p>\n<p>164.\u2014 Section 15(4) of the Act of 1995 is amended\u2014<\/p>\n<p>(a) by inserting \u201cor registration in a civil partnership\u201d before \u201cof that spouse\u201d, and<\/p>\n<p>(b) by inserting \u201cor civil partnership registration\u201d after \u201cremarriage\u201d in the last line.<\/p>\n<p>Amendment of section 15A of Act of 1995.<\/p>\n<p>165.\u2014 Section 15A(2) (inserted by section 52(g) of the Family Law (Divorce) Act 1996) of the Act of 1995 is amended by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>Amendment of section 23 of Act of 1995.<\/p>\n<p>166.\u2014 Section 23 of the Act of 1995 is amended\u2014<\/p>\n<p>(a) in subsection (2)(d)\u2014<\/p>\n<p>(i) by substituting \u201cWhere a person\u201d for \u201cWhere a spouse\u201d,<\/p>\n<p>(ii) by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d, and<\/p>\n<p>(iii) by substituting \u201cof that person\u201d for \u201cof that spouse\u201d wherever it appears,<\/p>\n<p>(b) in subsection (5), by inserting \u201cor registration in a civil partnership\u201d after \u201cthe remarriage\u201d, and<\/p>\n<p>(c) in subsection (6)\u2014<\/p>\n<p>(i) in paragraph (b), by inserting \u201cor registration in a civil partnership\u201d after \u201cremarriage\u201d wherever it appears, and<\/p>\n<p>(ii) in paragraph (c), by inserting \u201cor registers in a civil partnership\u201d after \u201cremarries\u201d.<\/p>\n<p>Amendment of section 25 of Act of 1995.<\/p>\n<p>167.\u2014 (1) Section 25(2) of the Act of 1995 is amended by inserting \u201cor registered in a civil partnership\u201d after \u201cremarried\u201d.<\/p>\n<p>(2) Section 25(6) of the Act of 1995 is amended\u2014<\/p>\n<p>(a) by inserting \u201c, or civil partner (if any)\u201d after \u201cspouse (if any)\u201d, and<\/p>\n<p>(b) by inserting \u201cor civil partner\u201d after \u201crepresentation made by the spouse\u201d.<\/p>\n<p>Property rights.<\/p>\n<p>168.\u2014 The Acts specified in Part 3 of the Schedule are amended as indicated in that Schedule.<\/p>\n<p>Redress provisions.<\/p>\n<p>169.\u2014 The Acts specified in Part 4 of the Schedule are amended as indicated in that Schedule.<\/p>\n<p>Other miscellaneous provisions.<\/p>\n<p>170.\u2014 The Acts specified in Part 5 of the Schedule are amended as indicated in that Schedule.<\/p>\n<h2>CIVIL REGISTRATION ACT<\/h2>\n<p>Sch. 1, Part 7<br \/>\nPART 7<\/p>\n<h4>Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity F296[of Marriage]<\/h4>\n<p>Section 59.<\/p>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forename, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of marriage.<\/p>\n<p>Declaration of court.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration.<\/p>\n<p>Forename(s) and surname of officer of Courts Service specified in section 59(2).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F296<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 25(d), S.I. 648 of 2010.<\/p>\n<p>Sch. 1, Part 7A<br \/>\nF297[PART 7A<\/p>\n<h4>Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership<\/h4>\n<p>Section 59J.<\/p>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forenames, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of civil partnership registration.<\/p>\n<p>Declaration of court.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration.<\/p>\n<p>Forenames and surname of officer of Courts Service.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F297<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 25(e), S.I. 648 of 2010.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11552\" data-postid=\"11552\" class=\"themify_builder_content themify_builder_content-11552 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Annulment A civil partnership can be annulled if it is shown to be invalid. The application can be made by either partner or by another person who has an interest, e.g., a child after the death of the other. A civil partnership may be potentially annulled on the following grounds: either or both who are [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[102],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11552"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11552"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11552\/revisions"}],"predecessor-version":[{"id":35631,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11552\/revisions\/35631"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11552"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11552"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11552"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}