Regulation 9 “Maintenance order”, “spouse” and “civil partner”
United Kingdom
Subject to paragraph (2), in regulations 7 and 8 “maintenance order” means an order requiring a relevant person to make a payment for or in respect of—
the maintenance of his spouse or civil partner;
the maintenance of any child of his, his spouse or his civil partner;
the maintenance of any other child who has been treated by him and his spouse, or by him and his civil partner, as a child of their family;
any costs incurred in obtaining an order within sub-paragraph (a), (b) or (c); or
any costs incurred in proceedings on appeal against, or for the variation, revocation or revival of an order within sub-paragraph (a), (b) or (c).
For the purposes of regulation 8, “order” in paragraph (1) includes an authentic instrument or court settlement as referred to in—
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and the expression “maintenance order” is to be read accordingly.
For the purposes of regulation 8, a reference to a maintenance order is to include a reference to a maintenance arrangement which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of the 2007 Hague Convention.
References in paragraph (1) to the spouse of a relevant person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a marriage, references to the person who would have been his spouse if the marriage had subsisted.
References in paragraph (1) to the civil partner of a relevant person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to the person who would have been his civil partner if the civil partnership had subsisted.
Annotations
Textual amendments
- F1
Reg. 9(2)(a)(b) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 78(4) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Reg. 9(2)(c) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 36(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Reg. 9(2A) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 9(4)