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Regulation 9 “Maintenance order”, “spouse” and “civil partner”

United Kingdom

(1)

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—

(a)

the maintenance of his spouse or civil partner;

(b)

the maintenance of any child of his, his spouse or his civil partner;

(c)

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;

(d)

any costs incurred in obtaining an order within sub-paragraph (a), (b) or (c); or

(e)

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).

(2)

For the purposes of regulation 8, “order” in paragraph (1) includes an authentic instrument or court settlement as referred to in—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the expression “maintenance order” is to be read accordingly.

F3(2A)

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.

(3)

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.

(4)

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)