Paragraph 63

Northern Ireland

(1)

A court of summary jurisdiction must not entertain an application under paragraph 62(1) unless—

(a)

both the parties to the agreement are resident in Northern Ireland, F1...

(b)

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

(2)

A court of summary jurisdiction must not make any order on such an application other than—

(a)

if the agreement includes no provision for periodical payments by either of the parties, an order inserting provision for the making by one of the parties of periodical payments for the maintenance of—

(i)

the other party, or

(ii)

any child of the family;

(b)

if the agreement includes provision for the making by one of the parties of periodical payments, an order increasing or reducing the rate of, or terminating, any of those payments.

Annotations

Textual amendments

F1: Sch. 15 para. 63(1)(b) and word repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(4), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Notes on Schedule 15

Modifications

C1: Sch. 15: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)