Paragraph 38

England and Wales

F1(1)

On an application for a dissolution, nullity or separation order, the court may make an order requiring either civil partner to make to the other for the other’s maintenance such periodical payments for such term—

(a)

beginning no earlier than the date on which the application was made, and

(b)

ending with the date on which the proceedings are determined,

as the court thinks reasonable.

F2(2)

An order under this paragraph may not require one civil partner to pay to the other any amount in respect of legal services for the purposes of the proceedings.

(3)

In sub-paragraph (2) “legal services” has the same meaning as in paragraph 38A.

Annotations

Textual amendments

F1: Sch. 5 para. 38 renumbered as Sch. 5 para. 38(1) (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 52(4)(a), 151(1); S.I. 2013/773, art. 2
F2: Sch. 5 para. 38(2)(3) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 52(4)(b), 151(1); S.I. 2013/773, art. 2

Notes on Schedule 5

Textual amendments

F1: Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Notes on Part 8

Textual amendments

F1: Words in Sch. 5 Pt. 8 heading inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 52(2), 151(1); S.I. 2013/773, art. 2

Notes on Maintenance orders

Textual amendments

F1: Sch. 5 para. 38 cross-heading inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 52(3), 151(1); S.I. 2013/773, art. 2