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Section 15B Restriction imposed in proceedings under Schedule 7 to the Civil Partnership Act 2004 on application under this ActF1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • s. 25 (defns. of "former wife" and "former husband") amended (prosp.) by Family Law Act 1996 s. 66(1) Sch. 8 Pt. 1 para. 27(8)
(1)

On making an order under paragraph 9 of Schedule 7 to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and pension-sharing following overseas dissolution etc. of civil partnership) the court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act.

(2)

In subsection (1) above “ the court ” means the High Court or F2the family court .

(3)

Where an order under subsection (1) above has been made with respect to one of the civil partners in a case where a civil partnership has been dissolved or annulled, then, on the death of the other civil partner, the court shall not entertain an application under section 2 of this Act made by the surviving civil partner.

(4)

Where an order under subsection (1) above has been made with respect to one of the civil partners in a case where civil partners have been legally separated, then, if the other civil partner dies while the legal separation is in force, the court shall not entertain an application under section 2 of this Act made by the surviving civil partner.

Annotations

Textual amendments

F1

S. 15B inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 22; S.I. 2005/3175, art. 2(1), Sch. 1

F2

Words in s. 15B(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 36(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)