HL Deb 17 May 2004 vol 661 cc319-20GC

16 (1) Sub-paragraph (3) applies where—

  1. (a) an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to—
    1. (i) a disposition which took place less than 3 years before the date of the application, or
    2. (ii) a disposition or other dealing with property which is about to take place, and
  2. (b) the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(2) Sub-paragraph (3) also applies where—

  1. (a) an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and
  2. (b) the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

(3) It shall be presumed, unless the contrary is shown, that the person who—

  1. (a) disposed of, or
  2. (b) is about to dispose of or deal with the property,
did so, or (as the case may be) is about to do so, with the intention of defeating the applicant's claim.

(4) A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).

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