§ 17 (1) If it appears to the court, on application by one of the persons ("A") who formed a civil partnership—
- (a) that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,
- (b) that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually residence in Northern Ireland for the period of one year, and
- (c) that the other civil partner ("B") is, with the intention of defeating A's claim, about to—
- (i) make any disposition, or
- (ii) transfer out of the jurisdiction, or otherwise deal with, any property,
§ (2) Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.
§ (3) Sub-paragraph (4) applies where—
- (a) an application is made under sub-paragraph (1) with respect to—
- (i) a disposition which took place less than 3 years before the date of the application, or
- (ii) a disposition or other dealing with property which is about to take place, and
- (b) the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.
§ (4) It shall be presumed, unless the contrary is shown, that the person who—
- (a) disposed of, or
- (b) is about to dispose of or deal with the property,
§ (5) A reference in this paragraph to defeating a person's claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.