HL Deb 17 May 2004 vol 661 cc291-2GC

56 (1) If a court decides to make an order under paragraph 54 altering an agreement—

  1. (a) by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the other party, or
  2. (b) by increasing the rate of the periodical payments which the agreement provides shall be made by one of the parties for the maintenance of the other,
it may specify such term as it thinks fit as the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the altered agreement, except that the term must not extend beyond the limits in sub-paragraphs (2) and (3).

(2) The limits if the payments are not to be secured are—

  1. (a) the death of either of the parties to the agreement, or
  2. (b) the formation of a subsequent civil partnership or marriage by the party to whom the payments are to be made.

(3) The limits if the payments are to be secured are—

  1. (a) the death of the party to whom the payments are to be made, or
  2. (b) the formation of a subsequent civil partnership or marriage by that party.

(4) Sub-paragraph (5) applies if a court decides to make an order under paragraph 54 altering an agreement by—

  1. (a) inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family, or
  2. (b) increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child.

(5) The court, in deciding the term for which under the agreement as altered by the order the payments, or the additional payments attributable to the increase, are to be made or secured for the benefit of the child, must apply paragraph 36(2) to (5) (age limits) as if the order in question were a periodical payments or secured periodical payments order in favour of the child.

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