HL Deb 17 May 2004 vol 661 cc290-1GC

54 (1) Either party to a maintenance agreement may apply to the court or, subject to sub-paragraph (6), to a court of summary jurisdiction for an order under this paragraph if—

  1. (a) the maintenance agreement is for the time being subsisting, and
  2. (b) each of the parties to the agreement is for the time being domiciled or resident in Northern Ireland.

(2) The court may make an order under this paragraph if it is satisfied that—

  1. (a) because of a change in the circumstances in the light of which—
    1. (i) any financial arrangements contained in the agreement were made, or
    2. (ii) financial arrangements were omitted from it, the agreement should be altered so as to make different financial arrangements or so as to contain financial arrangements, or
  2. (b) that the agreement does not contain proper financial arrangements with respect to any child of the family.

(3) In sub-paragraph (2)(a) the reference to a change in the circumstances includes a change foreseen by the parties when making the agreement.

(4) An order under this paragraph may make such alterations in the agreement—

  1. (a) by varying or revoking any financial arrangements contained in it, or
  2. (b) by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a child of the family,
as appear to the court to be just having regard to all the circumstances, including, if relevant, the matters mentioned in paragraph 17(3).

(5) The effect of the order is that the agreement is to be treated as if any alteration made by the order had been made by agreement between the partners and for valuable consideration.

(6) The power to make an order under this paragraph is subject to paragraphs 55 and 56.