HL Deb 17 May 2004 vol 661 c313GC

5 (1) Where—

  1. (a) leave is granted under paragraph 4, and
  2. (b) it appears to the court that the civil partner who applied for leave, or any child of the family, is in immediate need of financial assistance,
the court may, subject to sub-paragraph (4), make an interim order for maintenance.

(2) An interim order for maintenance is one requiring the other civil partner to make—

  1. (a) to the applicant, or
  2. (b) to the child,
such periodical payments as the court thinks reasonable for such term as the court thinks reasonable.

(3) The term must be one—

  1. (a) beginning not earlier than the date of the grant of leave, and
  2. (b) ending with the date of the determination of the application made under the leave.

(4) If it appears to the court that the court will, in the event of an application being made under the leave, have jurisdiction to entertain the application only under paragraph 7(4), the court shall not make an interim order under this paragraph.

(5) An interim order under this paragraph may be made subject to such conditions as the court thinks fit.