HL Deb 17 May 2004 vol 661 cc315-6GC

10 (1) The court, in deciding—

  1. (a) whether to exercise its powers under paragraph 9, and
  2. (b) if so, in what way,
must act in accordance with this paragraph.

(2) The court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.

(3) The court, in exercising its powers under paragraph 9 in relation to one of the civil partners—

  1. (a) must in particular have regard to the matters mentioned in paragraph 16(2) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), and
  2. (b) shall be under duties corresponding to those imposed by sub-paragraphs (2) and (3) of paragraph 18 of that Schedule (duties to consider termination of financial obligations) where it decides to exercise under paragraph 9 powers corresponding to the powers referred to in those sub-paragraphs.

(4) The matters to which the court is to have regard under subparagraph (3)(a)—

  1. (a) so far as relating to paragraph 16(2)(a) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (regard to be had to financial resources), include any benefits under a pension arrangement which either of the civil partners has or is likely to have (whether or not in the foreseeable future), and
  2. (b) so far as relating to paragraph 16(2)(h) of that Schedule (regard to be had to benefits that cease to be acquirable), include any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring.

(5) The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 17(2) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland).

(6) The court, in exercising its powers under paragraph 9 against a civil partner ("A") in favour of a child of the family who is not A's child, must also have regard to the matters mentioned in paragraph 17(3) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland).

(7) Where an order has been made by a court outside Northern Ireland for—

  1. (a) the making of payments, or
  2. (b) the transfer of property,
by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with.

(8) In this paragraph—

  1. (a) "pension arrangement" has the same meaning as in Part 3 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), and
  2. (b) references to benefit under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.