HL Deb 17 May 2004 vol 661 cc271-2GC

3 (1) An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining—

  1. (a) himself or herself, or
  2. (b) a child of the family,
before making an application for an order under this Part in his or her favour. (2) An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met. (3) An order under this Part for the payment of a lump sum may—
  1. (a) provide for its payment by instalments of such amount as may be specified, and
  2. (b) require the payment of the instalments to be secured to the satisfaction of the court.
 (4) Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (1).

(5) If the court—

  1. (a) makes an order under this Part for the payment of a lump sum, and
  2. (b) directs that—
    1. (i) payment of the sum or any part of it is to be deferred, or
    2. (ii) the sum or any part of it is to be paid by instalments, it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due

(6) A date specified under sub-paragraph (5) must not be earlier than the date of the order. (7) "Specified" means specified in the order.