Part 4 Matters to which Court is to have Regard under Parts 1 to 3
Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 4 Matters to which Court is to have Regard under Parts 1 to 3

General

15

The court in deciding—

(a)     whether to exercise its powers under—

(i)     Part 1 (financial provision on dissolution etc),

(ii)     Part 2 (property adjustment orders), or

(iii)     any provision of Part 3 (pension sharing orders) other than paragraph 12 (apportionment of charges), and

(b)     if so, in what way,

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.

Particular matters to be taken into account when exercising powers in relation to civil partners

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(1)     This paragraph applies to the exercise by the court in relation to a civil partner of its powers under—

(a)     Part 1 (financial provision on dissolution etc) by virtue of paragraph 2(1)(a), (b) or (c),

(b)     Part 2 (property adjustment orders), or

(c)     Part 3 (pension sharing orders).

(2)     The court must in particular have regard to—

(a)     the income, earning capacity, property and other financial resources which each civil partner—

(i)     has, or

(ii)     is likely to have in the foreseeable

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