Part 12 Arrears and Repayments
Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 12 Arrears and Repayments

Payment of certain arrears unenforceable without the leave of the court

63

(1)     This paragraph applies if any arrears are due under—

(a)     an order under Part 1 (financial provision on dissolution etc),

(b)     an order under Part 8 (maintenance pending outcome of dissolution, nullity or separation proceedings), or

(c)     an order under Part 9 (failure to maintain),

and the arrears became due more than 12 months before proceedings to enforce the payment of them are begun.

(2)     A person is not entitled to enforce through the High Court or [the family court] the payment of the arrears without the leave of that court.

(3)     The court hearing an application for the grant of leave under this paragraph may—

(a)     refuse leave,

(b)     grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or

(c)     remit the payment of the arrears or of any part of them.

(4)     An application for the grant of leave under this paragraph must be made in such manner as may be prescribed by rules of court.

Orders

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