Part 9 Failure to Maintain: Financial Provision (and Interim Orders)
Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 9 Failure to Maintain: Financial Provision (and Interim Orders)

Circumstances in which orders under this Part may be made

39

(1)     Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondentâ€)—

(a)     has failed to provide reasonable maintenance for the applicant, or

(b)     has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.

[(2)     The court must not entertain an application under this paragraph unless—

(a)     the applicant or the respondent is domiciled in England and Wales on the date of the application,

(b)     the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

(c)     the respondent is resident there on that date.]

[(2A)     If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.]

(3)     If, on an application under this paragraph, it appears to the court that—

(a)     the

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