Children and Family Relationships Act 2015

Amendment of section 117 of Act of 2010

154. Section 117 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) by the substitution of “by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may” for “by either of the civil partners may”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

(iii) in paragraph (b), by the substitution of “may be specified in the order;” for “may be specified in the order; and”,

(iv) by the insertion of the following paragraph after paragraph (b):

“(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

(v) in paragraph (c), by the substitution of “may be specified in the order; and” for “may be specified in the order.”,

(vi) by the insertion of the following paragraph after paragraph (c):

“(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.”,

(b) by the substitution of the following subsection for subsection (2):

“(2) The court may order a civil partner to pay a lump sum—

(a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1), or

(b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1).”,

(c) by the insertion of the following subsection after subsection (4):

“(4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.”,

and

(d) in subsection (7), by the substitution of “paragraph (a) or (aa) of subsection (1) ” for “subsection (1)(a) ” wherever it occurs.