Part 11 Arrears and Repayments
Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 11 Arrears and Repayments

Payment of certain arrears unenforceable without the leave of the court

56

(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 7 (maintenance pending outcome of dissolution, nullity or separation proceedings), or

(c)     an interim order under Part 8 (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 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.

Orders for repayment in certain cases of sums paid under certain orders

57

(1)     This paragraph applies if—

(a)     a person (“Râ€) is entitled to receive payments

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

The supremacy of EU law

The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an

LEXISNEXIS

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

LEXISNEXIS

What happens when a client receives a custodial sentence?

What happens when a client receives a custodial sentence?This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the

LEXISNEXIS

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international