SCHEDULE 16 Financial Relief in Court of Summary Jurisdiction etc: Northern Ireland | Part 7 | Arrears And Repayments | Civil Partnership Act 2004 C33

Part 7 Arrears and Repayments

Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 7 Arrears and Repayments

Enforcement etc of orders for payment of money

Article 36 of the Domestic Proceedings (Northern Ireland) Order 1980 (SI 1980/563 (NI 5)) applies in relation to orders under this Schedule as it applies in relation to orders under that Order.

Orders for repayment after cessation of order because of subsequent civil partnership etc

(1) Sub-paragraphs (3) and (4) apply if—

(a) an order made under paragraph 2(1)(a) or Part 2 or 3 has, under paragraph 26(2), ceased to have effect because of the formation of a subsequent civil partnership or marriage by the party (“R”) in whose favour it was made, and

(b) the person liable to make payments under the order (“P”) made payments in accordance with it in respect of a relevant period in the mistaken belief that the order was still subsisting.

(2) “Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage.

(3) No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P's personal representatives) against R (or R's personal representatives).

(4)