Commentary on Sections Schedule 6 - Financial relief in magistrates’ courts etc. Part 3 - Orders of court where civil partners are living apart by agreement
578.This Part allows the court to make orders for periodical payments for maintenance to be made by one civil partner to the other for that civil partner or for a child of the family. Such orders can be made where the civil partners have been living apart for a continuous period exceeding 3 months and one of the civil partners has been making periodical payments during that three-month period. However, the court cannot order the civil partner to make payments which, during any period of three months, would amount to more than he paid over the three months prior to the application. If the court considers that an order under this Part would not provide reasonable maintenance for the civil partner or for a child of the family, the court may treat the application as if it were an application for an order under Part 1. The matters which the court must take into account when making an order under this Part are the same as those in Part 1.