Commentary on Sections Schedule 16: Financial relief in court of summary jurisdiction etc.: Northern Ireland Part 1 - Failure to maintain etc: financial provision
734.This Part sets out the circumstances in which an order can be made and the types of orders which can be made. The court can make an order for either lump sum payments or periodical payments to be made if it is satisfied that the civil partner has not made reasonable provision to maintain the applicant or a child of the family. A lump sum payment can take into consideration expenses or liabilities reasonably incurred in maintaining the applicant or child prior to the making of the order. The Part sets out the matters the court is to take into account when determining what orders it should make both in respect of civil partners and in respect of children. These include, amongst other things, the financial resources of the applicant and the civil partner concerned and the financial needs, earning capacity and education of the child. Where the child of the family is not the respondent’s child the court must also consider whether anyone else is liable to maintain the child and whether the respondent has assumed any responsibility to maintain the child. Whilst the court must have regard to all the circumstances of the case, the welfare of any child under the age of 18 should be the first consideration. The court can adjourn the proceedings if the civil partners wish to attempt a reconciliation and must refuse to make an order if an application to the High Court (under Part 8 of Schedule 15 (Financial relief in the High Court or a county court etc.: Northern Ireland)) is more appropriate.