ABSTRACT
The remedies for spouses are those in the Matrimonial Causes Act 1973. Since same sex couples cannot enter into a marriage these remedies are unavailable to them but are in effect replicated in Sched 5 Civil Partnership Act 2004. The table indicates the equivalent section numbers. The case law will be applied to both types of relationship. In order to keep the information concise the notes below refer only to the MCA 1973 section numbers. Reference to the table should be made for those dealing with civil partnerships. https://www.niso.org/standards/z39-96/ns/oasis-exchange/table"> Provisions in MCA 1973 Equivalent in Sched 5 CPA 2004 s 21(a) Periodical payments during marriage Part 9 para 41(a) s 21(b) Secured periodical payments during marriage Part 9 para 41(b) s 21(c) Lump sum during marriage Part 9 para 41(c) s 21A Pension sharing order definition Part 4 para 16 s 22 Maintenance pending suit Part 8 s 23(a) Periodic payments Part 1 para 2(1)(a) s 23(b) Secured periodic payments Part 1 para 2(1)(b) s 23(c) Lump sum(s) Part 1 para 2(1)(c) s 23(d) Periodic payments to/for a child Part 1 para 2(1)(d) s 23(f) Lump sum to/for a child Part 1 para 2(1)(e) s 24 Property adjustment order Part 2 s 24A Sale of property Part 3 s 24B–D Pension sharing Part 4 s 25 Criteria to take into consideration Part 5 s 25A Clean breaks Part 5 para 23 s 25B Pension criteria Part 6 para 24/25 s 25C Pension lump sums Part 6 para 26 Part 7 pension fund compensation to be in matters which the court are to take into account s 37 Avoidance of disposition Part 14 Variations Part 11
