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AI Summary of 11. Financial compensation orders.

On granting a decree of judicial separation or at any time thereafter the court may, on application by either spouse or by a person on behalf of a dependent member of the family and during the lifetime of the other spouse or, as appropriate, the spouse concerned, make a financial compensation order where it considers that the financial security of the applicant or the dependent member can be provided wholly or partly by so doing, or that forfeiture of the opportunity to acquire a benefit (for example under a pension scheme) can be compensated. The order may require either or both spouses to effect a life insurance policy for the benefit of the applicant or dependent, to assign all or part of an interest in a life policy to the applicant or a specified person for the benefit of the dependent, or to make or continue payments required under the policy.

The court may make such an order in addition to or in substitution, in whole or in part, for orders under sections 8 to 10 and 12 and must have regard to whether proper provision can be made under those sections. An order ceases to have effect in so far as it relates to the applicant on the applicant's remarriage, registration in a civil partnership or death, and the court shall not make an order if the applying spouse has remarried or registered in a civil partnership. An order under section 18 relating to a paragraph (i) or (ii) order may make such provision as the court considers appropriate for disposal of any accumulated value of the insurance policy or of the interest to which the assignment relates.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 4 of 4

11. Financial compensation orders.

(1) Subject to the provisions of this section, on granting a decree of judicial separation or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers -

(a) that the financial security of the spouse making the application ("the applicant") or the dependent member of the family ("the member") can be provided for either wholly or in part by so doing, or

(b) that the forfeiture, by reason of the decree of judicial separation, by the applicant or the dependent, as the case may be, of the opportunity or possibility of acquiring a benefit (for example, a benefit under a pension scheme) can be compensated for wholly or in part by so doing,

make a financial compensation order, that is to say, an order requiring either or both of the spouses to do one or more of the following:

(i) to effect such a policy of life insurance for the benefit of the applicant or the member as may be specified in the order,