Cessation of order
54 Cessation of order
An order for maintenance ceases to have effect—
S. 54(1)(a) amended by No. 4/2009 s. 31(1)(a).
on the death of the domestic partner or caring partner in whose favour the order was made; or
S. 54(1)(b) amended by No. 4/2009 s. 31(1)(a).
on the death of the domestic partner or caring partner against whom the order was made; or
S. 54(1)(c) amended by No. 4/2009 s. 31(1)(a).
on the marriage or remarriage of the domestic partner or caring partner in whose favour the order was made; or
S. 54(1)(d) substituted by No. 4/2009 s. 31(1)(b).
on the registration under this Act of a registrable domestic relationship or a registrable caring relationship of the domestic partner or caring partner in whose favour the order was made.
S. 54(2) amended by No. 4/2009 s. 31(2).
If a marriage or remarriage or registration under this Act takes place, the domestic partner or caring partner must notify the partner against whom the order was made of the date of the marriage, remarriage or registration as soon as practicable.
S. 54(3) amended by No. 4/2009 s. 31(3).
Any money paid under an order for periodic maintenance in respect of a period occurring after the marriage, remarriage or registration takes place may be recovered as a debt in a court of competent jurisdiction by the domestic partner or caring partner who made the payment.
If a notification under subsection (2) is not provided or reasonable steps are not taken to provide the notification, interest is payable on any money recovered under subsection (3) with effect from the date of the marriage, remarriage or registration.
The interest payable under subsection (4) must not be greater than the rate fixed under section 2 of the Penalty Interest Rates Act 1983 that applies at the time the court makes the order.
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