Matrimonial Causes Act 1973
Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1.1974 The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 1 substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 1, 8(3)(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 2 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 2 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 3 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 3 substituted (with saving) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 1, 46(1), 48(2), Sch. 2 Words in s. 3(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(b) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 3(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(c) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 4 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 4 (with s. 8(4)); S.I. 2022/283, reg. 2 S. 5 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 5 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 6(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 29 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) Words in s. 6(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 6(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 9(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(3)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) Words in s. 9(1)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(3)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) Word in s. 9(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(d) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(b) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10(2)-(3A) substituted for s. 10(2) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(iii) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10A inserted (24.2.2003) by Divorce (Religious Marriages) Act 2002 (c. 27), ss. 1(1), 2(2); S.I. 2003/186, art. 2 Words in s. 10A heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(d) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) S. 10A(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) Words in s. 11 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(2) Words substituted by virtue of Marriage Act 1983 (c. 32, SIF 49:1), s. 12(1) Words substituted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 6(4) Word in s. 11(a)(ii) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 3 (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17) Word in s. 11(a)(ii) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a) S. 11(a)(iia) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a) Words in s. 11(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 40; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 11(c) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 27; S.I. 2014/93, art. 3(k)(ii) Words in s. 11 substituted (8.1.1996) by 1995 c. 42, ss. 8(2), 16(2), Sch. para. 2(2) (with s. 8(1)(3)) S. 12 renumbered as s. 12(1) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(2); S.I. 2014/93, art. 3(j)(i) Words in s. 12 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(3) Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 34 S. 12(g) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 2; S.I. 2005/54, art. 2 S. 12(h) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 5; S.I. 2005/54, art. 2 S. 12(2) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(3); S.I. 2014/93, art. 3(j)(i) S. 12A inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(4) S. 12B inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 12 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 13(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(c) (with s. 8(6)); S.I. 2022/283, reg. 2 S. 13(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(2), 48(2) Words in s. 13(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(3) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(2)(3)(4) substituted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 6; S.I. 2005/54, art. 2 S. 13(2A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 3; S.I. 2005/54, art. 2 Words in s. 13(2A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(4) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(5)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(5)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 S. 13(4)(5) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(3), 48(2) Words in s. 13(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(6)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(6)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 14(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 14(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(3); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 15 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 14 (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 16 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(2); S.I. 2022/283, reg. 2 S. 16 renumbered as s. 16(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(3); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(a); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(b); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(c); S.I. 2022/283, reg. 2 S. 16(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(5); S.I. 2022/283, reg. 2 S. 17(1)-(1B) substituted for s. 17(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(2), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 17(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(3), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(a), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(b), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 18(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(a) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 18(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(b) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 19 omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 1 (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(2)) S. 20 and cross-heading omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 17 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 21(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(a); S.I. 2022/283, reg. 2 S. 21(3) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(b); S.I. 2022/283, reg. 2 S. 21A and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 2; S.I. 2000/1116, art. 2 Ss. 21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 2; S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 22 renumbered as s. 22(1) (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(1)(a), 151(1); S.I. 2013/773, art. 2 Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 19(a) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 19(b) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 S. 22(2)(3) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(1)(b), 151(1); S.I. 2013/773, art. 2 S. 22ZA inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(2), 151(1); S.I. 2013/773, art. 2 S. 22ZB inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 50, 151(1); S.I. 2013/773, art. 2 Words in s. 23(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(2); S.I. 2022/283, reg. 2 Words in s. 23(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(3) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words in s. 23(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(4); S.I. 2022/283, reg. 2 S. 23(6) added by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 16, 77(1) S. 23(7) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(5) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 24(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(2); S.I. 2022/283, reg. 2 Words in s. 24(1)(c)(d) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 3; S.I. 2000/1116, art. 2 Words in s. 24(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(3); S.I. 2022/283, reg. 2 S. 24(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(4); S.I. 2022/283, reg. 2 S. 24A inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 7 Words in s. 24A(1) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 51, 151(1); S.I. 2013/773, art. 2 Words in s. 24A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 22(2); S.I. 2022/283, reg. 2 Words in s. 24A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 42; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 24A(6) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 11 S. 24A(7) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 22(3); S.I. 2022/283, reg. 2 S. 24B and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 Words in s. 24B(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(2); S.I. 2022/283, reg. 2 Words in s. 24B(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(3); S.I. 2022/283, reg. 2 S. 24B(6) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(4); S.I. 2022/283, reg. 2 S. 24C and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 S. 24D and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 Ss. 24E-24G inserted (6.3.2011 for the insertion of s. 24F and 6.4.2011 otherwise) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 3; S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2 Words in s. 24E(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(2); S.I. 2022/283, reg. 2 Words in s. 24E(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(3); S.I. 2022/283, reg. 2 S. 24E(11) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(4); S.I. 2022/283, reg. 2 Ss. 25, 25A substituted for s. 25 by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 3, 48(2) Words in s. 25 heading substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(2); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 5(a); S.I. 2000/1116, art. 2 Words in s. 25(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(2) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 5(b); S.I. 2000/1116, art. 2 Words in s. 25(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(2)(h) omitted (1.8.1996) by virtue of 1995 c. 26, s. 166(2); S.I. 1996/1675, art. 3(b) Words in s. 25A heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(2); S.I. 2022/283, reg. 2 Ss. 25, 25A substituted for s. 25 by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 3, 48(2) Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(3)(a); S.I. 2022/283, reg. 2 Words in s. 25A(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 19, 89, Sch. 3 para. 6; S.I. 2000/1116, art. 2 Words in s. 25A(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 5; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(3)(b); S.I. 2022/283, reg. 2 Words in s. 25A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(4); S.I. 2022/283, reg. 2 S. 25A(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(5); S.I. 2022/283, reg. 2 S. 25B inserted (1.8.1996 with effect as mentioned in S.I. 1996/1675, art. 4) by 1995 c. 26, s. 166(1); S.I. 1996/1675, art. 3(b) Words in s. 25B(1)(a)(b) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(2); S.I. 2000/1116, art. 2 S. 25B(2) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, 88, Sch. 4 para. 1(3), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 Word in s. 25B(3) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(4); S.I. 2000/1116, art. 2 Words in s. 25B(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(5)(a); S.I. 2000/1116, art. 2 Words in s. 25B(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(5)(b); S.I. 2000/1116, art. 2 S. 25B(5) substituted (11.11.1999 for certain puropses and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 4 para. 1(6); S.I. 2000/1116, art. 2 Words in s. 25B(6) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(7)(a); S.I. 2000/1116, art. 2 Words in s. 25B(6)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(7)(b); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(8)(a); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(8)(b); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, Sch. 4 para. 1(8)(c); S.I. 2000/1116, art. 2 S. 25B(7A)-(7C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(9); S.I. 2000/1116, art. 2 S. 25C inserted (1.8.1996 with effect as mentioned in S.I. 1996/1675) by 1995 c. 26, s. 166(1); S.I. 1996/1675, art. 3(b) Word in s. 25C(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(2); S.I. 2000/1116, art. 2 Words in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(i); S.I. 2000/1116, art. 2 Word in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(ii); S.I. 2000/1116, art. 2 Words in s. 25C(2)(c) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(b); S.I. 2000/1116, art. 2 Words in s. 25C(3) substituted (11.11.1999 for certain puurposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(a); S.I. 2000/1116, art. 2 Words in s. 25C(3) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(b); S.I. 2000/1116, art. 2 S. 25C(4) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(5); S.I. 2000/1116, art. 2 S. 25D inserted (27.6.1996 in relation to the insertion of s. 25D(2)(3)(4) and 1.8.1996 otherwise) by 1995 c. 26, s. 166(1); S.I. 1995/1675, art. 3 S. 25D(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(2); S.I. 2000/1116, art. 2 Words in s. 25D(2) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(a); S.I. 2000/1116, art. 2 Words in s. 25D(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(b); S.I. 2000/1116, art. 2 S. 25D(2)(ab) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(c); S.I. 2000/1116, art. 2 S. 25D(2)(ba) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(d); S.I. 2000/1116, art. 2 S. 25D(2)(c)(d) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, 88, Sch. 4 para. 3(3)(e), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 S. 25D(2)(e) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(f); S.I. 2000/1116, art. 2 Words in s. 25D(2) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, 88, Sch. 4 para. 3(3)(g), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 S. 25D(2A)-(2C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(4); S.I. 2000/1116, art. 2 S. 25D(3)(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(1)(5); S.I. 2000/1116, art. 2 S. 25E inserted (1.1.2006) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 3; S.I. 2005/3331, art. 2(3), Sch. Pt. 3 (subject to art. 3) Words in s. 25E(9) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 6, Sch. 11 Pt. 4; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Ss. 25F, 25G inserted (6.3.2011 for the insertion of s. 25G and 6.4.2011 otherwise) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 7; S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2 Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(i) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(ii) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(c) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 S. 27(1) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(1), 89(2) S. 27(2)-(2B) substituted for s. 27(2) (31.12.2020) by S.I. 2019/519, Sch. para. 6(2) (with reg. 8) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(2)(3)(b)); 2020 c. 1, Sch. 5 para. 1(1) S. 27(3)(3A)(3B) substituted for s. 27(3)(4) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(2), 89(2) S. 27(3) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 4, 48(2) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 12(a) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(2), Sch. 1 para. 12(b Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(3), 89(2) S. 27(6A)(6B) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(4), 89(2) S. 27(6B) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), Sch. 2 para. 52 S. 27(8) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 3 Words in s. 28 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(5); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(1), 48(2) Words in s. 28(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(a); S.I. 2022/283, reg. 2 Words in s. 28(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(b); S.I. 2022/283, reg. 2 Words in s. 28(1)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(1)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(b); S.I. 2022/283, reg. 2 Words in s. 28(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(c)(i); S.I. 2022/283, reg. 2 Words in s. 28(1)(b) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(c)(ii); S.I. 2022/283, reg. 2 S. 28(1A) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(2), 48(2) Words in s. 28(1A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(a); S.I. 2022/283, reg. 2 Words in s. 28(1A) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(b); S.I. 2022/283, reg. 2 Words in s. 28(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(4)(a); S.I. 2022/283, reg. 2 Words in s. 28(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(4)(b); S.I. 2022/283, reg. 2 Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(5)(a); S.I. 2022/283, reg. 2 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(3), 48(2) Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(5)(b); S.I. 2022/283, reg. 2 S. 28(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(6); S.I. 2022/283, reg. 2 Words in s. 29(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 1 Words in s. 29(2)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1)(4), Sch. 37 Pt. II para. 136; S.I. 1997/1623, art. 2 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(4), 48(2) S. 29(5)-(8) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 2 Words in s. 29(5)(a)(7)(8)(a) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 29(5)(a)(b)(ii)(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(b) (with s. 83(6)); S.I. 2003/192; art. 3, Sch. Words in s. 29(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(c)(d) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 29(7) repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch. S. 29(8)(b) and word repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 30(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 28 (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(2), 48(2) S. 31(2)(dd) inserted (1.8.1996) by 1995 c. 26, s. 166(3)(a); S.I. 1996/1675, art. 3(b) Word in s. 31(2)(dd)(i) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(a), Sch. 11 Pt. 4; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Word in s. 31(2)(dd)(ii) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 31(2)(dd)(iii) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(dd) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(e) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(2); S.I. 2022/283, reg. 2 S. 31(2)(f) inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 8(2)(a) S. 31(2)(g) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(2); S.I. 2000/1116, art. 2 Words in s. 31(2)(g) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(g) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(3); S.I. 2022/283, reg. 2 S. 31(2A) inserted by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 51, 77(1) S. 31(2B) inserted (1.8.1996) by 1995 c. 26, s. 166(3)(b); S.I. 1996/1675, art. 3(b) Words in s. 31(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(4); S.I. 2022/283, reg. 2 S. 31(4A)-(4C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(3); S.I. 2000/1116, art. 2 Words in s. 31(4A)(a)(ii) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(5); S.I. 2022/283, reg. 2 Words in s. 31(4B) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(4); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(4B) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(6); S.I. 2022/283, reg. 2 Words in s. 31(4C) inserted (6.3.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(5); S.I. 2011/664, art. 2(2), Sch. Pt. 1 Words in s. 31(5) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(5)(a) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 Words in s. 31(5) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise)by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(a); S.I. 2000/1116, art. 2 Words in s. 31(5) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(b); S.I. 2000/1116, art. 2 Words in s. 31(5) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(c); S.I. 2000/1116, art. 2 Words in s. 31(5) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words substituted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 8(2)(b) S. 31(7) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(3), 48(2) Words in s. 31(7)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(7); S.I. 2022/283, reg. 2 Words in s. 31(7)(a) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(6)(b) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 S. 31(7A)-(7F) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(7) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 (subject to art. 4) S. 31(7B)(ba) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(5); S.I. 2000/1116, art. 2 S. 31(7B)(bb) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(7); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(i), 139(4) (with s. 18(6)) Word in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(8)(a), 139(4) Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(8)(b), 139(4) Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(ii), 139(4) (with s. 18(6)) Words in s. 31(7F) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(iii), 139(4) (with s. 18(6)) S. 31(7G) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(6) S. 31(7H) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(8); S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 1 (with s. 12(4)); S.I. 2014/2039, art. 2 S. 31(10) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(4), 48(2) S. 31(11)-(14) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 3 Words in s. 31(11)(c)(12)(a)(c) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 31(11) substituted (3.3.2003 for specified purposes) by virtue of 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(3)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. S. 31(15) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(7); S.I. 2000/1116, art. 2 S. 31(16) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(8); S.I. 2022/283, reg. 2 Words in s. 32(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 60; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 33(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 33(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 33(A) and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 7, 48(2) S. 33A and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 7, 48(2) Words in definition of “order for financial relief” in s. 33A(3) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 8; S.I. 2000/1116, art. 2 Words in s. 35(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(3)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) Words in s. 35(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 35(1A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) Words in s. 35(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Word in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 13(a) S. 35(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(4)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 44; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 36(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 36(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 36(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 36(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 36(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 37 inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 9; S.I. 2000/1116, art. 2(e) Words in s. 38 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 38(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(6) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words substituted by Insolvency Act 1985 (c. 65, SIF 66), ss. 235, 236, Sch. 8 para. 23, Sch. 9 para. 11(2) Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), ss. 439(2), 440, 441, Sch 14 S. 40 renumbered (1.10.2007) as s. 40(1) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(c) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) S. 40(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(d) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) S. 40A inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 10; S.I. 2000/1116, art. 2 S. 41 repealed (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(1)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) S. 42 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 12 para. 32, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 43 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 44 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 45 repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69, Sch. 2 S. 46 repealed by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 17(2), Sch. 6 Words in s. 47(1) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(a) (with s. 8(1)(3)) Word in s. 47(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(a) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 47(2)(d) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 S. 47(2)(dd) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 15 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 2 para. 39 (with saving for an application made before 1.2.1981 under Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c. 48)); S.I. 1979/731, Sch. 2 para. 8 S.47(3) substituted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(5), Sch. 1 para. 14 S. 47(4) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(b) (with s. 8(1)(3)) Word in s. 48(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 34; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 49(1)-(3) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(2) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(3)(a) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(3)(b) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(4) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 S. 50 repealed (14.10.1991) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3; S.I. 1991/1211, art. 2 S. 51 repealed (14.10.1991) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3; S.I. 1991/1211, art.2 Definition repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975 Words in s. 52(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 12 para. 33 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) Definition in s. 52(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 65(1) (with Sch. 11 para. 65(2)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Definition in s. 52(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) Definition in s. 52(1) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4 Words in s. 52(1) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(4) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 52(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) S. 52(2)(aa) substituted for word in s. 52(2) (1.11.1999 for specified purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3 para. 11; S.I. 2000/1116, art. 2 S. 52(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 46; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 52A inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 32; S.I. 2022/283, reg. 2 S. 54(1)(b) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Words repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Sch. 1 para. 8 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(a) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Sch. 1 para. 11(1)(e) and word inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(2); S.I. 2005/54, art. 2 Sch. 1 para. 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(3); S.I. 2005/54, art. 2 Words in Sch. 1 para. 11(3A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in Sch. 1 para. 11(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(c); S.I. 2022/283, reg. 2 Sch. 2 para. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Sch. 2 para. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 26(3), Sch. Sch. 2 para. 6 repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3 Sch. 2 para. 7(2)(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Sch. 2 para. 9 repealed by Child Care Act 1980 (c. 5), Sch. 6 Sch. 2 para. 10(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Sch. 2 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2). Sch. 2 para. 12 repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3 Sch. 3 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. VII S. 13(4) modified by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(2), 47(1), 48(2), Sch. 2 para. 2 S. 21A modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(a) S. 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(a), 48(2) S. 24A(2)(4)(5)(6) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(b), 48(2) S. 25B modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(b) S. 25B(6) modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 2 S. 25D(1) applied (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1984 c. 42, s. 21(3) (as amended by 1999 c. 30, s. 22(5); S.I. 2000/1116, art. 2) S. 28(1) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2) S. 28(2) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2) S. 29 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(d), 48(2) S. 30 extended except para. (b), by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(e), 48(2) S. 31(1) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(2)(a)–(d) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(2)(f) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(3)(5) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(6) amended by Forfeiture Act 1982 (c. 34, SIF 116:1, 2), ss. 3(2)(b), 7(3) S. 31(6) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(6) amended by Inheritance (Provisions for Family and Dependants) Act 1975 (c. 63), s. 18 S. 31(7)–(10) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 32 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(g), 48(2) S. 33 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(h), 48(2) S. 36(1) amended by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 18 S. 36(1) amended by Forfeiture Act 1982 (c. 34, SIF 116:1, 2), ss. 3(2)(b), 7(3) S. 38 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(i), 48(2) S. 39 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(j), 48(2) S. 40 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(k), 48(2) Power of appointment conferred by s. 55(2) fully exercised: 1.1.1974 appointed by S.I. 1973/1972, art. 2 1960 c. 48. 1993 c. 48. 1988 c. 1 1986 c.45(66). 1978 c. 22. 1965 c. 72. 1978 c. 30. 1965 c. 72. 1970 c. 45. 1925 c. 49. 1882 c. 75. 1967 c. 75. 1959 c. 72. 1958 c. 40. 1945 c. 16. 1950 c. 37. 1950 c. 37. 1970 c. 31. 1971 c. 32. 1959 c. 22. 1970 c. 45. 1968 c. 63. 1969 c. 46. 1958 c. 39. 1971 c. 32 An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
Subject to section 3 below, a petition for divorce may be presented to the court by either party to a marriage on the ground that the marriage has broken down irretrievably.
Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground that the marriage has broken down irretrievably.
The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts, that is to say—
that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Act referred, to as " two years' separation ") and the respondent consents to a decree being granted;
that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (hereafter in this Act referred to as " five years' separation ").
An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably.
On a petition for divorce it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent.
The court dealing with an application under subsection (1) must—
take the statement to be conclusive evidence that the marriage has broken down irretrievably, and
make a divorce order.
If the court is satisfied on the evidence of any such fact as is mentioned in subsection (2) above, then, unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to sections 3(3) and 5 below, grant a decree of divorce.
A divorce order—
is, in the first instance, a conditional order, and
may not be made final before the end of the period of 6 weeks from the making of the conditional order.
Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant unless the High Court by general order from time to time fixes a shorter period, or unless in any particular case the court in which the proceedings are for the time being pending from time to time by special order fixes a shorter period than the period otherwise applicable for the time being by virtue of this subsection.
The court may not make a conditional order unless— and a party may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings.
in the case of an application that is to proceed as an application by one party to the marriage only, that party has confirmed to the court that they wish the application to continue, or
in the case of an application that is to proceed as an application by both parties to the marriage, those parties have confirmed to the court that they wish the application to continue;
The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (4)(b) or (5).
But the Lord Chancellor may not under subsection (6) provide for a period which would result in the total number of days in the periods for the purposes of subsections (4)(b) and (5) (taken together) exceeding 26 weeks.
In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (4)(b) or (5).
A statutory instrument containing an order under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both parties to a marriage to become an application by one party to the marriage only (including provision for a statement made under subsection (2) in connection with the application to be treated as made by one party to the marriage only).
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One party to a marriage shall not be entitled to rely for the purposes of section 1(2)(a) above on adultery committed by the other if, after it became known to him that the other had committed that adultery, the parties have lived with each other for a period exceeding, or periods together exceeding, six months.
Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but subsection (1) above does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining for the purposes of section 1(2)(a) above whether the petitioner finds it intolerable to live with the respondent.
Where in any proceedings for divorce the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of section 1(2)(b) above whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together was six months or less.
For the purposes of section 1(2)(c) above the court may treat a period of desertion as having continued at a time when the deserting party was incapable of continuing the necessary intention if the evidence before the court is such that, had that party not been so incapable, the court would have inferred that his desertion continued at that time.
In considering for the purposes of section 1(2) above whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding six months) or of any two or more periods (not exceeding six months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.
For the purposes of section 1(2)(d) and (e) above and this section a husband and wife shall be treated as living apart unless they are living with each other in the same household, and references in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
Provision shall be made by rules of court for the purpose of ensuring that where in pursuance of section 1(2)(d) above the petitioner alleges that the respondent consents to a decree being granted the respondent has been given such information as will enable him to understand the consequences to him of his consenting to a decree being granted and the steps which he must take to indicate that he consents to the grant of a decree.
An application for a divorce order may not be made before the expiration of the period of one year from the date of the marriage.
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If it appears to the court, at the hearing of a petition for divorce presented in pursuance of leave granted under subsection (2) above, that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court may—
dismiss the petition, without prejudice to any petition which may be brought after the expiration of the specified period upon the same facts, or substantially the same facts, as those proved in support of the dismissed petition; or
if it grants a decree, direct that no application to make the decree absolute shall be made during the specified period.
Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
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A person shall not be prevented from presenting a petition for divorce, or the court from granting a decree of divorce, by reason only that the petitioner or respondent has at any time, on the same facts or substantially the same facts as those proved in support of the petition, been granted a decree of judicial separation or an order under, or having effect as if made under, the Matrimonial Proceedings (Magistrates' Courts) Act 1960 or any corresponding enactments in force in Northern Ireland, the Isle of Man or any of the Channel Islands.
On a petition for divorce in such a case as is mentioned in subsection (1) above, the court may treat the decree or order as sufficient proof of any adultery, desertion or other fact by reference to which it was granted, but shall not grant a decree of divorce without receiving evidence from the petitioner.
Where a petition for divorce in such a case follows a decree of judicial separation or an order containing a provision exempting one party to the marriage from the obligation to cohabit with the other, for the purposes of that petition a period of desertion immediately preceding the institution of the proceedings for the decree or order shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition.
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The respondent to a petition for divorce in which the petitioner alleges five years' separation may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage.
Where the grant of a decree is opposed by virtue of this section, then— the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if of opinion that (the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all the circumstances be wrong to dissolve the marriage it shall dismiss the petition.
if the court finds that the petitioner is entitled to rely in support of his petition on the fact of five years' separation and makes no such finding as to any other fact mentioned in section 1(2) above, and
if apart from this section the court would grant a decree on the petition,
For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.
Provision shall be made by rules of court for requiring the legal representative acting for an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged.
If at any stage of proceedings for a divorce order it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.
Provision may be made by rules of court for enabling the parties to a marriage, or either of them, on application made when proceedings for a divorce order are contemplated or have begun, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.
In the case of an application for a divorce order —
the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Queen’s Proctor, who shall under the directions of the Attorney-General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued;
any person may at any time during the progress of the proceedings or before the divorce order is made final give information to the Queen’s Proctor on any matter material to the due decision of the case, and the Queen’s Proctor may thereupon take such steps as the Attorney-General considers necessary or expedient.
Where the Queen’s Proctor intervenes or shows cause against a conditional order in any proceedings for a divorce order, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing.
The Queen’s Proctor shall be entitled to charge as part of the expenses of his office—
the costs of any proceedings under subsection (1)(a) above;
where his reasonable costs of intervening or showing cause as mentioned in subsection (2) above are not fully satisfied by any order under that subsection, the amount of the difference;
if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (2).
Where a divorce order has been made but not made final, then, without prejudice to section 8 above, any person (excluding a party to the proceedings other than the Queen’s Proctor) may show cause why the order should not be made final by reason of material facts not having been brought before the court; and in such a case the court may—
notwithstanding anything in section 1(4) above (but subject to section 10(2) to (4) ... below) make the order final; or
rescind the order; or
require further inquiry; or
otherwise deal with the case as it thinks fit.
Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the other party to the marriage may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.
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The following provisions of this section apply where—
on an application for a divorce order a conditional order has been made and—
the conditional order is in favour of one party to a marriage, or
the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and
the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce.
Subject to subsection (4), the court hearing an application by the respondent under subsection (2) must not make the divorce order final unless it is satisfied—
that the applicant should not be required to make any financial provision for the respondent, or
that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances.
The court may if it thinks fit makes the divorce order final notwithstanding the requirements of subsection (3) above if—
it appears that there are circumstances making it desirable that the order should be made final without delay, and
the court has obtained a satisfactory undertaking from the applicant that they will make such financial provision for the respondent as the court may approve.
In making a determination under subsection (3) the court must consider all the circumstances including—
the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and
the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the applicant should that person die first.
This section applies if a divorce order has been made but not made final and the parties to the marriage concerned—
were married in accordance with—
the usages of the Jews, or
any other prescribed religious usages; and
must co-operate if the marriage is to be dissolved in accordance with those usages.
On the application of either party, the court may order that a divorce order is not to be made final until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court.
An order under subsection (2)—
may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and
may be revoked at any time.
A declaration of a kind mentioned in subsection (2)—
must be in a specified form;
must, in specified cases, be accompanied by such documents as may be specified; and
must, in specified cases, satisfy such other requirements as may be specified.
The validity of a divorce order made by reference to such a declaration is not to be affected by any inaccuracy in that declaration.
“Prescribed” means prescribed in an order made by the Lord Chancellor after consulting the Lord Chief Justice and such an order—
must be made by statutory instrument;
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
“Specified” means specified in rules of court.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say— For the purposes of paragraph (d) of this subsection a marriage is not polygamous if at its inception neither party has any spouse additional to the other.
that it is not a valid marriage under the provisions of the Marriage Acts 1949 to 1986 (that is to say where—
the parties are within the prohibited degrees of relationship;
either party is under the age of eighteen; ...
the parties have intermarried in disregard of certain requirements as to the formation of marriage);
the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or
that at the time of the marriage either party was already lawfully married or a civil partner;
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in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales.
that the marriage has not been consummated owing to the incapacity of either party to consummate it;
A marriage celebrated after 31st July 1971, other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is to say—
that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage;
that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.
that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;
Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a same sex couple.
that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage;
that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court—
that the applicant, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
that it would be unjust to the respondent to make the order.
Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section unless—
it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or
leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below.
Without prejudice to subsections (1) and (2) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (e) , (f) or (h) of that section unless it is satisfied that the applicant was at the time of the marriage ignorant of the facts alleged.
Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate.
In the case of proceedings for the making of a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if—
he is satisfied that the applicant has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and
he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage.
This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013 Act and regulations made under that section.
A marriage which results from the purported conversion of a void civil partnership is void.
A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act.
In this section, the “2013 Act” means the Marriage (Same Sex Couples) Act 2013.
Subject to subsection (3) where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside England and Wales, nothing in section 11, 12 or 13(1) above shall—
preclude the determination of that matter as aforesaid; or
require the application to the marriage of the grounds or bar there mentioned except so far as applicable in accordance with those rules.
In the case of a marriage which purports to have been celebrated under the Foreign Marriage Acts 1892 to 1947 or has taken place outside England and Wales and purports to be a marriage under common law, section 11 above is without prejudice to any ground on which the marriage may be void under those Acts or, as the case may be, by virtue of the rules governing the celebration of marriages outside England and Wales under common law.
No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.
An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)—
is, in the first instance, a conditional order, and
may not be made final before the end of the period of 6 weeks from the making of the conditional order.
The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b).
But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months.
In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b).
A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final: general powers of court) apply in relation to proceedings for a nullity of marriage order as if for any reference in those sections to a divorce order there were substituted a reference to a nullity of marriage order.
A nullity of marriage order granted in respect of a voidable marriage shall operate to annul the marriage only as respects any time after the order has been made final, and the marriage shall, notwithstanding the order, be treated as if it had existed up to that time.
Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution—
for “order has been made final,” of “decree has been made absolute,” and
for “notwithstanding the order,” of “notwithstanding the decree,
Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage.
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An application under subsection (1) must be accompanied by—
if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or
if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another.
Sections 6 and 7 above shall apply for the purpose of encouraging the reconciliation of parties to proceedings for a judicial separation order and of enabling the parties to a marriage to refer to the court for its opinion an agreement or arrangement relevant to actual or contemplated proceedings for a judicial separation order, as they apply in relation to proceedings for a divorce order.
The court dealing with an application under subsection (1) must make a judicial separation order.
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If while a decree of judicial separation or judicial separation order is in force and the separation is continuing either of the parties to the marriage dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.
Notwithstanding anything in section 2(1)(a) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960, a provision in force under an order made, or having effect as if made, under that section exempting one party to a marriage from the obligation to cohabit with the other shall not have effect as a decree of judicial separation for the purposes of subsection (2) above.
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Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may, subject to subsection (2) below, present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court may, if satisfied that such reasonable grounds exist, grant a decree of presumption of death and dissolution of the marriage.
A petition may be presented in pursuance of subsection (1) above—
in any case, if the petitioner is domiciled in England and Wales; and
in the case of a petition presented by a wife, if she is resident in England and Wales and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings.
In any proceedings under this section the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.
Sections 1(5), 8 and 9 above shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.
In determining for the purposes of this section whether a woman is domiciled in England and Wales, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living; and in any proceedings brought in pursuance of subsection (2)(b) above the issues shall be determined in accordance with the law which would be applicable thereto if both parties to the marriage were domiciled in England and Wales at the time of the proceedings.
It is hereby declared that neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings constitutes a bar to the grant of a decree under this section.
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The financial provision orders for the purposes of this Act are the orders for periodical or lump sum provision available (subject to the provisions of this Act) under section 23 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation and under section 27(6) below on proof of neglect by one party to a marriage to provide, or to make a proper contribution towards, reasonable maintenance for the other or a child of the family, that is to say— and references in this Act (except in paragraphs 17(1) and 23 of Schedule 1 below) to periodical payments orders, secured periodical payments orders, and orders for the payment of a lump sum are references to all or some of the financial provision orders requiring the sort of financial provision in question according as the context of each reference may require.
any order for periodical payments in favour of a party to a marriage under section 23(1)(a) or 27(6)(a) or in favour of a child of the family under section 23(1)(d), (2) or (4) or 27(6)(d);
any order for secured periodical payments in favour of a party to a marriage under section 23(1)(b) or 27(6)(b) or in favour of a child of the family under section 23(1)(e), (2) or (4) or 27(6)(e); and
any order for lump sum provision in favour of a party to a marriage under section 23(1)(c) or 27(6)(c) or in favour of a child of the family under section 23(1)(f), (2) or (4) or 27(6)(f);
The property adjustment orders for the purposes of this Act are the orders dealing with property rights available (subject to the provisions of this Act) under section 24 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family on or after the making of a divorce, nullity of marriage or judicial separation order, that is to say—
any order under subsection (1)(a) of that section for a transfer of property;
any order under subsection (1)(b) of that section for a settlement of property; and
any order under subsection (1)(c) or (d) of that section for a variation of settlement.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
For the purposes of this Act, a pension sharing order is an order which—
provides that one party’s— be subject to pension sharing for the benefit of the other party, and
shareable rights under a specified pension arrangement, or
shareable state scheme rights,
specifies the percentage value to be transferred.
In subsection (1) above—
the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation,
the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and
“ party ” means a party to a marriage.
For the purposes of this Act, a pension compensation sharing order is an order which—
provides that one party's shareable rights to PPF compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other party, and
specifies the percentage value to be transferred.
In subsection (1)—
the reference to shareable rights to PPF compensation is to rights in relation to which pension compensation sharing is available under Chapter 1 of Part 3 of the Pensions Act 2008 or under corresponding Northern Ireland legislation;
“ party ” means a party to a marriage;
“ specified ” means specified in the order.
In this Part—
“the pension compensation provisions” means—
Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) and any regulations or order made under it,
On an application for a divorce, nullity of marriage or judicial separation order, the court may make an order for maintenance pending suit, that is to say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the making of the application and ending with the date of the determination of the suit, as the court thinks reasonable.
An order under this section may not require a party to a marriage to pay to the other party any amount in respect of legal services for the purposes of the proceedings.
In subsection (2) “legal services” has the same meaning as in section 22ZA.
On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen.
an order that either party to the marriage shall make to the other such periodical payments, for such term, as may be specified in the order;
an order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments, for such term, as may be so specified;
an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified;
an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments, for such term, as may be so specified;
an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified;
The court may also, subject to those restrictions, make any one or more of the orders mentioned in subsection (1)(d), (e) and (f) above—
in any proceedings for divorce, nullity of marriage or judicial separation, before making a divorce order, nullity of marriage order or judicial separation order (as the case may be); and
where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal.
Without prejudice to the generality of subsection (1)(c) or (f) above—
an order under this section that a party to a marriage shall pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order under this section in his or her favour;
an order under this section for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met; and
an order under this section for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
The power of the court under subsection (1) or (2)(a) above to make an order in favour of a child of the family shall be exercisable from time to time; and where the court makes an order in favour of a child under subsection (2)(b) above, it may from time to time, subject to the restrictions mentioned in subsection (1) above, make a further order in his favour of any of the kinds mentioned in subsection (1)(d), (e)or (f) above.
Without prejudice to the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel, where an order is made under subsection (1)(a), (b) or (c) above on or after making a divorce or nullity of marriage order, neither the order under subsection (1)(a), (b) or (c) nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final.
Where the court—
makes an order under this section for the payment of a lump sum; and
directs—
that payment of that sum or any part of it shall be deferred; or
that that sum or any part of it shall be paid by instalments, the court may order that the amount deferred or the instalments shall carry interest at such rate as may be specified by the order from such date, not earlier than the date of the order, as may be so specified, until the date when payment of it is due.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings.
The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation.
The court must not make an order under this section unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings.
For the purposes of subsection (3), the court must be satisfied, in particular, that—
the applicant is not reasonably able to secure a loan to pay for the services, and
the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings.
An order under this section may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings.
An order under this section may—
provide for the payment of all or part of the amount by instalments of specified amounts, and
require the instalments to be secured to the satisfaction of the court.
An order under this section may direct that payment of all or part of the amount is to be deferred.
The court may at any time in the proceedings vary an order made under this section if it considers that there has been a material change of circumstances since the order was made.
For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings.
In this section “legal services”, in relation to proceedings, means the following types of services— and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation.
providing advice as to how the law applies in the particular circumstances,
providing advice and assistance in relation to the proceedings,
providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and
providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute,
In subsections (5) and (6) “specified” means specified in the order concerned.
On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (a) above, to the restrictions imposed by section 29(1) and (3) below on the making of orders for a transfer of property in favour of children who have attained the age of eighteen.
an order that a party to the marriage shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion;
an order that a settlement of such property as may be so specified, being property to which a party to the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage and of the children of the family or either or any of them;
an order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the parties to the marriage ,other than one in the form of a pension arrangement (within the meaning of section 25D below);
an order extinguishing or reducing the interest of either of the parties to the marriage under any such settlement , other than one in the form of a pension arrangement (within the meaning of section 25D below);
The court may make an order under subsection (1)(c) above notwithstanding that there are no children of the family.
Without prejudice to the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel, where an order is made under this section on or after making a divorce or nullity of marriage order, neither the order under this section nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
When considering whether to make or vary an order under section 22ZA, the court must have regard to—
the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future,
the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future,
the subject matter of the proceedings, including the matters in issue in them,
whether the paying party is legally represented in the proceedings,
any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise,
the applicant's conduct in relation to the proceedings,
any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and
the effect of the order or variation on the paying party.
In subsection (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire.
For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to—
cause undue hardship to the paying party, or
prevent the paying party from obtaining legal services for the purposes of the proceedings.
The Lord Chancellor may by order amend this section by adding to, omitting or varying the matters mentioned in subsections (1) to (3).
An order under subsection (4) must be made by statutory instrument.
A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section “legal services” has the same meaning as in section 22ZA.
It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 , 24A , 24B or 24E above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.
the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future ;
the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party to the marriage and the duration of the marriage;
any physical or mental disability of either of the parties to the marriage;
the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring ;
As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 , 24A , 24B or 24E above in relation to a party to the marriage, the court shall in particular have regard to the following matters—
the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party to the marriage and the duration of the marriage;
any physical or mental disability of either of the parties to the marriage;
the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit ... which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above in relation to a child of the family, the court shall in particular have regard to the following matters—
the financial needs of the child;
the income, earning capacity (if any), property and other financial resources of the child;
any physical or mental disability of the child;
the manner in which he was being and in which the parties to the marriage expected him to be educated or trained;
the considerations mentioned in relation to the parties to the marriage in paragraphs (a), (b), (c) and (e) of subsection (2) above.
As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above against a party to a marriage in favour of a child of the family who is not the child of that party, the court shall also have regard—
to whether that party assumed any responsibility for the child’s maintenance, and, if so, to the extent to which, and the basis upon which, that party assumed such responsibility and to the length of time for which that party discharged such responsibility;
to whether in assuming and discharging such responsibility that party did so knowing that the child was not his or her own;
to the liability of any other person to maintain the child.
Where an application for a divorce, nullity of marriage or judicial separation order has been made, then, subject to subsection (2) below, proceedings for maintenance pending suit under section 22 above, for a financial provision order under section 23 above, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the presentation of the application.
Rules of court may provide, in such cases as may be prescribed by the rules—
that applications for any such relief as is mentioned in subsection (1) above shall be made in the application or response; and
that applications for any such relief which are not so made, or are not made until after the expiration of such period following the presentation of the application or filing of the response as may be so prescribed, shall be made only with the leave of the court.
Where the court makes an order under section 22ZA or makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.
Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include—
provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and
provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.
Where an order is made under subsection (1) above on or after the making of a divorce or nullity of marriage order, the order under subsection (1) is not to take effect unless the divorce or nullity of marriage order has been made final.
Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.
Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of , or formation of a civil partnership by, that person.
Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 25(1) below.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.
A pension sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final.
A pension sharing order under this section may not be made in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
A pension sharing order under this section may not be made in relation to shareable state scheme rights if—
such rights are the subject of a pension sharing order in relation to the marriage, or
such rights have been the subject of pension sharing between the parties to the marriage.
A pension sharing order under this section may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 41 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs), or under corresponding Northern Ireland legislation.
On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make a pension compensation sharing order in relation to the marriage.
A pension compensation sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final.
A pension compensation sharing order under this section may not be made in relation to rights to PPF compensation that—
are the subject of pension attachment,
derive from rights under a pension scheme that were the subject of pension sharing between the parties to the marriage,
are the subject of pension compensation attachment, or
are or have been the subject of pension compensation sharing between the parties to the marriage.
For the purposes of subsection (3)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
The first condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(4), and
that order, as modified under section 25E(3), remains in force.
The second condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(7), and
that order—
has been complied with, or
has not been complied with and, as modified under section 25E(5), remains in force.
The third condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25C, and
that order remains in force.
For the purposes of subsection (3)(b), rights under a pension scheme “were the subject of pension sharing between the parties to the marriage” if the rights were at any time the subject of a pension sharing order in relation to the marriage or a previous marriage between the same parties.
For the purposes of subsection (3)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of section 25F relating to them.
For the purposes of subsection (3)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the parties to the marriage” if they are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.
Where on or after the making of a divorce or nullity of marriage order the court decides to exercise its powers under section 23(1)(a), (b) or (c), 24 or , 24A , 24B or 24E above in favour of a party to the marriage, it shall be the duty of the court to consider whether it would be appropriate so to exercise those powers that the financial obligations of each party towards the other will be terminated as soon after the making of the order as the court considers just and reasonable.
Where the court decides in such a case to make a periodical payments or secured periodical payments order in favour of a party to the marriage, the court shall in particular consider whether it would be appropriate to require those payments to be made or secured only for such term as would in the opinion of the court be sufficient to enable the party in whose favour the order is made to adjust without undue hardship to the termination of his or her financial dependence on the other party.
Where on or after the making of a divorce or nullity of marriage order an application is made by a party to the marriage for a periodical payments or secured periodical payments order in his or her favour, then, if the court considers that no continuing obligation should be imposed on either party to make or secure periodical payments in favour of the other, the court may dismiss the application with a direction that the applicant shall not be entitled to make any further application in relation to that marriage for an order under section 23(1)(a) or (b) above.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
The matters to which the court is to have regard under section 25(2) above include— and, accordingly, in relation to benefits under a pension arrangement, section 25(2)(a) above shall have effect as if “in the foreseeable future” were omitted.
in the case of paragraph (a), any benefits under a pension arrangement which a party to the marriage has or is likely to have, and
in the case of paragraph (h), any benefits under a pension arrangement which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring,
In any proceedings for a financial provision order under section 23 above in a case where a party to the marriage has, or is likely to have, any benefit under a pension scheme, the court shall, in addition to considering any other matter which it is required to consider apart from this subsection, consider—
whether, having regard to any matter to which it is required to have regard in the proceedings by virtue of subsection (1) above, such an order (whether deferred or not) should be made, and
where the court determines to make such an order, how the terms of the order should be affected, having regard to any such matter.
The following provisions apply where, having regard to any benefits under a pension arrangement, the court determines to make an order under section 23 above.
To the extent to which the order is made having regard to any benefits under a pension arrangement, the order may require the person responsible for the pension arrangement in question, if at any time any payment in respect of any benefits under the arrangement becomes due to the party with pension rights, to make a payment for the benefit of the other party.
The order must express the amount of any payment required to be made by virtue of subsection (4) above as a percentage of the payment which becomes due to the party with pension rights.
Any such payment by the person responsible for the arrangement—
shall discharge so much of his liability to the party with pension rights as corresponds to the amount of the payment, and
shall be treated for all purposes as a payment made by the party with pension rights in or towards the discharge of his liability under the order.
Where the party with pension rights has a right of commutation under the arrangement, the order may require him to exercise it to any extent; and this section applies to the any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of benefits under the arrangement.
The power conferred by subsection (7) above may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party.
The power conferred by subsection (4) or (7) above may not be exercised in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
In subsection (1) above, references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.
The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of his death, power to make any of the following provision by the order.
The court may—
if the person responsible for the pension arrangement in question has power to determine the person to whom the sum, or any part of it, is to be paid, require him to pay the whole or part of that sum, when it becomes due, to the other party,
if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum,
in any other case, require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.
Any payment by the person responsible for the arrangement under an order made under section 23 above by virtue of this section shall discharge so much of his liability in respect of the party with pension rights as corresponds to the amount of the payment.
The powers conferred by this section may not be exercised in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
Where— the order shall have effect as if it had been made instead in respect of the person responsible for the new arrangement.
an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”) and the party with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of his rights under the first arrangement, and
the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,
The Lord Chancellor may by regulations— and regulations made by virtue of paragraph (e) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed person and approved by the Secretary of State.
in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the person responsible for a pension arrangement to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made,
make, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25B or 25C above in an order under section 23 above, provision about the rights or liabilities of the payer, the payee or the person to whom the payment was due,
require notices to be given in respect of changes of circumstances relevant to such orders which include provision made by virtue of sections 25B and 25C above,
make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25B or 25C above,
make provision for the trustees or managers of any pension scheme to provide, for the purposes of orders under section 23 above, information as to the value of any benefits under the scheme,
make provision for the recovery of the administrative expenses of— from the party with pension rights or the other party,
complying with such orders, so far as they include provision made by virtue of sections 25B and 25C above, and
providing such information,
make provision about calculation and verification in relation to the valuation of— for the purposes of the court’s functions in connection with the exercise of any of its powers under this Part of this Act.
benefits under a pension arrangement, or
shareable state scheme rights,
Regulations under subsection (2)(e) above may include—
provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and
provision by reference to regulations under section 30 or 49(4) of the Welfare Reform and Pensions Act 1999.
Regulations under subsection (2) above may make different provision for different cases.
Power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and sections 25B and 25C above—
“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;
“the party with pension rights” means the party to the marriage who has or is likely to have benefits under a pension arrangement and “the other party” means the other party to the marriage;
“ prescribed ” means prescribed by regulations.
an occupational pension scheme,
an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and
an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;
In this section and sections 25B and 25C above, references to the person responsible for a pension arrangement are—
in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,
in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity, and
in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer.
The matters to which the court is to have regard under section 25(2) include— and, accordingly, in relation to PPF compensation, section 25(2)(a) shall have effect as if “in the foreseeable future” were omitted.
in the case of paragraph (a), any PPF compensation to which a party to the marriage is or is likely to be entitled, and
in the case of paragraph (h), any PPF compensation which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring entitlement to,
Subsection (3) applies in relation to an order under section 23 so far as it includes provision made by virtue of section 25B(4) which—
imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter, and
was made before the trustees or managers of the scheme received the transfer notice in relation to the scheme.
The order is to have effect from the time when the trustees or managers of the scheme receive the transfer notice—
as if, except in prescribed descriptions of case—
references in the order to the trustees or managers of the scheme were references to the Board, and
references in the order to any pension or lump sum to which the party with pension rights is or may become entitled under the scheme were references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum, and
subject to such other modifications as may be prescribed.
Subsection (5) applies to an order under section 23 if—
it includes provision made by virtue of section 25B(7) which requires the party with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and
before the requirement is complied with the Board has assumed responsibility for the scheme as mentioned in subsection (2)(a).
From the time the trustees or managers of the scheme receive the transfer notice, the order is to have effect with such modifications as may be prescribed.
Regulations may modify section 25C as it applies in relation to an occupational pension scheme at any time when there is an assessment period in relation to the scheme.
Where the court makes a pension sharing order in respect of a person’s shareable rights under an occupational pension scheme, or an order which includes provision made by virtue of section 25B(4) or (7) in relation to such a scheme, the Board subsequently assuming responsibility for the scheme as mentioned in subsection (2)(a) does not affect—
the powers of the court under section 31 to vary or discharge the order or to suspend or revive any provision of it, or
on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.
Regulations may make such consequential modifications of any provision of, or made by virtue of, this Part as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this section.
In this section—
“ assessment period ” means an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection) (see sections 132 and 159 of that Act) or an equivalent period under any provision in force in Northern Ireland corresponding to that Part;
“ occupational pension scheme ” has the same meaning as in the Pension Schemes Act 1993;
Any power to make regulations under this section is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where, having regard to any PPF compensation to which a party to the marriage is or is likely to be entitled, the court determines to make an order under section 23.
To the extent to which the order is made having regard to such compensation, the order may require the Board of the Pension Protection Fund, if at any time any payment in respect of PPF compensation becomes due to the party with compensation rights, to make a payment for the benefit of the other party.
The order must express the amount of any payment required to be made by virtue of subsection (2) as a percentage of the payment which becomes due to the party with compensation rights.
Any such payment by the Board of the Pension Protection Fund—
shall discharge so much of its liability to the party with compensation rights as corresponds to the amount of the payment, and
shall be treated for all purposes as a payment made by the party with compensation rights in or towards the discharge of that party's liability under the order.
Where the party with compensation rights has a right to commute any PPF compensation, the order may require that party to exercise it to any extent; and this section applies to any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of PPF compensation.
The power conferred by subsection (5) may not be exercised for the purpose of commuting compensation payable to the party with compensation rights to compensation payable to the other party.
The power conferred by subsection (2) or (5) may not be exercised in relation to rights to PPF compensation that—
derive from rights under a pension scheme that were at any time the subject of a pension sharing order in relation to the marriage, or a previous marriage between the same parties, or
are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.
The Lord Chancellor may by regulations—
make provision, in relation to any provision of section 25F which authorises the court making an order under section 23 to require the Board of the Pension Protection Fund to make a payment for the benefit of the other party, as to the person to whom, and the terms on which, the payment is to be made;
make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25F in an order under section 23, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;
require notices to be given in respect of changes of circumstances relevant to orders under section 23 which include provision made by virtue of section 25F;
make provision for the Board of the Pension Protection Fund to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25F;
make provision about calculation and verification in relation to the valuation of PPF compensation for the purposes of the court's functions in connection with the exercise of any of its powers under this Part.
Regulations under subsection (1)(e) may include—
provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person;
provision by reference to regulations under section 112 of the Pensions Act 2008.
Regulations under subsection (1) may make different provision for different cases.
The power to make regulations under subsection (1) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and section 25F—
Either party to a marriage may apply to the court for an order under this section on the ground that the other party to the marriage (in this section referred to as the respondent)—
has failed to provide reasonable maintenance for the applicant, or
to provide reasonable maintenance for the applicant, or
to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family to whom this section applies;
has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.
for the applicant in a case where, by reason of the impairment of the applicant's earning capacity through age, illness or disability of mind or body, and having regard to any resources of the applicant and the respondent respectively which are, or should properly be made, available for the purpose, it is reasonable in all the circumstances to expect the respondent so to provide or contribute, or
for any child of the family to whom this section applies.
The court may not entertain an application under this section unless—
the applicant or the respondent is domiciled in England and Wales on the date of the application;
the applicant has been habitually resident there throughout the period of one year ending with that date; or
the respondent is resident there on that date.
Where an application under this section is made on the ground mentioned in subsection (1)(a) above, then, in deciding— the court shall have regard to all the circumstances of the case including the matters mentioned in section 25(2) above, and where an application is also made under this section in respect of a child of the family who has not attained the age of eighteen, first consideration shall be given to the welfare of the child while a minor.
whether the respondent has failed to provide reasonable maintenance for the applicant, and
what order, if any, to make under this section in favour of the applicant,
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
Where the child of the family to whom the application under this section relates is not the child of the respondent, then, in deciding— the court shall have regard to the matters mentioned in section 25(3) above.
whether the respondent has been guilty of wilful neglect to provide, or to make a proper contribution towards, reasonable maintenance for the child, and
what order, if any, to make under this section in favour of the child,
In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
Where on an application under this section it appears to the court that the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application, the court may make an interim order for maintenance, that is to say, an order requiring the respondent to make to the applicant until the determination of the application such periodical payments as the court thinks reasonable.
Where on an application under this section the applicant satisfies the court of any ground mentioned in subsection (1) above, the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen.
an order that the respondent shall make to the applicant such periodical payments, for such term, as may be specified in the order;
an order that the respondent shall secure to the applicant, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that the respondent shall pay to the applicant such lump sum as may be so specified;
an order that the respondent shall make to such person as may be specified in the order for the benefit of the child to whom the application relates, or to that child, such periodical payments, for such term, as may be so specified;
an order that the respondent shall secure to such person as may be so specified for the benefit of that child, or to that child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that the respondent shall pay to such person as may be so specified for the benefit of that child, or to that child, such lump sum as may be so specified;
Where an application under this section is made on the ground mentioned in subsection (1)(b) above then, in deciding— the court shall have regard to all the circumstances of the case including the matters mentioned in section 25(3)(a) to (e) above, and where the child of the family to whom the application relates is not the child of the respondent, including also the matters mentioned in section 25(4) above.
whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and
what order, if any, to make under this section in favour of the child,
Without prejudice to the generality of subsection (6)(c) or (f) above, an order under this section for the payment of a lump sum—
may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met;
may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
In relation to an application under this section on the ground mentioned in subsection (1)(a) above, section 25(2)(c) above shall have effect as if for the reference therein to the breakdown of the marriage there were substituted a reference to the failure to provide reasonable maintenance for the applicant, and in relation to an application under this section on the ground mentioned in subsection (1)(b) above, section 25(2)(c) above (as it applies by virtue of section 25(3)(e) above) shall have effect as if for the reference therein to the breakdown of the marriage there were substituted a reference to the failure to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates.
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An application for the variation under section 31 of this Act of a periodical payments order or secured periodical payments order made under this section in favour of a child may, if the child has attained the age of sixteen, be made by the child himself.
Where a periodical payments order made in favour of a child under this section ceases to have effect on the date on which the child attains the age of sixteen or at any time after that date but before or on the date on which he attains the age of eighteen, then if, on an application made to the court for an order under this subsection, it appears to the court that— the court shall have power by order to revive the first mentioned order from such date as the court may specify, not being earlier than the date of the making of the application, and to exercise its power under section 31 of this Act in relation to any order so revived.
the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or
there are special circumstances which justify the making of an order under this subsection,
Subject in the case of an order made on or after the making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits, that is to say—
in the case of a periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the periodical payments order is made; and
in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the secured periodical payments order is made.
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the making of a divorce or nullity of marriage order, and the marriage in question is subsequently dissolved or annulled but the periodical payments or secured periodical payments order continues in force, that order shall, notwithstanding anything in it, cease to have effect on the remarriage of , or formation of a civil partnership by, that party, except in relation to any arrears due under it on the date of the remarriage or formation of the civil partnership.
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the making of a divorce or nullity of marriage order, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the periodical payments or secured periodical payments order
If after the grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership, that party shall not be entitled to apply, by reference to the grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
Subject to subsection (3) below, no financial provision order and no order for a transfer of property under section 24(1)(a) above shall be made in favour of a child who has attained the age of eighteen.
The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with subsection (5) or (6) below but—
shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (construed in accordance with section 8 of the Education Act 1996) unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date; and
shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday.
Subsection (1) above, and paragraph (b) of subsection (2), shall not apply in the case of a child, if it appears to the court that—
there are special circumstances which justify the making of an order without complying with either or both of those provisions.
the child is, or will be, or if an order were made without complying with either or both of those provisions would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or
Any periodical payments order in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death.
Where—
a maintenance calculation (“the current calculation”) is in force with respect to a child; and
an application is made under Part II of this Act for a periodical payments or secured periodical payments order in favour of that child— the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.
in accordance with section 8 of the Child Support Act 1991, and
before the end of the period of 6 months beginning with the making of the current calculation
For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—
the date 6 months before the application is made; or
the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.
Where— the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect ..., or any later date.
a maintenance calculation ceases to have effect ... by or under any provision of the Child Support Act 1991; and
an application is made, before the end of the period of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect ...,
In subsection (7)(b) above—
where the maintenance calculation ceased to have effect, the relevant date is the date on which it so ceased; ...
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Where the court decides to make a financial provision order requiring any payments to be secured or a property adjustment order—
it may direct that the matter be referred to one of the conveyancing counsel of the court for him to settle a proper instrument to be executed by all necessary parties; and
where the order is to be made in proceedings for divorce, nullity of marriage or judicial separation it may, if it thinks fit, defer the making of the divorce, nullity of marriage or judicial separation order until the instrument has been duly executed.
Where the court has made an order to which this section applies, then, subject to the provisions of this section and of section 28(1A) above, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
This section applies to the following orders, that is to say—
any order for maintenance pending suit and any interim order for maintenance;
any periodical payments order;
any secured periodical payments order;
any order made by virtue of section 23(3)(c) or 27(7)(b) above (provision for payment of a lump sum by instalments;
any order for a settlement of property under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above, being an order made on or after the making of a judicial separation order;
any deferred order made by virtue of section 23(1)(c) (lump sums) which includes provision made by virtue of— (provision in respect of pension rights) or pension compensation rights
section 25B(4), ...
section 25C, or
section 25F(2),
any order made under section 24A(1) above for the sale of property
a pension sharing order under section 24B above , or a pension compensation sharing order under section 24E above, which is made at a time before the divorce or nullity of marriage order has been made final.
The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.
Where the court has made an order referred to in subsection (2)(a), (b) or (c) above, then, subject to the provisions of this section, the court shall have power to remit the payment of any arrears due under the order or of any part thereof.
The court shall not exercise the powers conferred by this section in relation to an order for a settlement under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above except on an application made in proceedings—
for the rescission of the judicial separation order by reference to which the order was made, or
for the dissolution of the marriage in question.
Where the court has made an order referred to in subsection (2)(dd)(ii) above, this section shall cease to apply to the order on the death of either of the parties to the marriage
Subject to subsections (7A) to (7G) below and without prejudice to any power exercisable by virtue of subsection (2)(d), (dd) , (e) or (g) above or otherwise than by virtue of this section, no property adjustment order or pension sharing order or pension compensation sharing order shall be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a party to a marriage or in favour of a child of the family) under section 23 above, and no order for the payment of a lump sum shall be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a party to a marriage (whether made under section 23 or under section 27 above).
Where the person liable to make payments under a secured periodical payments order has died, an application under this section relating to that order (and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order. or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out.
In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen, and the circumstances of the case shall include any change in any of the matters to which the court was required to have regard when making the order to which the application relates, and—
in the case of a periodical payments or secured periodical payments order made on or after the making of a divorce or nullity of marriage order, the court shall consider whether in all the circumstances and after having regard to any such change it would be appropriate to vary the order so that payments under the order are required to be made or secured only for such further period as will in the opinion of the court be sufficient (in the light of any proposed exercise by the court, where the marriage has been dissolved, of its powers under subsection (7B) below) to enable the party in whose favour the order was made to adjust without undue hardship to the termination of those payments;
in a case where the party against whom the order was made has died, the circumstances of the case shall also include the changed circumstances resulting from his or her death.
In relation to an order which falls within paragraph (g) of subsection (2) above (“the subsection (2) order”)—
the powers conferred by this section may be exercised—
only on an application made before the subsection (2) order has or, but for paragraph (b) below, would have taken effect; and
only if, at the time when the application is made, the divorce or nullity of marriage order has not been made final; and
an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with.
The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (6) above on the ground that they ought to have taken into account the possibility that the court might permit an application under this section to be made after that period by the person entitled to payments under the order; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
No variation of a pension sharing order or a pension compensation sharing order, shall be made so as to take effect before the divorce or nullity of marriage order is made final.
The following are to be left out of account when considering for the purposes of subsection (6) above when representation was first taken out—
a grant limited to settled land or to trust property,
any other grant that does not permit any of the estate to be distributed,
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
a grant, or its equivalent, made outside the United Kingdom (but see subsection (9A) below).
The variation of a pension sharing order or a pension compensation sharing order, prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.
Subsection (7B) below applies where, after the dissolution of a marriage, the court—
discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or
varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.
The court has power, in addition to any power it has apart from this subsection, to make supplemental provision consisting of any of—
an order for the payment of a lump sum in favour of a party to the marriage;
one or more property adjustment orders in favour of a party to the marriage;
one or more pension sharing orders;
a pension compensation sharing order;
a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for—
a periodical payments or secured periodical payments order, or
an extension of the period to which the original order is limited by any variation made by the court.
An order for the payment of a lump sum made under subsection (7B) above may—
provide for the payment of that sum by instalments of such amount as may be specified in the order; and
require the payment of the instalments to be secured to the satisfaction of the court.
Section 23(6) above applies where the court makes an order for the payment of a lump sum under subsection (7B) above as it applies where the court makes such an order under section 23 above.
If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above.
Sections 24A and 30 above apply where the court makes a property adjustment order under subsection (7B) above as they apply where it makes such an order under section 24 above.
Subsections (3) to (5) of section 24B above apply in relation to a pension sharing order under subsection (7B) above as they apply in relation to a pension sharing order under that section.
Subsections (3) to (10) of section 24E above apply in relation to a pension compensation sharing order under subsection (7B) above as they apply in relation to a pension compensation sharing order under that section.
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (9) above, but is to be taken as dated on the date of sealing.
Where the court, in exercise of its powers under this section, decides to vary or discharge a periodical payments or secured periodical payments order, then, subject to section 28(1) and (2) above, the court shall have power to direct that the variation or discharge shall not take effect until the expiration of such period as may be specified in the order.
Where—
a periodical payments or secured periodical payments order in favour of more than one child (“the order”) is in force;
the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;
a maintenance calculation (“the calculation”) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and
an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order, the court may, in exercise of its powers under this section to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which the calculation took effect or any later date.
Where— the court may, in exercise of its powers under this section to vary or discharge the spousal order, direct that the variation or discharge shall take effect from the date on which the child order became so affected or any later date.
an order (“the child order”) of a kind prescribed for the purposes of section 10(1) of the Child Support Act 1991 is affected by a maintenance calculation;
on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order (“the spousal order”) in favour of a party to a marriage having the care of the child in whose favour the child order was made; and
an application is made, before the end of the period of 6 months beginning with the date on which the maintenance calculation was made, for the spousal order to be varied or discharged,
For the purposes of subsection (12) above, an order is affected if it ceases to have effect or is modified by or under section 10 of the Child Support Act 1991.
Subsections (11) and (12) above are without prejudice to any other power of the court to direct that the variation of discharge of an order under this section shall take effect from a date earlier than that on which the order for variation or discharge was made.
The power to make regulations under subsection (4C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
A person shall not be entitled to enforce through the High Court or the family court the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.
The court hearing an application for the grant of leave under this section may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of the arrears or of any part thereof.
An application for the grant of leave under this section shall be made in such manner as may be prescribed by rules of court.
Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of— the amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.
a change in the circumstances of the person entitled to, or liable to make, payments under the order since the order was made, or
the changed circumstances resulting from the death of the person so liable,
This section applies to the following orders, that is to say—
any order for maintenance pending suit and any interim order for maintenance;
any periodical payments order; and
any secured periodical payments order.
An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives.
An application under this section may be made in proceedings in the High Court or the family court for— but when not made in such proceedings shall be made to the family court, and accordingly references in this section to the court are references to the High Court or the family court, as the circumstances require.
the variation or discharge of the order to which this section applies, or
leave to enforce, or the enforcement of, the payment of arrears under that order;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then—
that provision shall be void; but
any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 35 and 36 below), be binding on the parties to the agreement.
In this section and in section 35 below— “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.
" maintenance agreement " means any agreement in writing made, whether before or after the commencement of this Act, between the parties to a marriage, being—
in any other case, the managers of the scheme.
a separation agreement which contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements;
an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or
a separation agreement which contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements;
Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then ... either party may apply to the court ... for an order under this section.
Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation on divorce etc) and any regulations or order made under it, and
that by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made or, as the case may be, financial arrangements were omitted from it (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different, or, as the case may be, so as to contain, financial arrangements, or
that the agreement does not contain proper financial arrangements with respect to any child of the family,
a personal pension scheme,
by varying or revoking any financial arrangements contained in it, or
by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a child of the family,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case where the agreement includes no provision for periodical payments by either of the parties, an order inserting provision for the making by one of the parties of periodical payments for the maintenance of the other party or for the maintenance of any child of the family;
in a case where the agreement includes provision for the making by one of the parties of periodical payments, an order increasing or reducing the rate of, or terminating, any of those payments.
Where the court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the other party or by increasing the rate of the periodical payments which the agreement provides shall be made by one of the parties for the maintenance of the other, the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the agreement as altered by the order shall be such term as the court may specify, subject to the following limits, that is to say—
where the payments will not be secured, the term shall be so defined as not to extend beyond the death of either of the parties to the agreement or the remarriage of , or formation of a civil partnership by, the party to whom the payments are to be made;
where the payments will be secured, the term shall be so defined as not to extend beyond the death or remarriage of , or formation of a civil partnership by, that party.
Where the court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family or by increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child, then, in deciding the term for which under the agreement as altered by the order the payments, or as the case may be, the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of section 29(2) and (3) above as to age limits as if the order in question were a periodical payments or secured periodical payments order in favour of the child.
For the avoidance of doubt it is hereby declared that nothing in this section or in section 34 above affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Act) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
Where a maintenance agreement within the meaning of section 34 above provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3) below, apply to the ... court for an order under section 35 above.
An application under this section shall not, except with the permission of the ... court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
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If a maintenance agreement is altered by the court on an application made in pursuance of subsection (1) above, the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (2) above on the ground that they ought to have taken into account the possibility that the court might permit an application by virtue of this section to be made by the surviving party after that period; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
Section 31(9) above shall apply for the purposes of subsection (2) above as it applies for the purposes of subsection (6) of section 31.
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Notwithstanding anything in the preceding provisions of this Part of this Act, on an application for a consent order for financial relief the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of the prescribed information furnished with the application.
Subsection (1) above applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief.
In this section—
For the purposes of this section “financial relief” means relief under any of the provisions of sections 22, 23, 24, 24B, 27, 31 (except subsection (6)) and 35 above, and any reference in this section to defeating a person’s claim for financial relief is a reference to preventing financial relief from being granted to that person, or to that person for the benefit of a child of the family, or reducing the amount of any financial relief which might be so granted, or frustrating or impeding the enforcement of any order which might be or has been made at his instance under any of those provisions.
Where proceedings for financial relief are brought by one person against another, the court may, on the applicaton of the first-mentioned person— and an application for the purposes of paragraph (b) above shall be made in the proceedings for the financial relief in question.
if it is satisfied that the other party to the proceedings is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim;
if it is satisfied that the other party has, with that intention, made a reviewable disposition and that if the disposition were set aside financial relief or different financial relief would be granted to the applicant, make an order setting aside the disposition;
if it is satisfied, in a case where an order has been obtained under any of the provisions mentioned in subsection (1) above by the applicant against the other party, that the other party has, with that intention, made a reviewable disposition, make an order setting aside the disposition;
Where the court makes an order under subsection (2)(b) or (c) above setting aside a disposition it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
Any disposition made by the other party to the proceedings for financial relief in question (whether before or after the commencement of those proceedings) as is reviewable disposition for the purposes of subsection (2)(b) and (c) above unless it was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of the other party to defeat the applicant’s claim for financial relief.
Where an application is made under this section with respect to a disposition which took place less than three years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied— of defeating the applicant’s claim for financial relief, it shall be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating the applicant’s claim for financial relief.
in a case falling within subsection (2)(a) or (b) above, that the disposition or other dealing would (apart from this section) have the consequence, or
in a case falling within subsection (2)(c) above, that the disposition has had the consequence,
In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
This section does not apply to a disposition made before 1st January 1968.
Where— the person so liable or his or her personal representatives shall not be entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b) above against the person entitled to payments under the order or her or his personal representatives, but may instead make an application against that person or her or his personal representatives under this section.
a periodical payments or secured periodical payments order in favour of a party to a marriage (hereafter in this section referred to as “a payments order”) has ceased to have effect by reason of the remarriage of , or formation of a civil partnership by, that party, and
the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of the remarriage or formation of the civil partnership in the mistaken belief that the order was still subsisting,
On an application under this section the courtto which the application is made may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) above or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.
An application under this section may be made in proceedings in the High Court or the family court for leave to enforce, or the enforcement of, payment of arrears under the order in question, but when not made in such proceedings shall be made to the family court; and accordingly references in this section to the court are references to the High Court or the family court, as the circumstances require.
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An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
An officer of the family court, and the collecting officer under an attachment of earnings order made to secure payments under a payments order, shall not be liable— if, but only if, the act was one which he would have been under a duty to do had the payments order not so ceased to have effect and the act was done before notice in writing of the fact that the person so entitled had remarried or formed a civil partnership was given to him by or on behalf of that person, the person liable to make payments under the payments order or the personal representatives of either of those persons.
in the case of an officer of the family court, for any act done by him , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, after the date on which that order ceased to have effect by reason of the remarriage of , or formation of a civil partnership by, the person entitled to payments under it, and
in the case of the collecting officer, for any act done by him after that date in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with,
In this section “collecting officer”, in relation to an attachment of earnings order, means the officer of the High Court, or the officer of the family court, to whom a person makes payments in compliance with the order.
The fact that a settlement or transfer of property had to be made in order to comply with a property adjustment order shall not prevent that settlement or transfer from being a transaction in respect of which an order may be made under section 339 or 340 of the Insolvency Act 1986 (transactions at an undervalue and preferences.)
Where the court makes an order under this Part of this Act requiring payments (including a lump sum payment) to be made, or property to be transferred, to a party to a marriage and the court is satisfied that the person in whose favour the order is made (“P”) lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to the provisions of the order then, subject to any order, direction or authority made or given in relation to P under that Act, the court may order the payments to be made, or as the case may be, the property to be transferred, to such person (“D”) as it may direct.
In carrying out any functions of his in relation to an order made under subsection (1), D must act in P's best interests (within the meaning of that Act).
Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.
If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.
If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order.
In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.
Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.
In subsection (2) above, the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above.
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The Court shall not make absolute a decree of divorce or of nullity of marriage, or grant a decree of judicial separation, unless the court, by order, has declared that it is satisfied—
that for the purposes of this section there are no children of the family to whom this section applies ; or
that the only children who are or may be children of the family to whom this section applies are the children named in the order and that—
arrangements for the welfare of every child so named have been made and are satisfactory or are the best that can be devised in the circumstances; or
it is impracticable for the party or parties appearing before the court to make any such arrangements; or
that there are circumstances making it desirable that the decree should be made absolute or should be granted, as the case may be, without delay notwithstanding that there are or may be children of the family to whom this section applies and that the court is unable to make a declaration in accordance with paragraph (b) above.
The court shall not make an order declaring that it is satisfied as mentioned in subsection (1)(c) above unless it has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children named in the order before the court within a specified time.
If the court makes absolute a decree of divorce or of nullity of marriage, or grants a decree of judicial separation, without having made an order under subsection (1) above the decree shall be void but, if such an order was made, no person shall be entitled to challenge the validity of the decree on the ground that the conditions prescribed by subsections (1) and (2) above were not fulfilled.
If the court refuses to make an order under subsection (1) above in any proceedings for divorce, nullity of marriage or judicial separation, it shall, on an application by either party to the proceedings, make an order declaring that it is not satisfied as mentioned in that subsection.
This section applies to the following children of the family, that is to say— and the court may give such a direction if it is of opinion that there are special circumstances which make it desirable in the interest of the child that this section should apply to him.
any minor child of the family who at the date of the order under subsection (1) above is—
under the age of sixteen, or
receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also in gainful employment; and
any other child of the family to whom the court by an order under that subsection directs that this section shall apply;
In this section " welfare ", in relation to a child, includes the custody and education of the child and financial provision for him.
The court may make such order as it thinks fit for the custody and education of any child of the family who is under the age of eighteen— and in any case in which the court has power by virtue of this subsection to make an order in respect of a child it may instead, if it thinks fit, direct that proper proceedings be taken for making the child a ward of court.
in any proceedings for divorce, nullity of marriage or judicial separation, before or on granting a decree or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute);
where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal;
Where the court makes an order under section 27 above, the court shall also have power to make such order as it thinks fit with respect to the custody of any child of the family who is for the time being under the age of eighteen; but the power conferred by this subsection and any order made in exercise of that power shall have effect only as respects any period when an order is in force under that section and the child is under that age.
Where the court grants or makes absolute a decree of divorce or grants a decree of judicial separation, it may include in the decree a declaration that either party to the marriage in question is unfit to have the custody of the children of the family.
Where a decree of divorce or of judicial separation contains such a declaration as is mentioned in subsection (3) above, then, if the party to whom the declaration relates is a parent of any child of the family, that party shall not, on the death of the other parent, be entitled as of right to the custody or the guardianship of that child.
Where an order in respect of a child is made under this section, the order shall not affect the rights over or with respect to the child of any person, other than a party to the marriage in question, unless the child is the child of one or both of the parties to that marriage and that person was a party to the proceedings on the application for an order under this section.
The power of the court under subsection (1)(a) or (2) above to make an order with respect to a child shall be exercisable from time to time ; and where the court makes an order under subsection (1)(b) above with respect to a child it may from time to time until that child attains the age of eighteen make a further order with respect to his custody and education.
The court shall have power to vary or discharge an order made under this section or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
Where the court has jurisdiction by virtue of this Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parties to the marriage or to any other individual, the court may if it thinks fit make an order committing the care of the child to the council of a county other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London (hereafter in this section referred to as " the local authority "); and thereupon Part II of the Children Act 1948 (which relates to the treatment of children in the care of a local authority) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 1 of that Act.
The authority specified in an order under this section shall be the local authority for the area in which the child was, in the opinion of the court, resident before the order was made to commit the child to the care of a local authority, and the court shall before making an order under this section hear any representations from the local authority, including any representations as to the making of a financial provision order in favour of the child.
While an order made by virtue of this section is in force with respect to a child, the child shall continue in the care of the local authority notwithstanding any claim by a parent or other person.
An order made by virtue of this section shall cease to have effect as respects any child when he becomes eighteen, and the court shall not make an order committing a child to the care of a local authority under this section after he has become seventeen.
In the application of Part II of the Children Act 1948 by virtue of this section—
the exercise by the local authority of their powers under sections 12 to 14 of that Act (which among other things relate to the accommodation and welfare of a child in the care of a local authority) shall be subject to any directions given by the court; and
section 17 of that Act (which relates to arrangements for the emigration of such a child) shall not apply.
It shall be the duty of any parent or guardian of a child committed to the care of a local authority under this section to secure that the local authority are informed of his address for the time being, and a person who knowingly fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding ten pounds.
The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
So long as by virtue of paragraph 13 of Schedule 4 to the Children and Young Persons Act 1969 sections 15 and 16 of the Children Act 1948 continue to apply in relation to a local authority, subsection (5)(a) above shall have effect in relation to that authority as if for the reference to sections 12 to 14 of the last-mentioned Act there were substituted a reference to sections 12 to 16 of that Act.
Subject to the following provisions of this subsection, until 1st April 1974 subsection (1) above shall have effect as if for the words " other than a metropolitan county, or of a metropolitan district" there were substituted the words " county borough " . An order (or orders) made under section 273(2) of the Local Government Act 1972 (orders bringing provisions of that Act into force before 1st April 1974) may appoint an earlier date (or, as the case may be, different dates for different purposes or areas) on which subsection (1) above shall cease to have effect as mentioned above.
Where the court has jurisdiction by virtue of this Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of an officer appointed under this section as a welfare officer or under the supervision of a local authority.
Where the court makes an order under this section for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the Secretary of State ; and where the order is for supervision by a local authority, that authority shall be the council of a county other than a metropolitan county, or of a metropolitan district or London borough selected by the court and specified in the order or, if the Common Council of the City of London is so selected and specified, that Council.
The court shall not have power to make an order under this section as respects a child who in pursuance of an order under section 43 above is in the care of a local authority.
Where a child is under the supervision of any person in pursuance of this section the jurisdiction possessed by a court to vary any financial provision order in the child's favour or any order made with respect to his custody or education under this Part of this Act shall, subject to any rules of court, be exercisable at the instance of that court itself.
The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
Subject to the following provisions of this subsection, until 1st April 1974 subsection (2) above shall have effect as if for the words " other than a metropolitan county, or of a metropolitan district" there were substituted the words " county borough " . An order (or orders) made under section 273(2) of the Local Governmment Act 1972 may appoint an earlier date (or, as the case may be, different dates for different purposes or areas) on which subsection (2) above shall cease to have effect as mentioned above.
Any person who is a British subject, or whose right to be deemed a British subject depends wholly or in part on his legitimacy or on the validity of any marriage, may, if he is domiciled in England and Wales or in Northern Ireland or claims any real or personal estate situate in England and Wales, apply by petition to the High Court for a decree declaring that he is the legitimate child of his parents, or that the marriage of his father and mother or of his grandfather and grandmother was a valid marriage or that his own marriage was a valid marriage.
Any person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may apply by petition to the High Court, or may apply to a county court in the manner prescribed by county court rules, for a decree declaring that he or his parent or remoter ancestor, as the case may be, became or has become a legitimated person. In this subsection " legitimated person" means a person legitimated by the Legitimacy Act 1926, and includes a person recognised under section 8 of that Act as legitimated.
Where an application under subsection (2) above is made to a county court, the county court, if it considers that the case is one which owing to the value of the property involved or otherwise ought to be dealt with by the High Court, may, and if so ordered by the High Court shall, transfer the matter to the High Court; and on such a transfer the proceeding shall be continued in the High Court as if it had been originally commenced by petition to the court.
Any person who is domiciled in England and Wales or in Northern Ireland or claims any real or personal estate situate in England and Wales may apply to the High Court for a decree declaring his right to be deemed a British subject.
Applications to the High Court under the preceding provisions of this section may be included in the same petition, and on any application under the preceding provisions of this section the High Court or, as the case may be, the county court shall make such decree as it thinks just, and the decree shall be binding on Her Majesty and all other persons whatsoever, so however that the decree shall not prejudice any person—
if it is subsequently proved to have been obtained by fraud or collusion ; or
unless that person has been given notice of the application in the manner prescribed by rules of court or made a party to the proceedings or claims through a person so given notice or made a party.
A copy of every application under this section and of any affidavit accompanying it shall be delivered to the Attorney-General at least one month before the application is made, and the Attorney-General shall be a respondent on the hearing of the application and on any subsequent proceedings relating thereto.
Where any application is made under this section, such persons as the court hearing the application thinks fit shall, subject to rules of court, be given notice of the application in the manner prescribed by rules of court, and any such persons may be permitted to become parties to the proceedings and to oppose the application.
No proceedings under this section shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
The court hearing an application under this section may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this subsection shall be heard in camera unless the court otherwise directs.
Without prejudice to any jurisdiction exercisable by the court apart from this section, the court shall have jurisdiction to entertain proceedings by a wife, notwithstanding that the husband is not domiciled in England and Wales.—
in the case of any proceedings under this Act (other than proceedings under section 19 or sections 34 to 36), if—
the wife has been deserted by her husband, or
the husband has been deported from the United Kingdom under any law for the time being in force relating to deportation, and the husband was immediately before the desertion or deportation domiciled in England and Wales;
in the case of proceedings for divorce or nullity of marriage, if—
the wife is resident in England and Wales and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings, and
the husband is not domiciled in any other part of the United Kingdom or in the Channel Islands or the Isle of Man.
In any proceedings in which the court has jurisdiction by virtue of subsection (1) above the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in England and Wales at the time of the proceedings.
A court in England and Wales shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person.
In this section “matrimonial relief” means—
any order under Part I of this Act;
a financial provision order under section 27 above;
an order under section 35 above altering a maintenance agreement;
an order under any provision of this Act which confers a power exercisable in connection with, or in connection with proceedings for, any such ... order as is mentioned in paragraphs (a) to (c) above;
an order under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978.
an order under Part III of the Matrimonial and Family Proceedings Act 1984;
In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage ;
Provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any additional spouse of a party to the marriage in question; and
for conferring on any such additional spouse the right to be heard in the proceedings,
The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.
In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the court is satisfied that in the interests of justice any such evidence ought to be heard in open court.
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Rules of court may make provision... with respect to the joinder as parties to proceedings under this Act of persons involved in allegations of ... improper conduct made in those proceedings, and with respect to the dismissal from such proceedings of any parties so joined; and rules of court made by virtue of this subsection may make different provision for different cases.
In every case in which the court considers, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just.
The authority having power to make rules of court for the purposes of— shall, subject to the exceptions listed in subsection (2) below, be the Lord Chancellor together with any four or more of the following persons, namely, the President of the Family Division, one puisne judge attached to that division, one registrar of the divorce registry, two Circuit judges, one registrar appointed under the County Courts Act 1959, two practising barristers being members of the General Council of the Bar and two practising solicitors of whom one shall be a member of the Council of the Law Society and the other a member of the Law Society and also of a local law society. All the members of the authority, other than the Lord Chancellor himself and the President of the Family Division, shall be appointed by the Lord Chancellor for such time as he may think fit.
this Act, the Matrimonial Causes Act 1967 (which confers jurisdiction on county courts in certain matrimonial proceedings), section 45 of the Courts Act 1971 (transfer of matrimonial proceedings between High Court and county court, etc.) and sections 26 to 28A of the Matrimonial Causes Act 1965 (maintenance of survivor from estate of deceased former spouse);
proceedings in the High Court or a divorce county court for an order under section 7 of the Matrimonial Homes Act 1967 (transfer of protected or statutory tenancy under Rent Act 1968 on dissolution or annulment of marriage);
certain other proceedings in the High Court, that is to say—
proceedings in the High Court under section 17 of the Married Women's Property Act 1882, not being proceedings in the divorce registry treated by virtue of rules made under this section for the purposes of section 45 of the Courts Act 1971 as pending in a county court;
proceedings in the High Court under section 1 of the Matrimonial Homes Act 1967 (rights of occupation of matrimonial home for spouse not otherwise entitled);
proceedings in which the only substantive relief sought is a declaration with respect to a person's matrimonial status; or
any enactment passed after this Act which relates to any matter dealt with in this Act, the Matrimonial Causes Act 1967 or sections 26 to 28A of the Matrimonial Causes Act 1965 ;
The following shall be excepted from the purposes mentioned in subsection (1) above—
proceedings in a county court in the exercise of a jurisdiction exercisable by any county court whether or not it is a divorce county court, that is to say, proceedings in a county court under section 32, 33, 36, 38 or 45 above or under section 26 or 27 of the Matrimonial Causes Act 1965 ;
section 47 above, in so far as it relates to proceedings in a county court under section 45 above or to proceedings for an order under the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ;
any enactment passed after this Act in so far as it relates to proceedings in a county court in the exercise of any such jurisdiction as is mentioned in paragraph (a) above or to any aspect of section 47 above which is excepted by paragraph (b) above.
Rules of court made under this section may apply, with or without modification, any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925, the County Courts Act 1959 or any other enactment and— and, without prejudice to the generality of the preceding provisions, may make with respect to proceedings in a divorce county court any provision regarding the Official Solicitor or any solicitor of the Supreme Court which could be made by rules of court with respect to proceedings in the High Court.
may modify or exclude the application of any such rules or of any provision of the County Courts Act 1959;
may provide for the enforcement in the High Court of orders made in a divorce county court;
The power to make rules of court by virtue of subsection (1) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section " divorce county court" means a county court designated under section 1 of the Matrimonial Causes Act 1967 and " divorce registry " means the principal registry of the Family Division of the High Court.
In this Act— ... “child”, in relation to one or both of the parties to a marriage, includes an illegitimate ... child of that party or, as the case may be, of both parties; “child of the family”, in relation to the parties to a marriage, means— a child of both of those parties; and any other child, not being a child who is placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family; “the court” (except where the context otherwise requires) means the High Court or the family court; ... “education” includes training. “maintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section. ...
" adopted " means adopted in pursuance of—
a retirement annuity contract,
Without prejudice to the provisions of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals)—
nothing in any repeal made by this Act shall affect any order or rule made, direction given or thing done, or deemed to have been made, given or done, under any enactment repealed by this Act, and every such order, rule, direction or thing shall, if in force at the commencement of this Act, continue in force and, so far as it could have been made, given or done under this Act, be deemed to have been made, given or done under the corresponding provisions of this Act; and
any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.
Without prejudice to paragraph 1 above, but subject to paragraph 3 below, any application made or proceeding begun, or deemed to have been made or begun, under any enactment repealed by this Act, being an application or proceeding which is pending at the commencement of this Act, shall be deemed to have been made or begun under the corresponding provision of this Act.
Nothing in Part I of this Act shall apply in relation to any petition for divorce or judicial separation presented before 1st January 1971 and notwithstanding any repeal or amendment made by this Act the Matrimonial Causes Act 1965 (hereafter in this Schedule referred to as the Act of 1965) and any rules of court made for the purposes of that Act shall continue to have effect in relation to proceedings on any such petition which are pending at the commencement of this Act as they had effect immediately before the commencement of this Act.
Notwithstanding any repeal or amendment made by this Act, the Act of 1965 and any rules of court made for the purposes of that Act shall continue to have effect in relation to— as they had effect immediately before the commencement of this Act; and nothing in Schedule 2 below shall affect the operation of any other enactment in relation to any such proceedings.
any proceedings on a petition for damages for adultery or for restitution of conjugal rights presented before 1st January 1971 which are pending at the commencement of this Act, and
any proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 brought in connection with proceedings on a petition for restitution of conjugal rights so presented, being proceedings for relief which are themselves pending at the commencement of this Act,
Nothing in any repeal made by this Act shall affect any order made, or deemed to have been made, under the Act of 1965 which was continued in force by paragraph 1 of Schedule 1 to the Matrimonial Proceedings and Property Act 1970 notwithstanding the repeal by the last-mentioned Act of the provision of the Act of 1965 under which the order had effect, and every such order shall, if in force at the commencement of this Act, continue in force subject to the provisions of this Act.
Nothing in sections 11 to 14 or 16 of this Act affects any law or custom relating to the marriage of members of the Royal Family.
Nothing in section 50(1)(a) or (c) above affects— but rules of court made under section 50 may revoke any rules of court made under the said Act of 1925 in so far as they apply for any such purposes.
any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925 for the purposes of proceedings under section 39 of the Act of 1965 and having effect by virtue of paragraph 1(b) above in relation to proceedings under section 45 above;
any rules of court so made for the purposes of proceedings under section 17 of the Married Women’s Property Act 1882 or under section 1 of the Matrimonial Homes Act 1967; or
any rules of court so made for the purposes of the exercise by the High Court of its jurisdiction to grant declaratory relief in proceedings in which the only substantive relief sought is a declaration with respect to a person’s matrimonial status;
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at the time when the agreement was made the respondent had deserted the petitioner without cause ; or
the court is satisfied that the circumstances in which the agreement was made and the parties proceeded to live separate and apart were such as, but for the agreement, to amount to desertion of the petitioner by the respondent.
Where the party chargeable under a maintenance agreement within the meaning of section 34 above died before 17th August 1957, then—
subsection (1) of that section shall not apply to the agreement unless there remained undistributed on that date assets of that party’s estate (apart from any property in which he had only a life interest) representing not less than four-fifths of the value of that estate for probate after providing for the discharge of the funeral, testamentary and administrative expenses, debts and liabilities payable thereout (other than any liability arising by virtue of that subsection); and
nothing in that subsection shall render liable to recovery, or impose any liability upon the personal representatives of that party in respect of, any part of that party’s estate which had been distributed before that date.
No right or liability shall attach by virtue of section 34(1) above in respect of any sum payable under a maintenance agreement within the meaning of that section in respect of a period before 17th August 1957.
Subject to sub-paragraphs (2) and (3) below, a marriage celebrated before 1st August 1971 shall (without prejudice to any other grounds on which a marriage celebrated before that date is by law void or voidable) be voidable on the ground— In relation to a marriage celebrated before 1st November 1960, for heads (ii) and (iii) of sub-paragraph (1)(b) above shall be substituted the following heads—. The court shall not grant a decree of nullity in a case falling within sub-paragraph (1) (b), (c) or (d) above unless it is satisfied that— and where the proceedings with respect to the marriage are instituted after 31st July 1971 the application of section 13(1) above in relation to the marriage shall be without prejudice to the preceding provisions of this sub-paragraph. The court shall not make a nullity of marriage order in a case falling within sub-paragraph (1)(e) above unless it is satisfied that proceedings were instituted within six months from the date of issue of the interim gender recognition certificate. Nothing in this paragraph shall be construed as validating a marriage which is by law void but with respect to which no decree of nullity or nullity of marriage order has been made.
Where a decree of nullity was granted on or before 31st July 1971 in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled shall be deemed to be their legitimate child.
Section 18(2) above shall not apply in a case where the death occurred before 1st August 1970, but section 20(3) of the Act of 1965 (which provides that certain property of a wife judicially separated from her husband shall devolve, on her death intestate, as if her husband had then been dead) shall continue to apply in any such case.
Any decree of divorce, nullity of marriage or judicial separation which, apart from this paragraph, would be void or voidable on the ground only that the provisions of section 33 of the Act of 1965 (restriction on the making of decrees of dissolution or separation where children are affected) or of section 2 of the Matrimonial Proceedings (Children) Act 1958 (corresponding provision replaced by section 33) had not been complied with when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless—
the court declared the decree to be void before 1st January 1971, or
in proceedings for the annulment of the decree pending at that date the court has before the commencement of this Act declared or after that commencement declares the decree to be void.
An order made, or deemed to have been made, under section 16(1)(a) or (b) of the Act of 1965 (including either of those paragraphs as applied by section 16(3) or by section 19) shall, notwithstanding anything in the order, cease to have effect on the remarriage after the commencement of this Act of the person in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage. An order for the payment of alimony made, or deemed to have been made, under section 20 of the Act of 1965, and an order made, or deemed to have been made, under section 21 or 22 of that Act shall, if the marriage of the parties to the proceedings in which the order was made was or is subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the commencement of this Act of the party in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage.
Section 38 above shall apply in relation to an order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) and by section 19), 20(1), 21 or 22 of the Act of 1965 as it applies in relation to a periodical payments or secured periodical payments order in favour of a party to a marriage.
Subject to the provisions of this paragraph, section 31 above shall apply, as it applies to the orders mentioned in subsection (2) thereof, to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the following provisions of the Act of 1965, that is to say— Subject to the provisions of this paragraph, the court hearing an application for the variation of an order made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in sub-paragraph (1) above shall have power to vary that order in any way in which it would have power to vary it had the order been made under the corresponding provision of Part II of this Act. Section 31, as it applies by virtue of sub-paragraph (1) above, shall have effect as if for subsections (4), (5) and (6) there were substituted the following subsections—; and in that section, as it so applies, the reference in subsection (8) to a secured periodical payments order shall be construed as a reference to any such order as is mentioned in subsection (6). In relation to an order made before 16th December 1949 on or after granting a decree of divorce or nullity of marriage and deemed, by virtue of paragraph 1 of Schedule 1 to the Act of 1965, to have been made under section 16(1)(a) of that Act (secured provision), the powers conferred by this paragraph shall not be exercised unless the court is satisfied that the case is one of exceptional hardship which cannot be met by discharge, variation or suspension of any other order made by reference to that decree, being an order made, or deemed by virtue of that paragraph to have been made, under section 16(1)(b) of that Act (unsecured periodical payments).
Subsections (1) and (3) of section 31 above shall apply to an order made or deemed to have been made under section 15 of the Act of 1965 in its application to proceedings for restitution of conjugal rights, or under section 21 or 34(1)(c) of that Act, as they apply to the orders mentioned in subsection (2) of section 31. In exercising the powers conferred by virtue of this paragraph the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates.
Section 42(7) above shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 34 of the Act of 1965, and in relation to an order for the custody of a child made or deemed to have been made under section 35 of that Act, as it applies in relation to an order made under section 42.
The power of the court under section 23(1) or (2)(a) or 42(1)(a) above to make from time to time a financial provision order or, as the case may be, an order for custody or education in relation to a child of the family shall be exercisable notwithstanding the making of a previous order or orders in relation to the child under section 34(1)(a) of the Act of 1965; and where the court has made an order in relation to a child under section 34(1)(b) of that Act sections 23(4) and 42(6) above shall apply respectively in relation to that child as if the order were an order made under section 23(2)(b) or section 42(1)(b), as the case may be.
Where the court has made an order under section 22 of the Act of 1965 the court shall have the like power to make orders under section 42 above with respect to the custody of any child of the family as it has where it makes an order under section 27 above.
Section 32 above shall apply in relation to the enforcement, by proceedings begun after 1st January 1971 (whether before or after the commencement of this Act), of the payment of arrears due under an order made, or deemed to have been made, under any of the following provisions of the Act of 1965, that is to say— as it applies in relation to the enforcement of the payment of arrears due under any such order as is mentioned in that section.
section 15;
section 16(1) (including that subsection as applied by section 16(3) and by section 19);
section 20(1);
section 21;
section 22;
section 34(1), in so far as it relates to the maintenance of a child, and section 34(3);
Section 33 above shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in paragraph 22 above as it applies to the orders mentioned in section 33(2).
Section 37 above shall apply in relation to proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 continuing by virtue of paragraph 4(b) above as it applies in relation to proceedings for relief under any of the provisions of this Act specified in section 37(1). Without prejudice to sub-paragraph (1) above, section 37 shall also apply where an order has been obtained under any of the following provisions of the Act of 1965, that is to say— as it applies where an order has been obtained under any of the provisions of this Act specified in section 37(1).
Sections 43 and 44 above shall apply where the court has jurisdiction by virtue of paragraph 4(b) above to make an order for the custody of a child under section 34(1)(c) of the Act of 1965 as they apply where the court has jurisdiction to make an order for custody under Part III of this Act, but as if the reference in section 43(2) to a financial provision order in favour of the child were a reference to an order for payments for the maintenance and education of the child. Without prejudice to the effect of paragraph 1(a) of this Schedule in relation to an order made under section 36 or 37 of the Act of 1965 which could have been made under section 43 or, as the case may be, section 44 above, any order made under section 36 or 37 of that Act by virtue of the jurisdiction of the court to make an order for the custody of a child under section 34(1)(c) of that Act shall be deemed to have been made under section 43 or 44 above, as the case may require.
Section 44(4) above shall apply in relation to the jurisdiction possessed by a court to vary an order made or deemed to have been made with respect to a child’s custody, maintenance or education under Part III of the Act of 1965 as it applies in relation to the jurisdiction possessed by a court to vary any financial provision order in a child’s favour and any order made with respect to a child’s custody or education under Part III of this Act.
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In section 2(1) of the Limitation (Enemies and War Prisoners) Act 1945, in the definition of “statute of limitation” for the words “subsection (1) of section seven of the Matrimonial Causes Act 1937” there shall be substituted the words “ section 13(2) of the Matrimonial Causes Act 1973 and paragraph 11(3) of Schedule 1 to that Act ”.
In section 16 of the Maintenance Orders Act 1950 (orders enforceable under Part II of that Act)— Sub-paragraph (1) above extends to Scotland and Northern Ireland, and the references to section 16(2)(c) of the Maintenance Orders Act 1950 in paragraph 8 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 9 of Schedule 1 to the Attachment of Earnings Act 1971 shall be construed as references to section 16(2)(c) as amended by sub-paragraph (1)(b) above.
In section 109(2) of the County Courts Act 1959 (proceedings in which appeals on questions of fact are to lie) the following paragraph shall be inserted after paragraph (f) (in place of the paragraph inserted by section 34(2) of the Matrimonial Proceedings and Property Act 1970):—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 42 of that Act (provisions as to condonation), at the beginning of subsections (1) and (3) there shall be inserted the words “ For the purposes of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ”.
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In subsection (1) of section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain proceedings) for the words in paragraph (a) “section 39 of the Matrimonial Causes Act 1965” there shall be substituted the words “ section 45 of the Matrimonial Causes Act 1973 ”, the following paragraph shall be substituted for the paragraph (c) inserted in the subsection by paragraph 3 of Schedule 2 to the Matrimonial Proceedings and Property Act 1970:—; subsection (2) of that section shall be omitted, and the references in subsection (3) of that section to subsection (1) and to subsection (1)(a) thereof shall be construed as references to subsection (1) and to subsection (1)(a) as they respectively have effect by virtue of this sub-paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7 of the Family Law Reform Act 1969 (committal of wards of court to care of local authority and supervision of wards of court)—
in subsection (3), for the words “section 36 of the Matrimonial Causes Act 1965” there shall be substituted the words “ section 43 of the Matrimonial Causes Act 1973 ”;
in subsection (4), for the words from “subsections (2)” to “1965” there shall be substituted the words “ section 44(2) of the Matrimonial Causes Act 1973 ”.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 8 to that Act (as it applies to define maintenance orders both for the purposes of Part II of that Act and for the purposes of the Maintenance Orders Act 1958) the following paragraph shall be inserted after paragraph 2:—.
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in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs:—;
in subsection (6), after the word "under" there shall be inserted the words " section 50 of the Matrimonial Causes Act 1973 for the purposes of "; and
subsection (7) shall be omitted.
In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) for paragraph 3 there shall be substituted the following paragraph—.
in the case of a scheme established under a trust, the trustees of the scheme, and
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" child of the family ", in relation to the parties to a marriage, means—
a child of both of those parties; and
any provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland.
“ the party with compensation rights ” means the party to the marriage who is or is likely to be entitled to PPF compensation, and “ the other party ” means the other party to the marriage;
In this Act—
references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above;
references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above.
references to pension sharing orders shall be construed in accordance with section 21A above; and
For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.
Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.
References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.
Schedule 1 to this Act shall have effect for the purpose of—
the transition to the provisions of this Act from the law in force before the commencement of this Act;
the preservation for limited purposes of certain provisions superseded by provisions of this Act or by enactments repealed and replaced by this Act; and
the assimilation in certain respects to orders under this Act of orders made, or deemed to have been made, under the Matrimonial Causes Act 1965.
In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—
a reference to a divorce order includes a decree of divorce,
a reference to a nullity of marriage order includes a decree of nullity of marriage;
a reference to a judicial separation order includes a decree of judicial separation;
a reference to making includes granting;
a reference to an order being made final includes a decree being made absolute.
Subject to the provisions of Schedule 1 to this Act—
the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act or on enactments repealed by this Act; and
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The amendment of any enactment by Schedule 2 to this Act shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
This Act may be cited as the Matrimonial Causes Act 1973.
This Act shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.
Subject to the provisions of paragraphs 3(2) ... of Schedule 2 below, this Act does not extend to Scotland or Northern Ireland.
Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1.1974 The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 1 substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 1, 8(3)(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 2 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 2 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 3 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 3 substituted (with saving) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 1, 46(1), 48(2), Sch. 2 Words in s. 3(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(b) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 3(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(c) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 4 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 4 (with s. 8(4)); S.I. 2022/283, reg. 2 S. 5 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 5 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 6(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 29 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) Words in s. 6(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 6(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(b) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 8(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 9(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(3)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) Words in s. 9(1)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(3)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) Word in s. 9(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(d) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(a) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(b) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10(2)-(3A) substituted for s. 10(2) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(c) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10(4)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(d)(iii) (with s. 8(4)); S.I. 2022/283, reg. 2 S. 10A inserted (24.2.2003) by Divorce (Religious Marriages) Act 2002 (c. 27), ss. 1(1), 2(2); S.I. 2003/186, art. 2 Words in s. 10A heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(a) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(i) (with s. 8(4)); S.I. 2022/283, reg. 2 Word in s. 10A(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(c)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(d) (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 10A(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) S. 10A(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e) Words in s. 11 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(2) Words substituted by virtue of Marriage Act 1983 (c. 32, SIF 49:1), s. 12(1) Words substituted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 6(4) Word in s. 11(a)(ii) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 3 (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17) Word in s. 11(a)(ii) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a) S. 11(a)(iia) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(4), 81(2); S.I. 2024/846, reg. 2(a) Words in s. 11(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 40; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 11(c) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 27; S.I. 2014/93, art. 3(k)(ii) Words in s. 11 substituted (8.1.1996) by 1995 c. 42, ss. 8(2), 16(2), Sch. para. 2(2) (with s. 8(1)(3)) S. 12 renumbered as s. 12(1) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(2); S.I. 2014/93, art. 3(j)(i) Words in s. 12 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(3) Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 34 S. 12(g) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 2; S.I. 2005/54, art. 2 S. 12(h) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 5; S.I. 2005/54, art. 2 S. 12(2) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(3); S.I. 2014/93, art. 3(j)(i) S. 12A inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 6(4) S. 12B inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 12 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 13(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(2)(c) (with s. 8(6)); S.I. 2022/283, reg. 2 S. 13(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(2), 48(2) Words in s. 13(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(3) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(2)(3)(4) substituted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 6; S.I. 2005/54, art. 2 S. 13(2A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 3; S.I. 2005/54, art. 2 Words in s. 13(2A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(4) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 13(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(5)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(5)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 S. 13(4)(5) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(3), 48(2) Words in s. 13(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(6)(a) (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 13(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(6)(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in s. 14(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 14(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(3); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 15 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 14 (with s. 8(6)); S.I. 2022/283, reg. 2 Word in s. 16 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(2); S.I. 2022/283, reg. 2 S. 16 renumbered as s. 16(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(3); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(a); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(b); S.I. 2022/283, reg. 2 Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(c); S.I. 2022/283, reg. 2 S. 16(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(5); S.I. 2022/283, reg. 2 S. 17(1)-(1B) substituted for s. 17(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(2), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 17(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(3), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(a), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(b), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 18(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(a) (with s. 8(5)); S.I. 2022/283, reg. 2 Words in s. 18(2) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(b) (with s. 8(5)); S.I. 2022/283, reg. 2 S. 19 omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 1 (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(2)) S. 20 and cross-heading omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 17 (with s. 8(4)); S.I. 2022/283, reg. 2 Words in s. 21(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(a); S.I. 2022/283, reg. 2 S. 21(3) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 18(b); S.I. 2022/283, reg. 2 S. 21A and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 2; S.I. 2000/1116, art. 2 Ss. 21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 2; S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 22 renumbered as s. 22(1) (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(1)(a), 151(1); S.I. 2013/773, art. 2 Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 19(a) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 19(b) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 S. 22(2)(3) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(1)(b), 151(1); S.I. 2013/773, art. 2 S. 22ZA inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 49(2), 151(1); S.I. 2013/773, art. 2 S. 22ZB inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 50, 151(1); S.I. 2013/773, art. 2 Words in s. 23(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(2); S.I. 2022/283, reg. 2 Words in s. 23(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(3) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words in s. 23(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(4); S.I. 2022/283, reg. 2 S. 23(6) added by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 16, 77(1) S. 23(7) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(5) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 24(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(2); S.I. 2022/283, reg. 2 Words in s. 24(1)(c)(d) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 3; S.I. 2000/1116, art. 2 Words in s. 24(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(3); S.I. 2022/283, reg. 2 S. 24(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(4); S.I. 2022/283, reg. 2 S. 24A inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 7 Words in s. 24A(1) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 51, 151(1); S.I. 2013/773, art. 2 Words in s. 24A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 22(2); S.I. 2022/283, reg. 2 Words in s. 24A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 42; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 24A(6) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 11 S. 24A(7) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 22(3); S.I. 2022/283, reg. 2 S. 24B and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 Words in s. 24B(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(2); S.I. 2022/283, reg. 2 Words in s. 24B(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(3); S.I. 2022/283, reg. 2 S. 24B(6) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(4); S.I. 2022/283, reg. 2 S. 24C and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 S. 24D and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2 Ss. 24E-24G inserted (6.3.2011 for the insertion of s. 24F and 6.4.2011 otherwise) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 3; S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2 Words in s. 24E(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(2); S.I. 2022/283, reg. 2 Words in s. 24E(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(3); S.I. 2022/283, reg. 2 S. 24E(11) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(4); S.I. 2022/283, reg. 2 Ss. 25, 25A substituted for s. 25 by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 3, 48(2) Words in s. 25 heading substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(2); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 5(a); S.I. 2000/1116, art. 2 Words in s. 25(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(2) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 5(b); S.I. 2000/1116, art. 2 Words in s. 25(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25(2)(h) omitted (1.8.1996) by virtue of 1995 c. 26, s. 166(2); S.I. 1996/1675, art. 3(b) Words in s. 25A heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(2); S.I. 2022/283, reg. 2 Ss. 25, 25A substituted for s. 25 by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 3, 48(2) Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(3)(a); S.I. 2022/283, reg. 2 Words in s. 25A(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 19, 89, Sch. 3 para. 6; S.I. 2000/1116, art. 2 Words in s. 25A(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 5; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(3)(b); S.I. 2022/283, reg. 2 Words in s. 25A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(4); S.I. 2022/283, reg. 2 S. 25A(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(5); S.I. 2022/283, reg. 2 S. 25B inserted (1.8.1996 with effect as mentioned in S.I. 1996/1675, art. 4) by 1995 c. 26, s. 166(1); S.I. 1996/1675, art. 3(b) Words in s. 25B(1)(a)(b) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(2); S.I. 2000/1116, art. 2 S. 25B(2) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, 88, Sch. 4 para. 1(3), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 Word in s. 25B(3) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(4); S.I. 2000/1116, art. 2 Words in s. 25B(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(5)(a); S.I. 2000/1116, art. 2 Words in s. 25B(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(5)(b); S.I. 2000/1116, art. 2 S. 25B(5) substituted (11.11.1999 for certain puropses and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 4 para. 1(6); S.I. 2000/1116, art. 2 Words in s. 25B(6) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(7)(a); S.I. 2000/1116, art. 2 Words in s. 25B(6)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(7)(b); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(8)(a); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(8)(b); S.I. 2000/1116, art. 2 Words in s. 25B(7) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, Sch. 4 para. 1(8)(c); S.I. 2000/1116, art. 2 S. 25B(7A)-(7C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 1(9); S.I. 2000/1116, art. 2 S. 25C inserted (1.8.1996 with effect as mentioned in S.I. 1996/1675) by 1995 c. 26, s. 166(1); S.I. 1996/1675, art. 3(b) Word in s. 25C(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(2); S.I. 2000/1116, art. 2 Words in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(i); S.I. 2000/1116, art. 2 Word in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(ii); S.I. 2000/1116, art. 2 Words in s. 25C(2)(c) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(b); S.I. 2000/1116, art. 2 Words in s. 25C(3) substituted (11.11.1999 for certain puurposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(a); S.I. 2000/1116, art. 2 Words in s. 25C(3) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(b); S.I. 2000/1116, art. 2 S. 25C(4) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(5); S.I. 2000/1116, art. 2 S. 25D inserted (27.6.1996 in relation to the insertion of s. 25D(2)(3)(4) and 1.8.1996 otherwise) by 1995 c. 26, s. 166(1); S.I. 1995/1675, art. 3 S. 25D(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(2); S.I. 2000/1116, art. 2 Words in s. 25D(2) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(a); S.I. 2000/1116, art. 2 Words in s. 25D(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(b); S.I. 2000/1116, art. 2 S. 25D(2)(ab) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(c); S.I. 2000/1116, art. 2 S. 25D(2)(ba) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(d); S.I. 2000/1116, art. 2 S. 25D(2)(c)(d) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, 88, Sch. 4 para. 3(3)(e), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 S. 25D(2)(e) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(3)(f); S.I. 2000/1116, art. 2 Words in s. 25D(2) repealed (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, ss. 21, 88, Sch. 4 para. 3(3)(g), Sch. 13 Pt. II; S.I. 2000/1116, art. 2 S. 25D(2A)-(2C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(4); S.I. 2000/1116, art. 2 S. 25D(3)(4) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(1)(5); S.I. 2000/1116, art. 2 S. 25E inserted (1.1.2006) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 3; S.I. 2005/3331, art. 2(3), Sch. Pt. 3 (subject to art. 3) Words in s. 25E(9) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 6, Sch. 11 Pt. 4; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Ss. 25F, 25G inserted (6.3.2011 for the insertion of s. 25G and 6.4.2011 otherwise) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 7; S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2 Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(i) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(ii) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 26(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(c) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 S. 27(1) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(1), 89(2) S. 27(2)-(2B) substituted for s. 27(2) (31.12.2020) by S.I. 2019/519, Sch. para. 6(2) (with reg. 8) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(2)(3)(b)); 2020 c. 1, Sch. 5 para. 1(1) S. 27(3)(3A)(3B) substituted for s. 27(3)(4) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(2), 89(2) S. 27(3) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 4, 48(2) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 12(a) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(2), Sch. 1 para. 12(b Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(3), 89(2) S. 27(6A)(6B) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 63(4), 89(2) S. 27(6B) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), Sch. 2 para. 52 S. 27(8) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 3 Words in s. 28 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(5); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(1), 48(2) Words in s. 28(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(a); S.I. 2022/283, reg. 2 Words in s. 28(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(b); S.I. 2022/283, reg. 2 Words in s. 28(1)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(1)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(b); S.I. 2022/283, reg. 2 Words in s. 28(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(c)(i); S.I. 2022/283, reg. 2 Words in s. 28(1)(b) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(2)(c)(ii); S.I. 2022/283, reg. 2 S. 28(1A) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(2), 48(2) Words in s. 28(1A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(a); S.I. 2022/283, reg. 2 Words in s. 28(1A) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(b); S.I. 2022/283, reg. 2 Words in s. 28(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(4)(a); S.I. 2022/283, reg. 2 Words in s. 28(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(4)(b); S.I. 2022/283, reg. 2 Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(5)(a); S.I. 2022/283, reg. 2 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(3), 48(2) Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 28(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(5)(b); S.I. 2022/283, reg. 2 S. 28(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(6); S.I. 2022/283, reg. 2 Words in s. 29(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 1 Words in s. 29(2)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1)(4), Sch. 37 Pt. II para. 136; S.I. 1997/1623, art. 2 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(4), 48(2) S. 29(5)-(8) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 2 Words in s. 29(5)(a)(7)(8)(a) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 29(5)(a)(b)(ii)(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(b) (with s. 83(6)); S.I. 2003/192; art. 3, Sch. Words in s. 29(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(2)(c)(d) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 29(7) repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch. S. 29(8)(b) and word repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 30(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 28 (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(2), 48(2) S. 31(2)(dd) inserted (1.8.1996) by 1995 c. 26, s. 166(3)(a); S.I. 1996/1675, art. 3(b) Word in s. 31(2)(dd)(i) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(a), Sch. 11 Pt. 4; S.I. 2011/664, art. 2(3), Sch. Pt. 2 Word in s. 31(2)(dd)(ii) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 31(2)(dd)(iii) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(dd) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(e) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(2); S.I. 2022/283, reg. 2 S. 31(2)(f) inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 8(2)(a) S. 31(2)(g) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(2); S.I. 2000/1116, art. 2 Words in s. 31(2)(g) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(2)(g) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(3); S.I. 2022/283, reg. 2 S. 31(2A) inserted by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 51, 77(1) S. 31(2B) inserted (1.8.1996) by 1995 c. 26, s. 166(3)(b); S.I. 1996/1675, art. 3(b) Words in s. 31(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(4); S.I. 2022/283, reg. 2 S. 31(4A)-(4C) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(3); S.I. 2000/1116, art. 2 Words in s. 31(4A)(a)(ii) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(5); S.I. 2022/283, reg. 2 Words in s. 31(4B) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(4); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(4B) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(6); S.I. 2022/283, reg. 2 Words in s. 31(4C) inserted (6.3.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(5); S.I. 2011/664, art. 2(2), Sch. Pt. 1 Words in s. 31(5) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(5)(a) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 Words in s. 31(5) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise)by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(a); S.I. 2000/1116, art. 2 Words in s. 31(5) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(b); S.I. 2000/1116, art. 2 Words in s. 31(5) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(4)(c); S.I. 2000/1116, art. 2 Words in s. 31(5) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words substituted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 8(2)(b) S. 31(7) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(3), 48(2) Words in s. 31(7)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(7); S.I. 2022/283, reg. 2 Words in s. 31(7)(a) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(6)(b) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 S. 31(7A)-(7F) inserted (1.11.1998) by 1996 c. 27, s. 66(1), Sch. 8 Pt. I para. 16(7) (with Sch. 9 para. 5); S.I. 1998/2572, art. 3 (subject to art. 4) S. 31(7B)(ba) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(5); S.I. 2000/1116, art. 2 S. 31(7B)(bb) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(7); S.I. 2011/664, art. 2(3), Sch. Pt. 2 Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(i), 139(4) (with s. 18(6)) Word in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(8)(a), 139(4) Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(8)(b), 139(4) Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(ii), 139(4) (with s. 18(6)) Words in s. 31(7F) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(iii), 139(4) (with s. 18(6)) S. 31(7G) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(6) S. 31(7H) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(8); S.I. 2011/664, art. 2(3), Sch. Pt. 2 S. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 1 (with s. 12(4)); S.I. 2014/2039, art. 2 S. 31(10) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 6(4), 48(2) S. 31(11)-(14) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 3 Words in s. 31(11)(c)(12)(a)(c) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 31(11) substituted (3.3.2003 for specified purposes) by virtue of 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(3)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. S. 31(15) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 7(1)(7); S.I. 2000/1116, art. 2 S. 31(16) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(8); S.I. 2022/283, reg. 2 Words in s. 32(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 60; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 33(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 33(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 33(A) and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 7, 48(2) S. 33A and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 7, 48(2) Words in definition of “order for financial relief” in s. 33A(3) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 8; S.I. 2000/1116, art. 2 Words in s. 35(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(3)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) Words in s. 35(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 35(1A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) Words in s. 35(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Word in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 13(a) S. 35(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 35(4)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 44; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 36(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 36(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 36(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 36(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 36(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 37 inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 9; S.I. 2000/1116, art. 2(e) Words in s. 38 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 38(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 38(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(6) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) Words in s. 38(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words substituted by Insolvency Act 1985 (c. 65, SIF 66), ss. 235, 236, Sch. 8 para. 23, Sch. 9 para. 11(2) Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), ss. 439(2), 440, 441, Sch 14 S. 40 renumbered (1.10.2007) as s. 40(1) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(c) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) S. 40(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(d) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) S. 40A inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 10; S.I. 2000/1116, art. 2 S. 41 repealed (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(1)(a), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11) S. 42 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 12 para. 32, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 43 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 44 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) S. 45 repealed by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(2), 69, Sch. 2 S. 46 repealed by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 17(2), Sch. 6 Words in s. 47(1) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(a) (with s. 8(1)(3)) Word in s. 47(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(a) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 Words in s. 47(2)(d) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2 S. 47(2)(dd) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 15 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 2 para. 39 (with saving for an application made before 1.2.1981 under Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c. 48)); S.I. 1979/731, Sch. 2 para. 8 S.47(3) substituted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(5), Sch. 1 para. 14 S. 47(4) substituted (8.1.1996) by 1995 c. 42, ss. 8, 16(2), Sch. para. 3(b) (with s. 8(1)(3)) Word in s. 48(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 34; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) S. 49(1)-(3) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(2) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(3)(a) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(3)(b) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Words in s. 49(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(4) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 S. 50 repealed (14.10.1991) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3; S.I. 1991/1211, art. 2 S. 51 repealed (14.10.1991) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3; S.I. 1991/1211, art.2 Definition repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975 Words in s. 52(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 12 para. 33 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) Definition in s. 52(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 65(1) (with Sch. 11 para. 65(2)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Definition in s. 52(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2) Definition in s. 52(1) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4 Words in s. 52(1) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(4) (with s. 83(6)); S.I. 2003/192, art. 3, Sch. Words in s. 52(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1) S. 52(2)(aa) substituted for word in s. 52(2) (1.11.1999 for specified purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3 para. 11; S.I. 2000/1116, art. 2 S. 52(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 46; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5)) S. 52A inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 32; S.I. 2022/283, reg. 2 S. 54(1)(b) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Words repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) Sch. 1 para. 8 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(a) (with s. 8(4)(5)); S.I. 2022/283, reg. 2 Sch. 1 para. 11(1)(e) and word inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(2); S.I. 2005/54, art. 2 Sch. 1 para. 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(3); S.I. 2005/54, art. 2 Words in Sch. 1 para. 11(3A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(b) (with s. 8(6)); S.I. 2022/283, reg. 2 Words in Sch. 1 para. 11(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(c); S.I. 2022/283, reg. 2 Sch. 2 para. 1 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Sch. 2 para. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 26(3), Sch. Sch. 2 para. 6 repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3 Sch. 2 para. 7(2)(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII Sch. 2 para. 9 repealed by Child Care Act 1980 (c. 5), Sch. 6 Sch. 2 para. 10(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Sch. 2 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2). Sch. 2 para. 12 repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3 Sch. 3 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. VII S. 13(4) modified by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(2), 47(1), 48(2), Sch. 2 para. 2 S. 21A modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(a) S. 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(a), 48(2) S. 24A(2)(4)(5)(6) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(b), 48(2) S. 25B modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(b) S. 25B(6) modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 2 S. 25D(1) applied (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1984 c. 42, s. 21(3) (as amended by 1999 c. 30, s. 22(5); S.I. 2000/1116, art. 2) S. 28(1) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2) S. 28(2) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2) S. 29 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(d), 48(2) S. 30 extended except para. (b), by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(e), 48(2) S. 31(1) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(2)(a)–(d) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(2)(f) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(3)(5) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(6) amended by Forfeiture Act 1982 (c. 34, SIF 116:1, 2), ss. 3(2)(b), 7(3) S. 31(6) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 31(6) amended by Inheritance (Provisions for Family and Dependants) Act 1975 (c. 63), s. 18 S. 31(7)–(10) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(f), 48(2) S. 32 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(g), 48(2) S. 33 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(h), 48(2) S. 36(1) amended by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), s. 18 S. 36(1) amended by Forfeiture Act 1982 (c. 34, SIF 116:1, 2), ss. 3(2)(b), 7(3) S. 38 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(i), 48(2) S. 39 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(j), 48(2) S. 40 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(k), 48(2) Power of appointment conferred by s. 55(2) fully exercised: 1.1.1974 appointed by S.I. 1973/1972, art. 2 1960 c. 48. 1993 c. 48. 1988 c. 1 1986 c.45(66). 1978 c. 22. 1965 c. 72. 1978 c. 30. 1965 c. 72. 1970 c. 45. 1925 c. 49. 1882 c. 75. 1967 c. 75. 1959 c. 72. 1958 c. 40. 1945 c. 16. 1950 c. 37. 1950 c. 37. 1970 c. 31. 1971 c. 32. 1959 c. 22. 1970 c. 45. 1968 c. 63. 1969 c. 46. 1958 c. 39. 1971 c. 32 An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
Subject to section 3 below, a petition for divorce may be presented to the court by either party to a marriage on the ground that the marriage has broken down irretrievably.
Subject to section 3, either or both parties to a marriage may apply to the court for an order (a “divorce order”) which dissolves the marriage on the ground that the marriage has broken down irretrievably.
The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts, that is to say—
that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Act referred, to as " two years' separation ") and the respondent consents to a decree being granted;
that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (hereafter in this Act referred to as " five years' separation ").
An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably.
On a petition for divorce it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent.
The court dealing with an application under subsection (1) must—
take the statement to be conclusive evidence that the marriage has broken down irretrievably, and
make a divorce order.
If the court is satisfied on the evidence of any such fact as is mentioned in subsection (2) above, then, unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to sections 3(3) and 5 below, grant a decree of divorce.
A divorce order—
is, in the first instance, a conditional order, and
may not be made final before the end of the period of 6 weeks from the making of the conditional order.
Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant unless the High Court by general order from time to time fixes a shorter period, or unless in any particular case the court in which the proceedings are for the time being pending from time to time by special order fixes a shorter period than the period otherwise applicable for the time being by virtue of this subsection.
The court may not make a conditional order unless— and a party may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings.
in the case of an application that is to proceed as an application by one party to the marriage only, that party has confirmed to the court that they wish the application to continue, or
in the case of an application that is to proceed as an application by both parties to the marriage, those parties have confirmed to the court that they wish the application to continue;
The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (4)(b) or (5).
But the Lord Chancellor may not under subsection (6) provide for a period which would result in the total number of days in the periods for the purposes of subsections (4)(b) and (5) (taken together) exceeding 26 weeks.
In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (4)(b) or (5).
A statutory instrument containing an order under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both parties to a marriage to become an application by one party to the marriage only (including provision for a statement made under subsection (2) in connection with the application to be treated as made by one party to the marriage only).
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One party to a marriage shall not be entitled to rely for the purposes of section 1(2)(a) above on adultery committed by the other if, after it became known to him that the other had committed that adultery, the parties have lived with each other for a period exceeding, or periods together exceeding, six months.
Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but subsection (1) above does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining for the purposes of section 1(2)(a) above whether the petitioner finds it intolerable to live with the respondent.
Where in any proceedings for divorce the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of section 1(2)(b) above whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together was six months or less.
For the purposes of section 1(2)(c) above the court may treat a period of desertion as having continued at a time when the deserting party was incapable of continuing the necessary intention if the evidence before the court is such that, had that party not been so incapable, the court would have inferred that his desertion continued at that time.
In considering for the purposes of section 1(2) above whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding six months) or of any two or more periods (not exceeding six months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.
For the purposes of section 1(2)(d) and (e) above and this section a husband and wife shall be treated as living apart unless they are living with each other in the same household, and references in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
Provision shall be made by rules of court for the purpose of ensuring that where in pursuance of section 1(2)(d) above the petitioner alleges that the respondent consents to a decree being granted the respondent has been given such information as will enable him to understand the consequences to him of his consenting to a decree being granted and the steps which he must take to indicate that he consents to the grant of a decree.
An application for a divorce order may not be made before the expiration of the period of one year from the date of the marriage.
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If it appears to the court, at the hearing of a petition for divorce presented in pursuance of leave granted under subsection (2) above, that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court may—
dismiss the petition, without prejudice to any petition which may be brought after the expiration of the specified period upon the same facts, or substantially the same facts, as those proved in support of the dismissed petition; or
if it grants a decree, direct that no application to make the decree absolute shall be made during the specified period.
Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
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A person shall not be prevented from presenting a petition for divorce, or the court from granting a decree of divorce, by reason only that the petitioner or respondent has at any time, on the same facts or substantially the same facts as those proved in support of the petition, been granted a decree of judicial separation or an order under, or having effect as if made under, the Matrimonial Proceedings (Magistrates' Courts) Act 1960 or any corresponding enactments in force in Northern Ireland, the Isle of Man or any of the Channel Islands.
On a petition for divorce in such a case as is mentioned in subsection (1) above, the court may treat the decree or order as sufficient proof of any adultery, desertion or other fact by reference to which it was granted, but shall not grant a decree of divorce without receiving evidence from the petitioner.
Where a petition for divorce in such a case follows a decree of judicial separation or an order containing a provision exempting one party to the marriage from the obligation to cohabit with the other, for the purposes of that petition a period of desertion immediately preceding the institution of the proceedings for the decree or order shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition.
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The respondent to a petition for divorce in which the petitioner alleges five years' separation may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage.
Where the grant of a decree is opposed by virtue of this section, then— the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if of opinion that (the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all the circumstances be wrong to dissolve the marriage it shall dismiss the petition.
if the court finds that the petitioner is entitled to rely in support of his petition on the fact of five years' separation and makes no such finding as to any other fact mentioned in section 1(2) above, and
if apart from this section the court would grant a decree on the petition,
For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved.
Provision shall be made by rules of court for requiring the legal representative acting for an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged.
If at any stage of proceedings for a divorce order it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a reconciliation. The power conferred by the foregoing provision is additional to any other power of the court to adjourn proceedings.
Provision may be made by rules of court for enabling the parties to a marriage, or either of them, on application made when proceedings for a divorce order are contemplated or have begun, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.
In the case of an application for a divorce order —
the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Queen’s Proctor, who shall under the directions of the Attorney-General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued;
any person may at any time during the progress of the proceedings or before the divorce order is made final give information to the Queen’s Proctor on any matter material to the due decision of the case, and the Queen’s Proctor may thereupon take such steps as the Attorney-General considers necessary or expedient.
Where the Queen’s Proctor intervenes or shows cause against a conditional order in any proceedings for a divorce order, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by him of any costs incurred by any of those parties by reason of his so doing.
The Queen’s Proctor shall be entitled to charge as part of the expenses of his office—
the costs of any proceedings under subsection (1)(a) above;
where his reasonable costs of intervening or showing cause as mentioned in subsection (2) above are not fully satisfied by any order under that subsection, the amount of the difference;
if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (2).
Where a divorce order has been made but not made final, then, without prejudice to section 8 above, any person (excluding a party to the proceedings other than the Queen’s Proctor) may show cause why the order should not be made final by reason of material facts not having been brought before the court; and in such a case the court may—
notwithstanding anything in section 1(4) above (but subject to section 10(2) to (4) ... below) make the order final; or
rescind the order; or
require further inquiry; or
otherwise deal with the case as it thinks fit.
Where a divorce order has been made on an application by one party to a marriage and that party has not applied for the order to be made final, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the other party to the marriage may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.
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The following provisions of this section apply where—
on an application for a divorce order a conditional order has been made and—
the conditional order is in favour of one party to a marriage, or
the conditional order is in favour of both parties to a marriage but one of the parties has since withdrawn from the application, and
the respondent has applied to the court for consideration under subsection (3) of their financial position after the divorce.
Subject to subsection (4), the court hearing an application by the respondent under subsection (2) must not make the divorce order final unless it is satisfied—
that the applicant should not be required to make any financial provision for the respondent, or
that the financial provision made by the applicant for the respondent is reasonable and fair or the best that can be made in the circumstances.
The court may if it thinks fit makes the divorce order final notwithstanding the requirements of subsection (3) above if—
it appears that there are circumstances making it desirable that the order should be made final without delay, and
the court has obtained a satisfactory undertaking from the applicant that they will make such financial provision for the respondent as the court may approve.
In making a determination under subsection (3) the court must consider all the circumstances including—
the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage, and
the financial position of the respondent as, having regard to the divorce, it is likely to be after the death of the applicant should that person die first.
This section applies if a divorce order has been made but not made final and the parties to the marriage concerned—
were married in accordance with—
the usages of the Jews, or
any other prescribed religious usages; and
must co-operate if the marriage is to be dissolved in accordance with those usages.
On the application of either party, the court may order that a divorce order is not to be made final until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court.
An order under subsection (2)—
may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and
may be revoked at any time.
A declaration of a kind mentioned in subsection (2)—
must be in a specified form;
must, in specified cases, be accompanied by such documents as may be specified; and
must, in specified cases, satisfy such other requirements as may be specified.
The validity of a divorce order made by reference to such a declaration is not to be affected by any inaccuracy in that declaration.
“Prescribed” means prescribed in an order made by the Lord Chancellor after consulting the Lord Chief Justice and such an order—
must be made by statutory instrument;
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
“Specified” means specified in rules of court.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
A marriage celebrated after 31st July 1971 , other than a marriage to which section 12A applies, shall be void on the following grounds only, that is to say— For the purposes of paragraph (d) of this subsection a marriage is not polygamous if at its inception neither party has any spouse additional to the other.
that it is not a valid marriage under the provisions of the Marriage Acts 1949 to 1986 (that is to say where—
the parties are within the prohibited degrees of relationship;
either party is under the age of eighteen; ...
the parties have intermarried in disregard of certain requirements as to the formation of marriage);
the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or
that at the time of the marriage either party was already lawfully married or a civil partner;
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in the case of a polygamous marriage entered into outside England and Wales, that either party was at the time of the marriage domiciled in England and Wales.
that the marriage has not been consummated owing to the incapacity of either party to consummate it;
A marriage celebrated after 31st July 1971, other than a marriage to which section 12A applies, shall be voidable on the following grounds only, that is to say—
that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage;
that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.
that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;
Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a same sex couple.
that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage;
that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
The court shall not make a nullity of marriage order on the ground that a marriage is voidable if the respondent satisfies the court—
that the applicant, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
that it would be unjust to the respondent to make the order.
Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section unless—
it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or
leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below.
Without prejudice to subsections (1) and (2) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (e) , (f) or (h) of that section unless it is satisfied that the applicant was at the time of the marriage ignorant of the facts alleged.
Without prejudice to subsection (1) above, the court shall not make a nullity of marriage order by virtue of section 12 above on the ground mentioned in paragraph (g) of that section unless it is satisfied that proceedings were instituted within the period of six months from the date of issue of the interim gender recognition certificate.
In the case of proceedings for the making of a nullity of marriage order by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) , (f) or (h) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if—
he is satisfied that the applicant has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and
he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage.
This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013 Act and regulations made under that section.
A marriage which results from the purported conversion of a void civil partnership is void.
A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act.
In this section, the “2013 Act” means the Marriage (Same Sex Couples) Act 2013.
Subject to subsection (3) where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside England and Wales, nothing in section 11, 12 or 13(1) above shall—
preclude the determination of that matter as aforesaid; or
require the application to the marriage of the grounds or bar there mentioned except so far as applicable in accordance with those rules.
In the case of a marriage which purports to have been celebrated under the Foreign Marriage Acts 1892 to 1947 or has taken place outside England and Wales and purports to be a marriage under common law, section 11 above is without prejudice to any ground on which the marriage may be void under those Acts or, as the case may be, by virtue of the rules governing the celebration of marriages outside England and Wales under common law.
No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.
An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)—
is, in the first instance, a conditional order, and
may not be made final before the end of the period of 6 weeks from the making of the conditional order.
The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b).
But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months.
In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b).
A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 8 (intervention of Queen's Proctor) and section 9 (proceedings before divorce order has been made final: general powers of court) apply in relation to proceedings for a nullity of marriage order as if for any reference in those sections to a divorce order there were substituted a reference to a nullity of marriage order.
A nullity of marriage order granted in respect of a voidable marriage shall operate to annul the marriage only as respects any time after the order has been made final, and the marriage shall, notwithstanding the order, be treated as if it had existed up to that time.
Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution—
for “order has been made final,” of “decree has been made absolute,” and
for “notwithstanding the order,” of “notwithstanding the decree,
Either or both parties to a marriage may apply to the court for an order (a “judicial separation order”) which provides for the separation of the parties to the marriage.
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An application under subsection (1) must be accompanied by—
if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or
if the application is by both parties to the marriage, a statement by them that they seek to be judicially separated from one another.
Sections 6 and 7 above shall apply for the purpose of encouraging the reconciliation of parties to proceedings for a judicial separation order and of enabling the parties to a marriage to refer to the court for its opinion an agreement or arrangement relevant to actual or contemplated proceedings for a judicial separation order, as they apply in relation to proceedings for a divorce order.
The court dealing with an application under subsection (1) must make a judicial separation order.
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If while a decree of judicial separation or judicial separation order is in force and the separation is continuing either of the parties to the marriage dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.
Notwithstanding anything in section 2(1)(a) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960, a provision in force under an order made, or having effect as if made, under that section exempting one party to a marriage from the obligation to cohabit with the other shall not have effect as a decree of judicial separation for the purposes of subsection (2) above.
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Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may, subject to subsection (2) below, present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court may, if satisfied that such reasonable grounds exist, grant a decree of presumption of death and dissolution of the marriage.
A petition may be presented in pursuance of subsection (1) above—
in any case, if the petitioner is domiciled in England and Wales; and
in the case of a petition presented by a wife, if she is resident in England and Wales and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings.
In any proceedings under this section the fact that for a period of seven years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.
Sections 1(5), 8 and 9 above shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.
In determining for the purposes of this section whether a woman is domiciled in England and Wales, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living; and in any proceedings brought in pursuance of subsection (2)(b) above the issues shall be determined in accordance with the law which would be applicable thereto if both parties to the marriage were domiciled in England and Wales at the time of the proceedings.
It is hereby declared that neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings constitutes a bar to the grant of a decree under this section.
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The financial provision orders for the purposes of this Act are the orders for periodical or lump sum provision available (subject to the provisions of this Act) under section 23 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation and under section 27(6) below on proof of neglect by one party to a marriage to provide, or to make a proper contribution towards, reasonable maintenance for the other or a child of the family, that is to say— and references in this Act (except in paragraphs 17(1) and 23 of Schedule 1 below) to periodical payments orders, secured periodical payments orders, and orders for the payment of a lump sum are references to all or some of the financial provision orders requiring the sort of financial provision in question according as the context of each reference may require.
any order for periodical payments in favour of a party to a marriage under section 23(1)(a) or 27(6)(a) or in favour of a child of the family under section 23(1)(d), (2) or (4) or 27(6)(d);
any order for secured periodical payments in favour of a party to a marriage under section 23(1)(b) or 27(6)(b) or in favour of a child of the family under section 23(1)(e), (2) or (4) or 27(6)(e); and
any order for lump sum provision in favour of a party to a marriage under section 23(1)(c) or 27(6)(c) or in favour of a child of the family under section 23(1)(f), (2) or (4) or 27(6)(f);
The property adjustment orders for the purposes of this Act are the orders dealing with property rights available (subject to the provisions of this Act) under section 24 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family on or after the making of a divorce, nullity of marriage or judicial separation order, that is to say—
any order under subsection (1)(a) of that section for a transfer of property;
any order under subsection (1)(b) of that section for a settlement of property; and
any order under subsection (1)(c) or (d) of that section for a variation of settlement.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
For the purposes of this Act, a pension sharing order is an order which—
provides that one party’s— be subject to pension sharing for the benefit of the other party, and
shareable rights under a specified pension arrangement, or
shareable state scheme rights,
specifies the percentage value to be transferred.
In subsection (1) above—
the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation,
the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and
“ party ” means a party to a marriage.
For the purposes of this Act, a pension compensation sharing order is an order which—
provides that one party's shareable rights to PPF compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other party, and
specifies the percentage value to be transferred.
In subsection (1)—
the reference to shareable rights to PPF compensation is to rights in relation to which pension compensation sharing is available under Chapter 1 of Part 3 of the Pensions Act 2008 or under corresponding Northern Ireland legislation;
“ party ” means a party to a marriage;
“ specified ” means specified in the order.
In this Part—
“the pension compensation provisions” means—
Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) and any regulations or order made under it,
On an application for a divorce, nullity of marriage or judicial separation order, the court may make an order for maintenance pending suit, that is to say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the making of the application and ending with the date of the determination of the suit, as the court thinks reasonable.
An order under this section may not require a party to a marriage to pay to the other party any amount in respect of legal services for the purposes of the proceedings.
In subsection (2) “legal services” has the same meaning as in section 22ZA.
On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen.
an order that either party to the marriage shall make to the other such periodical payments, for such term, as may be specified in the order;
an order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments, for such term, as may be so specified;
an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified;
an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments, for such term, as may be so specified;
an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified;
The court may also, subject to those restrictions, make any one or more of the orders mentioned in subsection (1)(d), (e) and (f) above—
in any proceedings for divorce, nullity of marriage or judicial separation, before making a divorce order, nullity of marriage order or judicial separation order (as the case may be); and
where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal.
Without prejudice to the generality of subsection (1)(c) or (f) above—
an order under this section that a party to a marriage shall pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order under this section in his or her favour;
an order under this section for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met; and
an order under this section for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
The power of the court under subsection (1) or (2)(a) above to make an order in favour of a child of the family shall be exercisable from time to time; and where the court makes an order in favour of a child under subsection (2)(b) above, it may from time to time, subject to the restrictions mentioned in subsection (1) above, make a further order in his favour of any of the kinds mentioned in subsection (1)(d), (e)or (f) above.
Without prejudice to the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel, where an order is made under subsection (1)(a), (b) or (c) above on or after making a divorce or nullity of marriage order, neither the order under subsection (1)(a), (b) or (c) nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final.
Where the court—
makes an order under this section for the payment of a lump sum; and
directs—
that payment of that sum or any part of it shall be deferred; or
that that sum or any part of it shall be paid by instalments, the court may order that the amount deferred or the instalments shall carry interest at such rate as may be specified by the order from such date, not earlier than the date of the order, as may be so specified, until the date when payment of it is due.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings.
The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation.
The court must not make an order under this section unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings.
For the purposes of subsection (3), the court must be satisfied, in particular, that—
the applicant is not reasonably able to secure a loan to pay for the services, and
the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings.
An order under this section may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings.
An order under this section may—
provide for the payment of all or part of the amount by instalments of specified amounts, and
require the instalments to be secured to the satisfaction of the court.
An order under this section may direct that payment of all or part of the amount is to be deferred.
The court may at any time in the proceedings vary an order made under this section if it considers that there has been a material change of circumstances since the order was made.
For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings.
In this section “legal services”, in relation to proceedings, means the following types of services— and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation.
providing advice as to how the law applies in the particular circumstances,
providing advice and assistance in relation to the proceedings,
providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and
providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute,
In subsections (5) and (6) “specified” means specified in the order concerned.
On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (a) above, to the restrictions imposed by section 29(1) and (3) below on the making of orders for a transfer of property in favour of children who have attained the age of eighteen.
an order that a party to the marriage shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion;
an order that a settlement of such property as may be so specified, being property to which a party to the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage and of the children of the family or either or any of them;
an order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the parties to the marriage ,other than one in the form of a pension arrangement (within the meaning of section 25D below);
an order extinguishing or reducing the interest of either of the parties to the marriage under any such settlement , other than one in the form of a pension arrangement (within the meaning of section 25D below);
The court may make an order under subsection (1)(c) above notwithstanding that there are no children of the family.
Without prejudice to the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel, where an order is made under this section on or after making a divorce or nullity of marriage order, neither the order under this section nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
When considering whether to make or vary an order under section 22ZA, the court must have regard to—
the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future,
the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future,
the subject matter of the proceedings, including the matters in issue in them,
whether the paying party is legally represented in the proceedings,
any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise,
the applicant's conduct in relation to the proceedings,
any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and
the effect of the order or variation on the paying party.
In subsection (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire.
For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to—
cause undue hardship to the paying party, or
prevent the paying party from obtaining legal services for the purposes of the proceedings.
The Lord Chancellor may by order amend this section by adding to, omitting or varying the matters mentioned in subsections (1) to (3).
An order under subsection (4) must be made by statutory instrument.
A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section “legal services” has the same meaning as in section 22ZA.
It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 , 24A , 24B or 24E above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.
the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future ;
the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party to the marriage and the duration of the marriage;
any physical or mental disability of either of the parties to the marriage;
the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring ;
As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 , 24A , 24B or 24E above in relation to a party to the marriage, the court shall in particular have regard to the following matters—
the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party to the marriage and the duration of the marriage;
any physical or mental disability of either of the parties to the marriage;
the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit ... which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above in relation to a child of the family, the court shall in particular have regard to the following matters—
the financial needs of the child;
the income, earning capacity (if any), property and other financial resources of the child;
any physical or mental disability of the child;
the manner in which he was being and in which the parties to the marriage expected him to be educated or trained;
the considerations mentioned in relation to the parties to the marriage in paragraphs (a), (b), (c) and (e) of subsection (2) above.
As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above against a party to a marriage in favour of a child of the family who is not the child of that party, the court shall also have regard—
to whether that party assumed any responsibility for the child’s maintenance, and, if so, to the extent to which, and the basis upon which, that party assumed such responsibility and to the length of time for which that party discharged such responsibility;
to whether in assuming and discharging such responsibility that party did so knowing that the child was not his or her own;
to the liability of any other person to maintain the child.
Where an application for a divorce, nullity of marriage or judicial separation order has been made, then, subject to subsection (2) below, proceedings for maintenance pending suit under section 22 above, for a financial provision order under section 23 above, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the presentation of the application.
Rules of court may provide, in such cases as may be prescribed by the rules—
that applications for any such relief as is mentioned in subsection (1) above shall be made in the application or response; and
that applications for any such relief which are not so made, or are not made until after the expiration of such period following the presentation of the application or filing of the response as may be so prescribed, shall be made only with the leave of the court.
Where the court makes an order under section 22ZA or makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.
Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include—
provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and
provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.
Where an order is made under subsection (1) above on or after the making of a divorce or nullity of marriage order, the order under subsection (1) is not to take effect unless the divorce or nullity of marriage order has been made final.
Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.
Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of , or formation of a civil partnership by, that person.
Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 25(1) below.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.
A pension sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final.
A pension sharing order under this section may not be made in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
A pension sharing order under this section may not be made in relation to shareable state scheme rights if—
such rights are the subject of a pension sharing order in relation to the marriage, or
such rights have been the subject of pension sharing between the parties to the marriage.
A pension sharing order under this section may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 41 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs), or under corresponding Northern Ireland legislation.
On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make a pension compensation sharing order in relation to the marriage.
A pension compensation sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final.
A pension compensation sharing order under this section may not be made in relation to rights to PPF compensation that—
are the subject of pension attachment,
derive from rights under a pension scheme that were the subject of pension sharing between the parties to the marriage,
are the subject of pension compensation attachment, or
are or have been the subject of pension compensation sharing between the parties to the marriage.
For the purposes of subsection (3)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
The first condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(4), and
that order, as modified under section 25E(3), remains in force.
The second condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(7), and
that order—
has been complied with, or
has not been complied with and, as modified under section 25E(5), remains in force.
The third condition is that—
the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25C, and
that order remains in force.
For the purposes of subsection (3)(b), rights under a pension scheme “were the subject of pension sharing between the parties to the marriage” if the rights were at any time the subject of a pension sharing order in relation to the marriage or a previous marriage between the same parties.
For the purposes of subsection (3)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of section 25F relating to them.
For the purposes of subsection (3)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the parties to the marriage” if they are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.
Where on or after the making of a divorce or nullity of marriage order the court decides to exercise its powers under section 23(1)(a), (b) or (c), 24 or , 24A , 24B or 24E above in favour of a party to the marriage, it shall be the duty of the court to consider whether it would be appropriate so to exercise those powers that the financial obligations of each party towards the other will be terminated as soon after the making of the order as the court considers just and reasonable.
Where the court decides in such a case to make a periodical payments or secured periodical payments order in favour of a party to the marriage, the court shall in particular consider whether it would be appropriate to require those payments to be made or secured only for such term as would in the opinion of the court be sufficient to enable the party in whose favour the order is made to adjust without undue hardship to the termination of his or her financial dependence on the other party.
Where on or after the making of a divorce or nullity of marriage order an application is made by a party to the marriage for a periodical payments or secured periodical payments order in his or her favour, then, if the court considers that no continuing obligation should be imposed on either party to make or secure periodical payments in favour of the other, the court may dismiss the application with a direction that the applicant shall not be entitled to make any further application in relation to that marriage for an order under section 23(1)(a) or (b) above.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
The matters to which the court is to have regard under section 25(2) above include— and, accordingly, in relation to benefits under a pension arrangement, section 25(2)(a) above shall have effect as if “in the foreseeable future” were omitted.
in the case of paragraph (a), any benefits under a pension arrangement which a party to the marriage has or is likely to have, and
in the case of paragraph (h), any benefits under a pension arrangement which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring,
In any proceedings for a financial provision order under section 23 above in a case where a party to the marriage has, or is likely to have, any benefit under a pension scheme, the court shall, in addition to considering any other matter which it is required to consider apart from this subsection, consider—
whether, having regard to any matter to which it is required to have regard in the proceedings by virtue of subsection (1) above, such an order (whether deferred or not) should be made, and
where the court determines to make such an order, how the terms of the order should be affected, having regard to any such matter.
The following provisions apply where, having regard to any benefits under a pension arrangement, the court determines to make an order under section 23 above.
To the extent to which the order is made having regard to any benefits under a pension arrangement, the order may require the person responsible for the pension arrangement in question, if at any time any payment in respect of any benefits under the arrangement becomes due to the party with pension rights, to make a payment for the benefit of the other party.
The order must express the amount of any payment required to be made by virtue of subsection (4) above as a percentage of the payment which becomes due to the party with pension rights.
Any such payment by the person responsible for the arrangement—
shall discharge so much of his liability to the party with pension rights as corresponds to the amount of the payment, and
shall be treated for all purposes as a payment made by the party with pension rights in or towards the discharge of his liability under the order.
Where the party with pension rights has a right of commutation under the arrangement, the order may require him to exercise it to any extent; and this section applies to the any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of benefits under the arrangement.
The power conferred by subsection (7) above may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party.
The power conferred by subsection (4) or (7) above may not be exercised in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
In subsection (1) above, references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.
The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of his death, power to make any of the following provision by the order.
The court may—
if the person responsible for the pension arrangement in question has power to determine the person to whom the sum, or any part of it, is to be paid, require him to pay the whole or part of that sum, when it becomes due, to the other party,
if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum,
in any other case, require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.
Any payment by the person responsible for the arrangement under an order made under section 23 above by virtue of this section shall discharge so much of his liability in respect of the party with pension rights as corresponds to the amount of the payment.
The powers conferred by this section may not be exercised in relation to a pension arrangement which—
is the subject of a pension sharing order in relation to the marriage, or
has been the subject of pension sharing between the parties to the marriage.
Where— the order shall have effect as if it had been made instead in respect of the person responsible for the new arrangement.
an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”) and the party with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of his rights under the first arrangement, and
the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,
The Lord Chancellor may by regulations— and regulations made by virtue of paragraph (e) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed person and approved by the Secretary of State.
in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the person responsible for a pension arrangement to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made,
make, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25B or 25C above in an order under section 23 above, provision about the rights or liabilities of the payer, the payee or the person to whom the payment was due,
require notices to be given in respect of changes of circumstances relevant to such orders which include provision made by virtue of sections 25B and 25C above,
make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25B or 25C above,
make provision for the trustees or managers of any pension scheme to provide, for the purposes of orders under section 23 above, information as to the value of any benefits under the scheme,
make provision for the recovery of the administrative expenses of— from the party with pension rights or the other party,
complying with such orders, so far as they include provision made by virtue of sections 25B and 25C above, and
providing such information,
make provision about calculation and verification in relation to the valuation of— for the purposes of the court’s functions in connection with the exercise of any of its powers under this Part of this Act.
benefits under a pension arrangement, or
shareable state scheme rights,
Regulations under subsection (2)(e) above may include—
provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and
provision by reference to regulations under section 30 or 49(4) of the Welfare Reform and Pensions Act 1999.
Regulations under subsection (2) above may make different provision for different cases.
Power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and sections 25B and 25C above—
“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;
“the party with pension rights” means the party to the marriage who has or is likely to have benefits under a pension arrangement and “the other party” means the other party to the marriage;
“ prescribed ” means prescribed by regulations.
an occupational pension scheme,
an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and
an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;
In this section and sections 25B and 25C above, references to the person responsible for a pension arrangement are—
in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,
in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity, and
in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer.
The matters to which the court is to have regard under section 25(2) include— and, accordingly, in relation to PPF compensation, section 25(2)(a) shall have effect as if “in the foreseeable future” were omitted.
in the case of paragraph (a), any PPF compensation to which a party to the marriage is or is likely to be entitled, and
in the case of paragraph (h), any PPF compensation which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring entitlement to,
Subsection (3) applies in relation to an order under section 23 so far as it includes provision made by virtue of section 25B(4) which—
imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter, and
was made before the trustees or managers of the scheme received the transfer notice in relation to the scheme.
The order is to have effect from the time when the trustees or managers of the scheme receive the transfer notice—
as if, except in prescribed descriptions of case—
references in the order to the trustees or managers of the scheme were references to the Board, and
references in the order to any pension or lump sum to which the party with pension rights is or may become entitled under the scheme were references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum, and
subject to such other modifications as may be prescribed.
Subsection (5) applies to an order under section 23 if—
it includes provision made by virtue of section 25B(7) which requires the party with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and
before the requirement is complied with the Board has assumed responsibility for the scheme as mentioned in subsection (2)(a).
From the time the trustees or managers of the scheme receive the transfer notice, the order is to have effect with such modifications as may be prescribed.
Regulations may modify section 25C as it applies in relation to an occupational pension scheme at any time when there is an assessment period in relation to the scheme.
Where the court makes a pension sharing order in respect of a person’s shareable rights under an occupational pension scheme, or an order which includes provision made by virtue of section 25B(4) or (7) in relation to such a scheme, the Board subsequently assuming responsibility for the scheme as mentioned in subsection (2)(a) does not affect—
the powers of the court under section 31 to vary or discharge the order or to suspend or revive any provision of it, or
on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.
Regulations may make such consequential modifications of any provision of, or made by virtue of, this Part as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this section.
In this section—
“ assessment period ” means an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection) (see sections 132 and 159 of that Act) or an equivalent period under any provision in force in Northern Ireland corresponding to that Part;
“ occupational pension scheme ” has the same meaning as in the Pension Schemes Act 1993;
Any power to make regulations under this section is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where, having regard to any PPF compensation to which a party to the marriage is or is likely to be entitled, the court determines to make an order under section 23.
To the extent to which the order is made having regard to such compensation, the order may require the Board of the Pension Protection Fund, if at any time any payment in respect of PPF compensation becomes due to the party with compensation rights, to make a payment for the benefit of the other party.
The order must express the amount of any payment required to be made by virtue of subsection (2) as a percentage of the payment which becomes due to the party with compensation rights.
Any such payment by the Board of the Pension Protection Fund—
shall discharge so much of its liability to the party with compensation rights as corresponds to the amount of the payment, and
shall be treated for all purposes as a payment made by the party with compensation rights in or towards the discharge of that party's liability under the order.
Where the party with compensation rights has a right to commute any PPF compensation, the order may require that party to exercise it to any extent; and this section applies to any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of PPF compensation.
The power conferred by subsection (5) may not be exercised for the purpose of commuting compensation payable to the party with compensation rights to compensation payable to the other party.
The power conferred by subsection (2) or (5) may not be exercised in relation to rights to PPF compensation that—
derive from rights under a pension scheme that were at any time the subject of a pension sharing order in relation to the marriage, or a previous marriage between the same parties, or
are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.
The Lord Chancellor may by regulations—
make provision, in relation to any provision of section 25F which authorises the court making an order under section 23 to require the Board of the Pension Protection Fund to make a payment for the benefit of the other party, as to the person to whom, and the terms on which, the payment is to be made;
make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25F in an order under section 23, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;
require notices to be given in respect of changes of circumstances relevant to orders under section 23 which include provision made by virtue of section 25F;
make provision for the Board of the Pension Protection Fund to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25F;
make provision about calculation and verification in relation to the valuation of PPF compensation for the purposes of the court's functions in connection with the exercise of any of its powers under this Part.
Regulations under subsection (1)(e) may include—
provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person;
provision by reference to regulations under section 112 of the Pensions Act 2008.
Regulations under subsection (1) may make different provision for different cases.
The power to make regulations under subsection (1) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and section 25F—
Either party to a marriage may apply to the court for an order under this section on the ground that the other party to the marriage (in this section referred to as the respondent)—
has failed to provide reasonable maintenance for the applicant, or
to provide reasonable maintenance for the applicant, or
to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family to whom this section applies;
has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.
for the applicant in a case where, by reason of the impairment of the applicant's earning capacity through age, illness or disability of mind or body, and having regard to any resources of the applicant and the respondent respectively which are, or should properly be made, available for the purpose, it is reasonable in all the circumstances to expect the respondent so to provide or contribute, or
for any child of the family to whom this section applies.
The court may not entertain an application under this section unless—
the applicant or the respondent is domiciled in England and Wales on the date of the application;
the applicant has been habitually resident there throughout the period of one year ending with that date; or
the respondent is resident there on that date.
Where an application under this section is made on the ground mentioned in subsection (1)(a) above, then, in deciding— the court shall have regard to all the circumstances of the case including the matters mentioned in section 25(2) above, and where an application is also made under this section in respect of a child of the family who has not attained the age of eighteen, first consideration shall be given to the welfare of the child while a minor.
whether the respondent has failed to provide reasonable maintenance for the applicant, and
what order, if any, to make under this section in favour of the applicant,
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
Where the child of the family to whom the application under this section relates is not the child of the respondent, then, in deciding— the court shall have regard to the matters mentioned in section 25(3) above.
whether the respondent has been guilty of wilful neglect to provide, or to make a proper contribution towards, reasonable maintenance for the child, and
what order, if any, to make under this section in favour of the child,
In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
Where on an application under this section it appears to the court that the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application, the court may make an interim order for maintenance, that is to say, an order requiring the respondent to make to the applicant until the determination of the application such periodical payments as the court thinks reasonable.
Where on an application under this section the applicant satisfies the court of any ground mentioned in subsection (1) above, the court may make any one or more of the following orders, that is to say— subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen.
an order that the respondent shall make to the applicant such periodical payments, for such term, as may be specified in the order;
an order that the respondent shall secure to the applicant, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that the respondent shall pay to the applicant such lump sum as may be so specified;
an order that the respondent shall make to such person as may be specified in the order for the benefit of the child to whom the application relates, or to that child, such periodical payments, for such term, as may be so specified;
an order that the respondent shall secure to such person as may be so specified for the benefit of that child, or to that child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified;
an order that the respondent shall pay to such person as may be so specified for the benefit of that child, or to that child, such lump sum as may be so specified;
Where an application under this section is made on the ground mentioned in subsection (1)(b) above then, in deciding— the court shall have regard to all the circumstances of the case including the matters mentioned in section 25(3)(a) to (e) above, and where the child of the family to whom the application relates is not the child of the respondent, including also the matters mentioned in section 25(4) above.
whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and
what order, if any, to make under this section in favour of the child,
Without prejudice to the generality of subsection (6)(c) or (f) above, an order under this section for the payment of a lump sum—
may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met;
may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
In relation to an application under this section on the ground mentioned in subsection (1)(a) above, section 25(2)(c) above shall have effect as if for the reference therein to the breakdown of the marriage there were substituted a reference to the failure to provide reasonable maintenance for the applicant, and in relation to an application under this section on the ground mentioned in subsection (1)(b) above, section 25(2)(c) above (as it applies by virtue of section 25(3)(e) above) shall have effect as if for the reference therein to the breakdown of the marriage there were substituted a reference to the failure to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates.
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An application for the variation under section 31 of this Act of a periodical payments order or secured periodical payments order made under this section in favour of a child may, if the child has attained the age of sixteen, be made by the child himself.
Where a periodical payments order made in favour of a child under this section ceases to have effect on the date on which the child attains the age of sixteen or at any time after that date but before or on the date on which he attains the age of eighteen, then if, on an application made to the court for an order under this subsection, it appears to the court that— the court shall have power by order to revive the first mentioned order from such date as the court may specify, not being earlier than the date of the making of the application, and to exercise its power under section 31 of this Act in relation to any order so revived.
the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or
there are special circumstances which justify the making of an order under this subsection,
Subject in the case of an order made on or after the making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits, that is to say—
in the case of a periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the periodical payments order is made; and
in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the secured periodical payments order is made.
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the making of a divorce or nullity of marriage order, and the marriage in question is subsequently dissolved or annulled but the periodical payments or secured periodical payments order continues in force, that order shall, notwithstanding anything in it, cease to have effect on the remarriage of , or formation of a civil partnership by, that party, except in relation to any arrears due under it on the date of the remarriage or formation of the civil partnership.
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the making of a divorce or nullity of marriage order, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the periodical payments or secured periodical payments order
If after the grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership, that party shall not be entitled to apply, by reference to the grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
Subject to subsection (3) below, no financial provision order and no order for a transfer of property under section 24(1)(a) above shall be made in favour of a child who has attained the age of eighteen.
The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with subsection (5) or (6) below but—
shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (construed in accordance with section 8 of the Education Act 1996) unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date; and
shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday.
Subsection (1) above, and paragraph (b) of subsection (2), shall not apply in the case of a child, if it appears to the court that—
there are special circumstances which justify the making of an order without complying with either or both of those provisions.
the child is, or will be, or if an order were made without complying with either or both of those provisions would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or
Any periodical payments order in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death.
Where—
a maintenance calculation (“the current calculation”) is in force with respect to a child; and
an application is made under Part II of this Act for a periodical payments or secured periodical payments order in favour of that child— the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.
in accordance with section 8 of the Child Support Act 1991, and
before the end of the period of 6 months beginning with the making of the current calculation
For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—
the date 6 months before the application is made; or
the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.
Where— the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect ..., or any later date.
a maintenance calculation ceases to have effect ... by or under any provision of the Child Support Act 1991; and
an application is made, before the end of the period of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect ...,
In subsection (7)(b) above—
where the maintenance calculation ceased to have effect, the relevant date is the date on which it so ceased; ...
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Where the court decides to make a financial provision order requiring any payments to be secured or a property adjustment order—
it may direct that the matter be referred to one of the conveyancing counsel of the court for him to settle a proper instrument to be executed by all necessary parties; and
where the order is to be made in proceedings for divorce, nullity of marriage or judicial separation it may, if it thinks fit, defer the making of the divorce, nullity of marriage or judicial separation order until the instrument has been duly executed.
Where the court has made an order to which this section applies, then, subject to the provisions of this section and of section 28(1A) above, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
This section applies to the following orders, that is to say—
any order for maintenance pending suit and any interim order for maintenance;
any periodical payments order;
any secured periodical payments order;
any order made by virtue of section 23(3)(c) or 27(7)(b) above (provision for payment of a lump sum by instalments;
any order for a settlement of property under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above, being an order made on or after the making of a judicial separation order;
any deferred order made by virtue of section 23(1)(c) (lump sums) which includes provision made by virtue of— (provision in respect of pension rights) or pension compensation rights
section 25B(4), ...
section 25C, or
section 25F(2),
any order made under section 24A(1) above for the sale of property
a pension sharing order under section 24B above , or a pension compensation sharing order under section 24E above, which is made at a time before the divorce or nullity of marriage order has been made final.
The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.
Where the court has made an order referred to in subsection (2)(a), (b) or (c) above, then, subject to the provisions of this section, the court shall have power to remit the payment of any arrears due under the order or of any part thereof.
The court shall not exercise the powers conferred by this section in relation to an order for a settlement under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above except on an application made in proceedings—
for the rescission of the judicial separation order by reference to which the order was made, or
for the dissolution of the marriage in question.
Where the court has made an order referred to in subsection (2)(dd)(ii) above, this section shall cease to apply to the order on the death of either of the parties to the marriage
Subject to subsections (7A) to (7G) below and without prejudice to any power exercisable by virtue of subsection (2)(d), (dd) , (e) or (g) above or otherwise than by virtue of this section, no property adjustment order or pension sharing order or pension compensation sharing order shall be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a party to a marriage or in favour of a child of the family) under section 23 above, and no order for the payment of a lump sum shall be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a party to a marriage (whether made under section 23 or under section 27 above).
Where the person liable to make payments under a secured periodical payments order has died, an application under this section relating to that order (and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order. or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out.
In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen, and the circumstances of the case shall include any change in any of the matters to which the court was required to have regard when making the order to which the application relates, and—
in the case of a periodical payments or secured periodical payments order made on or after the making of a divorce or nullity of marriage order, the court shall consider whether in all the circumstances and after having regard to any such change it would be appropriate to vary the order so that payments under the order are required to be made or secured only for such further period as will in the opinion of the court be sufficient (in the light of any proposed exercise by the court, where the marriage has been dissolved, of its powers under subsection (7B) below) to enable the party in whose favour the order was made to adjust without undue hardship to the termination of those payments;
in a case where the party against whom the order was made has died, the circumstances of the case shall also include the changed circumstances resulting from his or her death.
In relation to an order which falls within paragraph (g) of subsection (2) above (“the subsection (2) order”)—
the powers conferred by this section may be exercised—
only on an application made before the subsection (2) order has or, but for paragraph (b) below, would have taken effect; and
only if, at the time when the application is made, the divorce or nullity of marriage order has not been made final; and
an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with.
The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (6) above on the ground that they ought to have taken into account the possibility that the court might permit an application under this section to be made after that period by the person entitled to payments under the order; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
No variation of a pension sharing order or a pension compensation sharing order, shall be made so as to take effect before the divorce or nullity of marriage order is made final.
The following are to be left out of account when considering for the purposes of subsection (6) above when representation was first taken out—
a grant limited to settled land or to trust property,
any other grant that does not permit any of the estate to be distributed,
a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
a grant, or its equivalent, made outside the United Kingdom (but see subsection (9A) below).
The variation of a pension sharing order or a pension compensation sharing order, prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.
Subsection (7B) below applies where, after the dissolution of a marriage, the court—
discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or
varies such an order so that payments under the order are required to be made or secured only for such further period as is determined by the court.
The court has power, in addition to any power it has apart from this subsection, to make supplemental provision consisting of any of—
an order for the payment of a lump sum in favour of a party to the marriage;
one or more property adjustment orders in favour of a party to the marriage;
one or more pension sharing orders;
a pension compensation sharing order;
a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for—
a periodical payments or secured periodical payments order, or
an extension of the period to which the original order is limited by any variation made by the court.
An order for the payment of a lump sum made under subsection (7B) above may—
provide for the payment of that sum by instalments of such amount as may be specified in the order; and
require the payment of the instalments to be secured to the satisfaction of the court.
Section 23(6) above applies where the court makes an order for the payment of a lump sum under subsection (7B) above as it applies where the court makes such an order under section 23 above.
If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above.
Sections 24A and 30 above apply where the court makes a property adjustment order under subsection (7B) above as they apply where it makes such an order under section 24 above.
Subsections (3) to (5) of section 24B above apply in relation to a pension sharing order under subsection (7B) above as they apply in relation to a pension sharing order under that section.
Subsections (3) to (10) of section 24E above apply in relation to a pension compensation sharing order under subsection (7B) above as they apply in relation to a pension compensation sharing order under that section.
A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (9) above, but is to be taken as dated on the date of sealing.
Where the court, in exercise of its powers under this section, decides to vary or discharge a periodical payments or secured periodical payments order, then, subject to section 28(1) and (2) above, the court shall have power to direct that the variation or discharge shall not take effect until the expiration of such period as may be specified in the order.
Where—
a periodical payments or secured periodical payments order in favour of more than one child (“the order”) is in force;
the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;
a maintenance calculation (“the calculation”) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and
an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order, the court may, in exercise of its powers under this section to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which the calculation took effect or any later date.
Where— the court may, in exercise of its powers under this section to vary or discharge the spousal order, direct that the variation or discharge shall take effect from the date on which the child order became so affected or any later date.
an order (“the child order”) of a kind prescribed for the purposes of section 10(1) of the Child Support Act 1991 is affected by a maintenance calculation;
on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order (“the spousal order”) in favour of a party to a marriage having the care of the child in whose favour the child order was made; and
an application is made, before the end of the period of 6 months beginning with the date on which the maintenance calculation was made, for the spousal order to be varied or discharged,
For the purposes of subsection (12) above, an order is affected if it ceases to have effect or is modified by or under section 10 of the Child Support Act 1991.
Subsections (11) and (12) above are without prejudice to any other power of the court to direct that the variation of discharge of an order under this section shall take effect from a date earlier than that on which the order for variation or discharge was made.
The power to make regulations under subsection (4C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
A person shall not be entitled to enforce through the High Court or the family court the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.
The court hearing an application for the grant of leave under this section may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of the arrears or of any part thereof.
An application for the grant of leave under this section shall be made in such manner as may be prescribed by rules of court.
Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of— the amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.
a change in the circumstances of the person entitled to, or liable to make, payments under the order since the order was made, or
the changed circumstances resulting from the death of the person so liable,
This section applies to the following orders, that is to say—
any order for maintenance pending suit and any interim order for maintenance;
any periodical payments order; and
any secured periodical payments order.
An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives.
An application under this section may be made in proceedings in the High Court or the family court for— but when not made in such proceedings shall be made to the family court, and accordingly references in this section to the court are references to the High Court or the family court, as the circumstances require.
the variation or discharge of the order to which this section applies, or
leave to enforce, or the enforcement of, the payment of arrears under that order;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then—
that provision shall be void; but
any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 35 and 36 below), be binding on the parties to the agreement.
In this section and in section 35 below— “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.
" maintenance agreement " means any agreement in writing made, whether before or after the commencement of this Act, between the parties to a marriage, being—
in any other case, the managers of the scheme.
a separation agreement which contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements;
an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or
a separation agreement which contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements;
Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then ... either party may apply to the court ... for an order under this section.
Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation on divorce etc) and any regulations or order made under it, and
that by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made or, as the case may be, financial arrangements were omitted from it (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different, or, as the case may be, so as to contain, financial arrangements, or
that the agreement does not contain proper financial arrangements with respect to any child of the family,
a personal pension scheme,
by varying or revoking any financial arrangements contained in it, or
by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a child of the family,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in a case where the agreement includes no provision for periodical payments by either of the parties, an order inserting provision for the making by one of the parties of periodical payments for the maintenance of the other party or for the maintenance of any child of the family;
in a case where the agreement includes provision for the making by one of the parties of periodical payments, an order increasing or reducing the rate of, or terminating, any of those payments.
Where the court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the other party or by increasing the rate of the periodical payments which the agreement provides shall be made by one of the parties for the maintenance of the other, the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the agreement as altered by the order shall be such term as the court may specify, subject to the following limits, that is to say—
where the payments will not be secured, the term shall be so defined as not to extend beyond the death of either of the parties to the agreement or the remarriage of , or formation of a civil partnership by, the party to whom the payments are to be made;
where the payments will be secured, the term shall be so defined as not to extend beyond the death or remarriage of , or formation of a civil partnership by, that party.
Where the court decides to alter, by order under this section, an agreement by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family or by increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child, then, in deciding the term for which under the agreement as altered by the order the payments, or as the case may be, the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of section 29(2) and (3) above as to age limits as if the order in question were a periodical payments or secured periodical payments order in favour of the child.
For the avoidance of doubt it is hereby declared that nothing in this section or in section 34 above affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Act) to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
Where a maintenance agreement within the meaning of section 34 above provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3) below, apply to the ... court for an order under section 35 above.
An application under this section shall not, except with the permission of the ... court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
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If a maintenance agreement is altered by the court on an application made in pursuance of subsection (1) above, the like consequences shall ensue as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (2) above on the ground that they ought to have taken into account the possibility that the court might permit an application by virtue of this section to be made by the surviving party after that period; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
Section 31(9) above shall apply for the purposes of subsection (2) above as it applies for the purposes of subsection (6) of section 31.
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Notwithstanding anything in the preceding provisions of this Part of this Act, on an application for a consent order for financial relief the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of the prescribed information furnished with the application.
Subsection (1) above applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief.
In this section—
For the purposes of this section “financial relief” means relief under any of the provisions of sections 22, 23, 24, 24B, 27, 31 (except subsection (6)) and 35 above, and any reference in this section to defeating a person’s claim for financial relief is a reference to preventing financial relief from being granted to that person, or to that person for the benefit of a child of the family, or reducing the amount of any financial relief which might be so granted, or frustrating or impeding the enforcement of any order which might be or has been made at his instance under any of those provisions.
Where proceedings for financial relief are brought by one person against another, the court may, on the applicaton of the first-mentioned person— and an application for the purposes of paragraph (b) above shall be made in the proceedings for the financial relief in question.
if it is satisfied that the other party to the proceedings is, with the intention of defeating the claim for financial relief, about to make any disposition or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for restraining the other party from so doing or otherwise for protecting the claim;
if it is satisfied that the other party has, with that intention, made a reviewable disposition and that if the disposition were set aside financial relief or different financial relief would be granted to the applicant, make an order setting aside the disposition;
if it is satisfied, in a case where an order has been obtained under any of the provisions mentioned in subsection (1) above by the applicant against the other party, that the other party has, with that intention, made a reviewable disposition, make an order setting aside the disposition;
Where the court makes an order under subsection (2)(b) or (c) above setting aside a disposition it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
Any disposition made by the other party to the proceedings for financial relief in question (whether before or after the commencement of those proceedings) as is reviewable disposition for the purposes of subsection (2)(b) and (c) above unless it was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of the other party to defeat the applicant’s claim for financial relief.
Where an application is made under this section with respect to a disposition which took place less than three years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied— of defeating the applicant’s claim for financial relief, it shall be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating the applicant’s claim for financial relief.
in a case falling within subsection (2)(a) or (b) above, that the disposition or other dealing would (apart from this section) have the consequence, or
in a case falling within subsection (2)(c) above, that the disposition has had the consequence,
In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
This section does not apply to a disposition made before 1st January 1968.
Where— the person so liable or his or her personal representatives shall not be entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b) above against the person entitled to payments under the order or her or his personal representatives, but may instead make an application against that person or her or his personal representatives under this section.
a periodical payments or secured periodical payments order in favour of a party to a marriage (hereafter in this section referred to as “a payments order”) has ceased to have effect by reason of the remarriage of , or formation of a civil partnership by, that party, and
the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of the remarriage or formation of the civil partnership in the mistaken belief that the order was still subsisting,
On an application under this section the courtto which the application is made may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) above or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.
An application under this section may be made in proceedings in the High Court or the family court for leave to enforce, or the enforcement of, payment of arrears under the order in question, but when not made in such proceedings shall be made to the family court; and accordingly references in this section to the court are references to the High Court or the family court, as the circumstances require.
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An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
An officer of the family court, and the collecting officer under an attachment of earnings order made to secure payments under a payments order, shall not be liable— if, but only if, the act was one which he would have been under a duty to do had the payments order not so ceased to have effect and the act was done before notice in writing of the fact that the person so entitled had remarried or formed a civil partnership was given to him by or on behalf of that person, the person liable to make payments under the payments order or the personal representatives of either of those persons.
in the case of an officer of the family court, for any act done by him , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, after the date on which that order ceased to have effect by reason of the remarriage of , or formation of a civil partnership by, the person entitled to payments under it, and
in the case of the collecting officer, for any act done by him after that date in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with,
In this section “collecting officer”, in relation to an attachment of earnings order, means the officer of the High Court, or the officer of the family court, to whom a person makes payments in compliance with the order.
The fact that a settlement or transfer of property had to be made in order to comply with a property adjustment order shall not prevent that settlement or transfer from being a transaction in respect of which an order may be made under section 339 or 340 of the Insolvency Act 1986 (transactions at an undervalue and preferences.)
Where the court makes an order under this Part of this Act requiring payments (including a lump sum payment) to be made, or property to be transferred, to a party to a marriage and the court is satisfied that the person in whose favour the order is made (“P”) lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to the provisions of the order then, subject to any order, direction or authority made or given in relation to P under that Act, the court may order the payments to be made, or as the case may be, the property to be transferred, to such person (“D”) as it may direct.
In carrying out any functions of his in relation to an order made under subsection (1), D must act in P's best interests (within the meaning of that Act).
Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.
If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.
If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order.
In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.
Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.
In subsection (2) above, the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above.
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The Court shall not make absolute a decree of divorce or of nullity of marriage, or grant a decree of judicial separation, unless the court, by order, has declared that it is satisfied—
that for the purposes of this section there are no children of the family to whom this section applies ; or
that the only children who are or may be children of the family to whom this section applies are the children named in the order and that—
arrangements for the welfare of every child so named have been made and are satisfactory or are the best that can be devised in the circumstances; or
it is impracticable for the party or parties appearing before the court to make any such arrangements; or
that there are circumstances making it desirable that the decree should be made absolute or should be granted, as the case may be, without delay notwithstanding that there are or may be children of the family to whom this section applies and that the court is unable to make a declaration in accordance with paragraph (b) above.
The court shall not make an order declaring that it is satisfied as mentioned in subsection (1)(c) above unless it has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the children named in the order before the court within a specified time.
If the court makes absolute a decree of divorce or of nullity of marriage, or grants a decree of judicial separation, without having made an order under subsection (1) above the decree shall be void but, if such an order was made, no person shall be entitled to challenge the validity of the decree on the ground that the conditions prescribed by subsections (1) and (2) above were not fulfilled.
If the court refuses to make an order under subsection (1) above in any proceedings for divorce, nullity of marriage or judicial separation, it shall, on an application by either party to the proceedings, make an order declaring that it is not satisfied as mentioned in that subsection.
This section applies to the following children of the family, that is to say— and the court may give such a direction if it is of opinion that there are special circumstances which make it desirable in the interest of the child that this section should apply to him.
any minor child of the family who at the date of the order under subsection (1) above is—
under the age of sixteen, or
receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also in gainful employment; and
any other child of the family to whom the court by an order under that subsection directs that this section shall apply;
In this section " welfare ", in relation to a child, includes the custody and education of the child and financial provision for him.
The court may make such order as it thinks fit for the custody and education of any child of the family who is under the age of eighteen— and in any case in which the court has power by virtue of this subsection to make an order in respect of a child it may instead, if it thinks fit, direct that proper proceedings be taken for making the child a ward of court.
in any proceedings for divorce, nullity of marriage or judicial separation, before or on granting a decree or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute);
where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal;
Where the court makes an order under section 27 above, the court shall also have power to make such order as it thinks fit with respect to the custody of any child of the family who is for the time being under the age of eighteen; but the power conferred by this subsection and any order made in exercise of that power shall have effect only as respects any period when an order is in force under that section and the child is under that age.
Where the court grants or makes absolute a decree of divorce or grants a decree of judicial separation, it may include in the decree a declaration that either party to the marriage in question is unfit to have the custody of the children of the family.
Where a decree of divorce or of judicial separation contains such a declaration as is mentioned in subsection (3) above, then, if the party to whom the declaration relates is a parent of any child of the family, that party shall not, on the death of the other parent, be entitled as of right to the custody or the guardianship of that child.
Where an order in respect of a child is made under this section, the order shall not affect the rights over or with respect to the child of any person, other than a party to the marriage in question, unless the child is the child of one or both of the parties to that marriage and that person was a party to the proceedings on the application for an order under this section.
The power of the court under subsection (1)(a) or (2) above to make an order with respect to a child shall be exercisable from time to time ; and where the court makes an order under subsection (1)(b) above with respect to a child it may from time to time until that child attains the age of eighteen make a further order with respect to his custody and education.
The court shall have power to vary or discharge an order made under this section or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.
Where the court has jurisdiction by virtue of this Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parties to the marriage or to any other individual, the court may if it thinks fit make an order committing the care of the child to the council of a county other than a metropolitan county, or of a metropolitan district or London borough or the Common Council of the City of London (hereafter in this section referred to as " the local authority "); and thereupon Part II of the Children Act 1948 (which relates to the treatment of children in the care of a local authority) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 1 of that Act.
The authority specified in an order under this section shall be the local authority for the area in which the child was, in the opinion of the court, resident before the order was made to commit the child to the care of a local authority, and the court shall before making an order under this section hear any representations from the local authority, including any representations as to the making of a financial provision order in favour of the child.
While an order made by virtue of this section is in force with respect to a child, the child shall continue in the care of the local authority notwithstanding any claim by a parent or other person.
An order made by virtue of this section shall cease to have effect as respects any child when he becomes eighteen, and the court shall not make an order committing a child to the care of a local authority under this section after he has become seventeen.
In the application of Part II of the Children Act 1948 by virtue of this section—
the exercise by the local authority of their powers under sections 12 to 14 of that Act (which among other things relate to the accommodation and welfare of a child in the care of a local authority) shall be subject to any directions given by the court; and
section 17 of that Act (which relates to arrangements for the emigration of such a child) shall not apply.
It shall be the duty of any parent or guardian of a child committed to the care of a local authority under this section to secure that the local authority are informed of his address for the time being, and a person who knowingly fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding ten pounds.
The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
So long as by virtue of paragraph 13 of Schedule 4 to the Children and Young Persons Act 1969 sections 15 and 16 of the Children Act 1948 continue to apply in relation to a local authority, subsection (5)(a) above shall have effect in relation to that authority as if for the reference to sections 12 to 14 of the last-mentioned Act there were substituted a reference to sections 12 to 16 of that Act.
Subject to the following provisions of this subsection, until 1st April 1974 subsection (1) above shall have effect as if for the words " other than a metropolitan county, or of a metropolitan district" there were substituted the words " county borough " . An order (or orders) made under section 273(2) of the Local Government Act 1972 (orders bringing provisions of that Act into force before 1st April 1974) may appoint an earlier date (or, as the case may be, different dates for different purposes or areas) on which subsection (1) above shall cease to have effect as mentioned above.
Where the court has jurisdiction by virtue of this Part of this Act to make an order for the custody of a child and it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may, as respects any period during which the child is, in exercise of that jurisdiction, committed to the custody of any person, order that the child be under the supervision of an officer appointed under this section as a welfare officer or under the supervision of a local authority.
Where the court makes an order under this section for supervision by a welfare officer, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the Secretary of State ; and where the order is for supervision by a local authority, that authority shall be the council of a county other than a metropolitan county, or of a metropolitan district or London borough selected by the court and specified in the order or, if the Common Council of the City of London is so selected and specified, that Council.
The court shall not have power to make an order under this section as respects a child who in pursuance of an order under section 43 above is in the care of a local authority.
Where a child is under the supervision of any person in pursuance of this section the jurisdiction possessed by a court to vary any financial provision order in the child's favour or any order made with respect to his custody or education under this Part of this Act shall, subject to any rules of court, be exercisable at the instance of that court itself.
The court shall have power from time to time by an order under this section to vary or discharge any provision made in pursuance of this section.
Subject to the following provisions of this subsection, until 1st April 1974 subsection (2) above shall have effect as if for the words " other than a metropolitan county, or of a metropolitan district" there were substituted the words " county borough " . An order (or orders) made under section 273(2) of the Local Governmment Act 1972 may appoint an earlier date (or, as the case may be, different dates for different purposes or areas) on which subsection (2) above shall cease to have effect as mentioned above.
Any person who is a British subject, or whose right to be deemed a British subject depends wholly or in part on his legitimacy or on the validity of any marriage, may, if he is domiciled in England and Wales or in Northern Ireland or claims any real or personal estate situate in England and Wales, apply by petition to the High Court for a decree declaring that he is the legitimate child of his parents, or that the marriage of his father and mother or of his grandfather and grandmother was a valid marriage or that his own marriage was a valid marriage.
Any person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may apply by petition to the High Court, or may apply to a county court in the manner prescribed by county court rules, for a decree declaring that he or his parent or remoter ancestor, as the case may be, became or has become a legitimated person. In this subsection " legitimated person" means a person legitimated by the Legitimacy Act 1926, and includes a person recognised under section 8 of that Act as legitimated.
Where an application under subsection (2) above is made to a county court, the county court, if it considers that the case is one which owing to the value of the property involved or otherwise ought to be dealt with by the High Court, may, and if so ordered by the High Court shall, transfer the matter to the High Court; and on such a transfer the proceeding shall be continued in the High Court as if it had been originally commenced by petition to the court.
Any person who is domiciled in England and Wales or in Northern Ireland or claims any real or personal estate situate in England and Wales may apply to the High Court for a decree declaring his right to be deemed a British subject.
Applications to the High Court under the preceding provisions of this section may be included in the same petition, and on any application under the preceding provisions of this section the High Court or, as the case may be, the county court shall make such decree as it thinks just, and the decree shall be binding on Her Majesty and all other persons whatsoever, so however that the decree shall not prejudice any person—
if it is subsequently proved to have been obtained by fraud or collusion ; or
unless that person has been given notice of the application in the manner prescribed by rules of court or made a party to the proceedings or claims through a person so given notice or made a party.
A copy of every application under this section and of any affidavit accompanying it shall be delivered to the Attorney-General at least one month before the application is made, and the Attorney-General shall be a respondent on the hearing of the application and on any subsequent proceedings relating thereto.
Where any application is made under this section, such persons as the court hearing the application thinks fit shall, subject to rules of court, be given notice of the application in the manner prescribed by rules of court, and any such persons may be permitted to become parties to the proceedings and to oppose the application.
No proceedings under this section shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.
The court hearing an application under this section may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this subsection shall be heard in camera unless the court otherwise directs.
Without prejudice to any jurisdiction exercisable by the court apart from this section, the court shall have jurisdiction to entertain proceedings by a wife, notwithstanding that the husband is not domiciled in England and Wales.—
in the case of any proceedings under this Act (other than proceedings under section 19 or sections 34 to 36), if—
the wife has been deserted by her husband, or
the husband has been deported from the United Kingdom under any law for the time being in force relating to deportation, and the husband was immediately before the desertion or deportation domiciled in England and Wales;
in the case of proceedings for divorce or nullity of marriage, if—
the wife is resident in England and Wales and has been ordinarily resident there for a period of three years immediately preceding the commencement of the proceedings, and
the husband is not domiciled in any other part of the United Kingdom or in the Channel Islands or the Isle of Man.
In any proceedings in which the court has jurisdiction by virtue of subsection (1) above the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in England and Wales at the time of the proceedings.
A court in England and Wales shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that either party to the marriage is, or has during the subsistence of the marriage been, married to more than one person.
In this section “matrimonial relief” means—
any order under Part I of this Act;
a financial provision order under section 27 above;
an order under section 35 above altering a maintenance agreement;
an order under any provision of this Act which confers a power exercisable in connection with, or in connection with proceedings for, any such ... order as is mentioned in paragraphs (a) to (c) above;
an order under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978.
an order under Part III of the Matrimonial and Family Proceedings Act 1984;
In this section “a declaration concerning the validity of a marriage” means any declaration under Part III of the Family Law Act 1986 involving a determination as to the validity of a marriage
a declaration that a marriage is valid or invalid; and
any other declaration involving a determination as to the validity of a marriage ;
Provision may be made by rules of court— in such cases as may be specified in the rules.
for requiring notice of proceedings brought by virtue of this section to be served on any additional spouse of a party to the marriage in question; and
for conferring on any such additional spouse the right to be heard in the proceedings,
The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.
In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the court is satisfied that in the interests of justice any such evidence ought to be heard in open court.
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Rules of court may make provision... with respect to the joinder as parties to proceedings under this Act of persons involved in allegations of ... improper conduct made in those proceedings, and with respect to the dismissal from such proceedings of any parties so joined; and rules of court made by virtue of this subsection may make different provision for different cases.
In every case in which the court considers, in the interest of any person not already a party to the suit, that that person should be made a party to the suit, the court may if it thinks fit allow that person to intervene upon such terms, if any, as the court thinks just.
The authority having power to make rules of court for the purposes of— shall, subject to the exceptions listed in subsection (2) below, be the Lord Chancellor together with any four or more of the following persons, namely, the President of the Family Division, one puisne judge attached to that division, one registrar of the divorce registry, two Circuit judges, one registrar appointed under the County Courts Act 1959, two practising barristers being members of the General Council of the Bar and two practising solicitors of whom one shall be a member of the Council of the Law Society and the other a member of the Law Society and also of a local law society. All the members of the authority, other than the Lord Chancellor himself and the President of the Family Division, shall be appointed by the Lord Chancellor for such time as he may think fit.
this Act, the Matrimonial Causes Act 1967 (which confers jurisdiction on county courts in certain matrimonial proceedings), section 45 of the Courts Act 1971 (transfer of matrimonial proceedings between High Court and county court, etc.) and sections 26 to 28A of the Matrimonial Causes Act 1965 (maintenance of survivor from estate of deceased former spouse);
proceedings in the High Court or a divorce county court for an order under section 7 of the Matrimonial Homes Act 1967 (transfer of protected or statutory tenancy under Rent Act 1968 on dissolution or annulment of marriage);
certain other proceedings in the High Court, that is to say—
proceedings in the High Court under section 17 of the Married Women's Property Act 1882, not being proceedings in the divorce registry treated by virtue of rules made under this section for the purposes of section 45 of the Courts Act 1971 as pending in a county court;
proceedings in the High Court under section 1 of the Matrimonial Homes Act 1967 (rights of occupation of matrimonial home for spouse not otherwise entitled);
proceedings in which the only substantive relief sought is a declaration with respect to a person's matrimonial status; or
any enactment passed after this Act which relates to any matter dealt with in this Act, the Matrimonial Causes Act 1967 or sections 26 to 28A of the Matrimonial Causes Act 1965 ;
The following shall be excepted from the purposes mentioned in subsection (1) above—
proceedings in a county court in the exercise of a jurisdiction exercisable by any county court whether or not it is a divorce county court, that is to say, proceedings in a county court under section 32, 33, 36, 38 or 45 above or under section 26 or 27 of the Matrimonial Causes Act 1965 ;
section 47 above, in so far as it relates to proceedings in a county court under section 45 above or to proceedings for an order under the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ;
any enactment passed after this Act in so far as it relates to proceedings in a county court in the exercise of any such jurisdiction as is mentioned in paragraph (a) above or to any aspect of section 47 above which is excepted by paragraph (b) above.
Rules of court made under this section may apply, with or without modification, any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925, the County Courts Act 1959 or any other enactment and— and, without prejudice to the generality of the preceding provisions, may make with respect to proceedings in a divorce county court any provision regarding the Official Solicitor or any solicitor of the Supreme Court which could be made by rules of court with respect to proceedings in the High Court.
may modify or exclude the application of any such rules or of any provision of the County Courts Act 1959;
may provide for the enforcement in the High Court of orders made in a divorce county court;
The power to make rules of court by virtue of subsection (1) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section " divorce county court" means a county court designated under section 1 of the Matrimonial Causes Act 1967 and " divorce registry " means the principal registry of the Family Division of the High Court.
In this Act— ... “child”, in relation to one or both of the parties to a marriage, includes an illegitimate ... child of that party or, as the case may be, of both parties; “child of the family”, in relation to the parties to a marriage, means— a child of both of those parties; and any other child, not being a child who is placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family; “the court” (except where the context otherwise requires) means the High Court or the family court; ... “education” includes training. “maintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section. ...
" adopted " means adopted in pursuance of—
a retirement annuity contract,
Without prejudice to the provisions of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals)—
nothing in any repeal made by this Act shall affect any order or rule made, direction given or thing done, or deemed to have been made, given or done, under any enactment repealed by this Act, and every such order, rule, direction or thing shall, if in force at the commencement of this Act, continue in force and, so far as it could have been made, given or done under this Act, be deemed to have been made, given or done under the corresponding provisions of this Act; and
any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.
Without prejudice to paragraph 1 above, but subject to paragraph 3 below, any application made or proceeding begun, or deemed to have been made or begun, under any enactment repealed by this Act, being an application or proceeding which is pending at the commencement of this Act, shall be deemed to have been made or begun under the corresponding provision of this Act.
Nothing in Part I of this Act shall apply in relation to any petition for divorce or judicial separation presented before 1st January 1971 and notwithstanding any repeal or amendment made by this Act the Matrimonial Causes Act 1965 (hereafter in this Schedule referred to as the Act of 1965) and any rules of court made for the purposes of that Act shall continue to have effect in relation to proceedings on any such petition which are pending at the commencement of this Act as they had effect immediately before the commencement of this Act.
Notwithstanding any repeal or amendment made by this Act, the Act of 1965 and any rules of court made for the purposes of that Act shall continue to have effect in relation to— as they had effect immediately before the commencement of this Act; and nothing in Schedule 2 below shall affect the operation of any other enactment in relation to any such proceedings.
any proceedings on a petition for damages for adultery or for restitution of conjugal rights presented before 1st January 1971 which are pending at the commencement of this Act, and
any proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 brought in connection with proceedings on a petition for restitution of conjugal rights so presented, being proceedings for relief which are themselves pending at the commencement of this Act,
Nothing in any repeal made by this Act shall affect any order made, or deemed to have been made, under the Act of 1965 which was continued in force by paragraph 1 of Schedule 1 to the Matrimonial Proceedings and Property Act 1970 notwithstanding the repeal by the last-mentioned Act of the provision of the Act of 1965 under which the order had effect, and every such order shall, if in force at the commencement of this Act, continue in force subject to the provisions of this Act.
Nothing in sections 11 to 14 or 16 of this Act affects any law or custom relating to the marriage of members of the Royal Family.
Nothing in section 50(1)(a) or (c) above affects— but rules of court made under section 50 may revoke any rules of court made under the said Act of 1925 in so far as they apply for any such purposes.
any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925 for the purposes of proceedings under section 39 of the Act of 1965 and having effect by virtue of paragraph 1(b) above in relation to proceedings under section 45 above;
any rules of court so made for the purposes of proceedings under section 17 of the Married Women’s Property Act 1882 or under section 1 of the Matrimonial Homes Act 1967; or
any rules of court so made for the purposes of the exercise by the High Court of its jurisdiction to grant declaratory relief in proceedings in which the only substantive relief sought is a declaration with respect to a person’s matrimonial status;
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at the time when the agreement was made the respondent had deserted the petitioner without cause ; or
the court is satisfied that the circumstances in which the agreement was made and the parties proceeded to live separate and apart were such as, but for the agreement, to amount to desertion of the petitioner by the respondent.
Where the party chargeable under a maintenance agreement within the meaning of section 34 above died before 17th August 1957, then—
subsection (1) of that section shall not apply to the agreement unless there remained undistributed on that date assets of that party’s estate (apart from any property in which he had only a life interest) representing not less than four-fifths of the value of that estate for probate after providing for the discharge of the funeral, testamentary and administrative expenses, debts and liabilities payable thereout (other than any liability arising by virtue of that subsection); and
nothing in that subsection shall render liable to recovery, or impose any liability upon the personal representatives of that party in respect of, any part of that party’s estate which had been distributed before that date.
No right or liability shall attach by virtue of section 34(1) above in respect of any sum payable under a maintenance agreement within the meaning of that section in respect of a period before 17th August 1957.
Subject to sub-paragraphs (2) and (3) below, a marriage celebrated before 1st August 1971 shall (without prejudice to any other grounds on which a marriage celebrated before that date is by law void or voidable) be voidable on the ground— In relation to a marriage celebrated before 1st November 1960, for heads (ii) and (iii) of sub-paragraph (1)(b) above shall be substituted the following heads—. The court shall not grant a decree of nullity in a case falling within sub-paragraph (1) (b), (c) or (d) above unless it is satisfied that— and where the proceedings with respect to the marriage are instituted after 31st July 1971 the application of section 13(1) above in relation to the marriage shall be without prejudice to the preceding provisions of this sub-paragraph. The court shall not make a nullity of marriage order in a case falling within sub-paragraph (1)(e) above unless it is satisfied that proceedings were instituted within six months from the date of issue of the interim gender recognition certificate. Nothing in this paragraph shall be construed as validating a marriage which is by law void but with respect to which no decree of nullity or nullity of marriage order has been made.
Where a decree of nullity was granted on or before 31st July 1971 in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled shall be deemed to be their legitimate child.
Section 18(2) above shall not apply in a case where the death occurred before 1st August 1970, but section 20(3) of the Act of 1965 (which provides that certain property of a wife judicially separated from her husband shall devolve, on her death intestate, as if her husband had then been dead) shall continue to apply in any such case.
Any decree of divorce, nullity of marriage or judicial separation which, apart from this paragraph, would be void or voidable on the ground only that the provisions of section 33 of the Act of 1965 (restriction on the making of decrees of dissolution or separation where children are affected) or of section 2 of the Matrimonial Proceedings (Children) Act 1958 (corresponding provision replaced by section 33) had not been complied with when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless—
the court declared the decree to be void before 1st January 1971, or
in proceedings for the annulment of the decree pending at that date the court has before the commencement of this Act declared or after that commencement declares the decree to be void.
An order made, or deemed to have been made, under section 16(1)(a) or (b) of the Act of 1965 (including either of those paragraphs as applied by section 16(3) or by section 19) shall, notwithstanding anything in the order, cease to have effect on the remarriage after the commencement of this Act of the person in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage. An order for the payment of alimony made, or deemed to have been made, under section 20 of the Act of 1965, and an order made, or deemed to have been made, under section 21 or 22 of that Act shall, if the marriage of the parties to the proceedings in which the order was made was or is subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the commencement of this Act of the party in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage.
Section 38 above shall apply in relation to an order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) and by section 19), 20(1), 21 or 22 of the Act of 1965 as it applies in relation to a periodical payments or secured periodical payments order in favour of a party to a marriage.
Subject to the provisions of this paragraph, section 31 above shall apply, as it applies to the orders mentioned in subsection (2) thereof, to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the following provisions of the Act of 1965, that is to say— Subject to the provisions of this paragraph, the court hearing an application for the variation of an order made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in sub-paragraph (1) above shall have power to vary that order in any way in which it would have power to vary it had the order been made under the corresponding provision of Part II of this Act. Section 31, as it applies by virtue of sub-paragraph (1) above, shall have effect as if for subsections (4), (5) and (6) there were substituted the following subsections—; and in that section, as it so applies, the reference in subsection (8) to a secured periodical payments order shall be construed as a reference to any such order as is mentioned in subsection (6). In relation to an order made before 16th December 1949 on or after granting a decree of divorce or nullity of marriage and deemed, by virtue of paragraph 1 of Schedule 1 to the Act of 1965, to have been made under section 16(1)(a) of that Act (secured provision), the powers conferred by this paragraph shall not be exercised unless the court is satisfied that the case is one of exceptional hardship which cannot be met by discharge, variation or suspension of any other order made by reference to that decree, being an order made, or deemed by virtue of that paragraph to have been made, under section 16(1)(b) of that Act (unsecured periodical payments).
Subsections (1) and (3) of section 31 above shall apply to an order made or deemed to have been made under section 15 of the Act of 1965 in its application to proceedings for restitution of conjugal rights, or under section 21 or 34(1)(c) of that Act, as they apply to the orders mentioned in subsection (2) of section 31. In exercising the powers conferred by virtue of this paragraph the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates.
Section 42(7) above shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 34 of the Act of 1965, and in relation to an order for the custody of a child made or deemed to have been made under section 35 of that Act, as it applies in relation to an order made under section 42.
The power of the court under section 23(1) or (2)(a) or 42(1)(a) above to make from time to time a financial provision order or, as the case may be, an order for custody or education in relation to a child of the family shall be exercisable notwithstanding the making of a previous order or orders in relation to the child under section 34(1)(a) of the Act of 1965; and where the court has made an order in relation to a child under section 34(1)(b) of that Act sections 23(4) and 42(6) above shall apply respectively in relation to that child as if the order were an order made under section 23(2)(b) or section 42(1)(b), as the case may be.
Where the court has made an order under section 22 of the Act of 1965 the court shall have the like power to make orders under section 42 above with respect to the custody of any child of the family as it has where it makes an order under section 27 above.
Section 32 above shall apply in relation to the enforcement, by proceedings begun after 1st January 1971 (whether before or after the commencement of this Act), of the payment of arrears due under an order made, or deemed to have been made, under any of the following provisions of the Act of 1965, that is to say— as it applies in relation to the enforcement of the payment of arrears due under any such order as is mentioned in that section.
section 15;
section 16(1) (including that subsection as applied by section 16(3) and by section 19);
section 20(1);
section 21;
section 22;
section 34(1), in so far as it relates to the maintenance of a child, and section 34(3);
Section 33 above shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in paragraph 22 above as it applies to the orders mentioned in section 33(2).
Section 37 above shall apply in relation to proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 continuing by virtue of paragraph 4(b) above as it applies in relation to proceedings for relief under any of the provisions of this Act specified in section 37(1). Without prejudice to sub-paragraph (1) above, section 37 shall also apply where an order has been obtained under any of the following provisions of the Act of 1965, that is to say— as it applies where an order has been obtained under any of the provisions of this Act specified in section 37(1).
Sections 43 and 44 above shall apply where the court has jurisdiction by virtue of paragraph 4(b) above to make an order for the custody of a child under section 34(1)(c) of the Act of 1965 as they apply where the court has jurisdiction to make an order for custody under Part III of this Act, but as if the reference in section 43(2) to a financial provision order in favour of the child were a reference to an order for payments for the maintenance and education of the child. Without prejudice to the effect of paragraph 1(a) of this Schedule in relation to an order made under section 36 or 37 of the Act of 1965 which could have been made under section 43 or, as the case may be, section 44 above, any order made under section 36 or 37 of that Act by virtue of the jurisdiction of the court to make an order for the custody of a child under section 34(1)(c) of that Act shall be deemed to have been made under section 43 or 44 above, as the case may require.
Section 44(4) above shall apply in relation to the jurisdiction possessed by a court to vary an order made or deemed to have been made with respect to a child’s custody, maintenance or education under Part III of the Act of 1965 as it applies in relation to the jurisdiction possessed by a court to vary any financial provision order in a child’s favour and any order made with respect to a child’s custody or education under Part III of this Act.
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In section 2(1) of the Limitation (Enemies and War Prisoners) Act 1945, in the definition of “statute of limitation” for the words “subsection (1) of section seven of the Matrimonial Causes Act 1937” there shall be substituted the words “ section 13(2) of the Matrimonial Causes Act 1973 and paragraph 11(3) of Schedule 1 to that Act ”.
In section 16 of the Maintenance Orders Act 1950 (orders enforceable under Part II of that Act)— Sub-paragraph (1) above extends to Scotland and Northern Ireland, and the references to section 16(2)(c) of the Maintenance Orders Act 1950 in paragraph 8 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 9 of Schedule 1 to the Attachment of Earnings Act 1971 shall be construed as references to section 16(2)(c) as amended by sub-paragraph (1)(b) above.
In section 109(2) of the County Courts Act 1959 (proceedings in which appeals on questions of fact are to lie) the following paragraph shall be inserted after paragraph (f) (in place of the paragraph inserted by section 34(2) of the Matrimonial Proceedings and Property Act 1970):—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 42 of that Act (provisions as to condonation), at the beginning of subsections (1) and (3) there shall be inserted the words “ For the purposes of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ”.
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In subsection (1) of section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain proceedings) for the words in paragraph (a) “section 39 of the Matrimonial Causes Act 1965” there shall be substituted the words “ section 45 of the Matrimonial Causes Act 1973 ”, the following paragraph shall be substituted for the paragraph (c) inserted in the subsection by paragraph 3 of Schedule 2 to the Matrimonial Proceedings and Property Act 1970:—; subsection (2) of that section shall be omitted, and the references in subsection (3) of that section to subsection (1) and to subsection (1)(a) thereof shall be construed as references to subsection (1) and to subsection (1)(a) as they respectively have effect by virtue of this sub-paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7 of the Family Law Reform Act 1969 (committal of wards of court to care of local authority and supervision of wards of court)—
in subsection (3), for the words “section 36 of the Matrimonial Causes Act 1965” there shall be substituted the words “ section 43 of the Matrimonial Causes Act 1973 ”;
in subsection (4), for the words from “subsections (2)” to “1965” there shall be substituted the words “ section 44(2) of the Matrimonial Causes Act 1973 ”.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 8 to that Act (as it applies to define maintenance orders both for the purposes of Part II of that Act and for the purposes of the Maintenance Orders Act 1958) the following paragraph shall be inserted after paragraph 2:—.
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in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs:—;
in subsection (6), after the word "under" there shall be inserted the words " section 50 of the Matrimonial Causes Act 1973 for the purposes of "; and
subsection (7) shall be omitted.
In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) for paragraph 3 there shall be substituted the following paragraph—.
in the case of a scheme established under a trust, the trustees of the scheme, and
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" child of the family ", in relation to the parties to a marriage, means—
a child of both of those parties; and
any provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland.
“ the party with compensation rights ” means the party to the marriage who is or is likely to be entitled to PPF compensation, and “ the other party ” means the other party to the marriage;
In this Act—
references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above;
references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above.
references to pension sharing orders shall be construed in accordance with section 21A above; and
For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.
Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.
References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.
Schedule 1 to this Act shall have effect for the purpose of—
the transition to the provisions of this Act from the law in force before the commencement of this Act;
the preservation for limited purposes of certain provisions superseded by provisions of this Act or by enactments repealed and replaced by this Act; and
the assimilation in certain respects to orders under this Act of orders made, or deemed to have been made, under the Matrimonial Causes Act 1965.
In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—
a reference to a divorce order includes a decree of divorce,
a reference to a nullity of marriage order includes a decree of nullity of marriage;
a reference to a judicial separation order includes a decree of judicial separation;
a reference to making includes granting;
a reference to an order being made final includes a decree being made absolute.
Subject to the provisions of Schedule 1 to this Act—
the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act or on enactments repealed by this Act; and
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The amendment of any enactment by Schedule 2 to this Act shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
This Act may be cited as the Matrimonial Causes Act 1973.
This Act shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.
Subject to the provisions of paragraphs 3(2) ... of Schedule 2 below, this Act does not extend to Scotland or Northern Ireland.