In relation to an application under this section on the ground mentioned in subsection (1)(a) above. any other grant that does not permit any of the estate to be distributed. 2005/3175, art. 3, Sch. Education Act 1944 together with any Order in Council made under that section) unless the court thinks it right in the circumstances of the case to specify a later date ; and. Schedule Part Part provisions of previous enactments. 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. (2)Where proceedings for financial relief are brought by one person against another, the court may, on the applicaton of the first-mentioned person. 2, (1)For the purposes of this Act, a pension sharing order is an order which, (i)shareable rights under a specified pension arrangement, or, be subject to pension sharing for the benefit of the other party, and. para. . [F50(4)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). 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. 2011/664, art. 2(2) (subject to art. (4C)The variation of a pension sharing order [F147or 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.]. Section 22, Matrimonial Causes Act 1973 Practical Law Primary Source 5-521-8911 (Approx. 27 para. and ending with the date of the determination of the suit, as the court thinks reasonable. Interpretation 6. para. 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. 3 para. (b)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. 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 petition or answer; and. . 27 para. (1)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. . 26(c) (with s. 8(4)-(6)); S.I. 2, F105Words in s. 28(1)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 2, F168S. . 8(5); S.I. . 5(3), 48(2), F116Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. . 2, F49Words in s. 25A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. MATRIMONIAL CAUSES ACT, 1 OF 1973.pdf -. (7F)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 [F164section 24] above. 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. . 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. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 5); S.I. (6)Where on an application under this section the applicant satisfies the court of any ground mentioned in subsection (1) above, the court may make such one or more of the following orders as it thinks just, that is to say. 43(3)(b); S.I. 2, F107S. (c)marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree; 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. 19(b) (with s. 8(4)(5)(6)); S.I. 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; 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. There are currently no known outstanding effects for the Matrimonial Causes Act 1973, Part II. (c)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. 3(b), F131Word in s. 31(2)(dd)(i) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 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. (4)Subsection (5) applies to an order under section 23 if, (a)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. 2, F29S. 4(4), 26, Sch. 13 Pt. 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. 3-11), F184Word in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 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. 11, F25S. Regulations under subsection (1)(e) may include. section 24 of the matrimonial causes act 1973 (7)In this section " collecting officer", in relation to an attachment of earnings order, means the officer of the High Court, the registrar of a county court or the clerk of a magistrates' court to whom a person makes payments in compliance with the order. MATRIMONIAL CAUSES ACT, 1971 ACT 367 ARRANGEMENT OF SECTIONS PART ONE Divorce 1. 22 renumbered as s. 22(1) (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. Having considered the questions, the courts held the wife's entitlement to a lump sum of 125,000. an extension of the period to which the original order is limited by any variation made by the court. The power conferred by subsection (2) or (5) may not be exercised in relation to rights to, 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. Revised legislation carried on this site may not be fully up to date. . 2. 2, F22Words in s. 24A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 2. in a case falling within subsection (2)(c) above, that the disposition has had the consequence. (2)The court shall not entertain an application under this section unless it would have jurisdiction to entertain proceedings by the applicant for judicial separation. F127S. 25B(7A)-(7C) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 2000/1116, art. former spouse protection act remarriage ], F1Words in s. 21(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 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. 4; S.I. 27 para. 4. 72.] PPF compensation means compensation payable under the pension compensation provisions; the pension compensation provisions means. 2(e) (with art. (3)If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries, that party shall not be entitled to apply, by reference to the grant of that decree, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage. 18(8)(a), 139(4), F162Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. . 2007/1897, art. Consent orders for financial provision or property adjustment. For the purposes of subsection (3)(c), rights to. 8(6); S.I. 19(b) (with ss. 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. has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family. 8) (as amended by S.I. 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 . . 3-11), F186Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2022/283, reg. the effect of the order or variation on the paying party. 2, Sch. 12 para. Section 3 - Adultery Of Respondent. Access essential accompanying documents and information for this legislation item from this tab. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (b)the changed circumstances resulting from the death of the person so liable. 2006/1932), reg. Ss. Geographical Extent: 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. . 29(7); S.I. 2022/283, reg. 20(2); S.I. 67(1), 68, Sch. For the purposes of subsection (3)(d), rights to. 2, F2Sch. '\^ WSh%_fkGS)2;3=B4W''f&>5@_=c#> (1)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 F180 either party may apply to the court F181 for an order under this section. 3 para. 33A and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 8(3); S.I. (2)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. I para. 2014/956, arts. in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer. ], [F157(7A)Subsection (7B) below applies where, after the dissolution of a marriage, the court, (a)discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or. (b)leave to enforce, or the enforcement of, the payment of arrears under that order; but when not made in such proceedings shall be made to [F175the family court], and accordingly references in this section to the court are references to the High Court or [F175the family court], as the circumstances require. para. 25D(2A)-(2C) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 2011/664, art. para. 3(2)(b) (with s. 83(6)); S.I. 261(1), 263, Sch. The following provisions apply where, having regard to any benefits under a pension. (5)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. 27(8) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(2), Sch. 38 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. Polygamous marriages 7. 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