Matrimonial Causes Act 1973 c. 18 SCHEDULES : I. Miscellaneous and general. <> (a)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; (b)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. 31(7)(10) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2011/664, art. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 21(2); S.I. F194(7). 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 granting a decree of divorce or nullity of marriage, neither the order nor any settlement made in pursuance of the order shall take effect unless the decree has been made absolute. 11(2), F209Words substituted by virtue of Insolvency Act 1986 (c. 45, SIF 66), ss. 31(2)(dd)(iii) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. para. (3)Where an order is made under subsection (1) above on or after the [F22making 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.]. 2, F18Words in s. 24(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 2, F134Words in s. 31(2)(dd) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. ]. 3(2)(b), 7(3), C16S. . 2000/1116, art. 3-11), F182S. 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. 11 para. 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. 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. Pt. (b)the income, earning capacity (if any), property and other financial resources of the child ; (c)any physical or mental disability of the child ; (d)the standard of living enjoyed by the family before the breakdown of the marriage; (e)the manner in which he was being and in which the parties to the marriage expected him to be educated or trained; and so to exercise those powers as to place the child, so far as it is practicable and, having regard to the considerations mentioned in relation to the parties to the marriage in paragraph (a) and (b) of subsection (1) above, just to do so, in the financial position in which the child would have been if the marriage had not broken down and each of those parties had properly discharged his or her financial obligations and responsibilities towards him. 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. An application under this section may be made in proceedings in the High Court or a county 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 a county court; and accordingly references in this section to the court are references to the High Court or a county court, as the circumstances require. para. para. 1 para. Schedule Part Part provisions of previous enactments. 13 Pt. 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. Ctrl + Alt + T to open/close. 2011/664, art. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 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. ], F32Ss. . compensation are the subject of pension compensation attachment if there is in force a requirement imposed by virtue of section 25F relating to them. A county court shall not entertain an application under this section, or an application for permission to make an application under this section, unless it would have jurisdiction by virtue of section 7 of the. . . Matters to which court is to have regard in deciding how to exercise power under section 22ZA, When considering whether to make or vary an order under section 22ZA, the court must have regard to. . ( 4 )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. as may appear to [F185the court] to be just having regard to all the circumstances, including, if relevant, the matters mentioned in [F186section 25(4)] above; and the agreement shall have effect thereafter as if any alteration made by the order had been made by agreement between the parties and for valuable consideration. 2, F110Words in s. 28(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (b)specifies the percentage value to be transferred. . 1 0 obj (a)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; (b)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; (c)an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified; (d)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; (e)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; (f)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; 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. 2, F173S. 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. MATRIMONIAL CAUSES ACT 1959-1973 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. 4 para. (1)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. 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. 25F, 25G inserted (s. 25G in force at 6.3.2011, s. 25F in force at 6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. (2C)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 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. (1)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 High Court or a county court for an order under section 35 above. . 6 para. the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor. 3(3)(a) (with s. 83(6)); S.I. 3; S.I. (c)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); 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 other grant that does not permit any of the estate to be distributed. 2000/1116, art. . (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. 11(4) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (2B)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. . Variation, discharge and enforcement of certain orders, etc. (a)a grant limited to settled land or to trust property. (2)On an application under this section the court 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. (b)there are special circumstances which justify the making of an order without complying with either or both of those provisions. 21(i), 48(2), 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 [F208a transaction in respect of which an order may be made under [F209section 339 or 340 of the M3Insolvency Act 1986] (transactions at an undervalue and preferences. (2)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 [F110making of a divorce or nullity of marriage order,] and the marriage in question is subsequently dissolved or annulled but the [F111periodical payments or secured periodical payments order continues in force, that order] shall, notwithstanding anything in it, cease to have effect on the remarriage of [F112, or formation of a civil partnership by,] that party, except in relation to any arrears due under it on the date of the remarriage [F113or formation of the civil partnership]. Contribution towards, reasonable maintenance for any child of the marriage Act 2020 ( S.I corresponds to the party the Not yet applied to the satisfaction of the legislation item from this tab F62Words Courts functions in connection with the exercise of any of the dissolution the. On will show extra navigation options to open legislation in order to more! 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