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Matrimonial Causes Act 1973

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Changes over time for: Cross Heading: Additional provisions with respect to financial provision and property adjustment orders

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Changes to legislation:

Matrimonial Causes Act 1973, Cross Heading: Additional provisions with respect to financial provision and property adjustment orders is up to date with all changes known to be in force on or before 13 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 11(a)(iia) inserted by 2024 c. 21 s. 75(4)
  • s. 25B(2)(c) added by 1996 c. 27 s. 16(2) (This amendment not applied to legislation.gov.uk. S. 16 repealed (13.5.2014) without ever being in force by 2014 c. 6, s. 18(1))
  • s. 25B(8)(9) added by 1996 c. 27 s. 16(3) (This amendment not applied to legislation.gov.uk. S. 16 repealed (13.5.2014) without ever being in force by 2014 c. 6, s. 18(1))

Additional provisions with respect to financial provision and property adjustment ordersE+W

28 Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage [F1or formation of civil partnership].E+W

(1)[F2Subject in the case of an order made on or after the [F3making 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—

(a)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 [F4making of a divorce or nullity of marriage order,] the remarriage of [F5, or formation of a civil partnership by,] the party in whose favour the [F6periodical payments] order is made; and

(b)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 [F7making of a divorce or nullity of marriage order,] the remarriage of [F5, or formation of a civil partnership by,] the party in whose favour the [F8secured periodical payments] order is made.

[F9(1A)Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the [F10making 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 [F11periodical payments or secured periodical payments] order]

(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 [F12making of a divorce or nullity of marriage order,] and the marriage in question is subsequently dissolved or annulled but the [F13periodical payments or secured periodical payments order continues in force, that order] shall, notwithstanding anything in it, cease to have effect on the remarriage of [F14, or formation of a civil partnership by,] that party, except in relation to any arrears due under it on the date of the remarriage [F15or formation of the civil partnership].

(3)If after the [F16grant or making of a decree or order] dissolving or annulling a marriage either party to that marriage remarries [F17whether at any time before or after the commencement of this Act][F18or forms a civil partnership], that party shall not be entitled to apply, by reference to the [F19grant 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.

[F20(4)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).]

Textual Amendments

Modifications etc. (not altering text)

29 Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour.E+W

(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.

(2)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 [F21or a date ascertained in accordance with subsection (5) or (6) below] but—

(a)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 [F22(construed in accordance with section 8 of the Education Act 1996)][F23unless 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

(b)shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday.

(3)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—

(a)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

(b)there are special circumstances which justify the making of an order without complying with either or both of those provisions.

(4)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.

[F24(5)Where—

(a)a [F25maintenance calculation] (“the [F26current calculation]”) is in force with respect to a child; and

(b)an application is made under Part II of this Act for a periodical payments or secured periodical payments order in favour of that child—

(i)in accordance with section 8 of the Child Support Act 1991, and

(ii)before the end of the period of 6 months beginning with the making of the [F26current calculation]

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.

(6)For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—

(a)the date 6 months before the application is made; or

(b)the date on which the [F26current calculation] took effect or, where successive [F27 maintenance calculations] have been continuously in force with respect to a child, on which the first of [F27those calculations] took effect.

(7)Where—

(a)a [F25 maintenance calculation] ceases to have effect [F28or is cancelled] by or under any provision of the Child Support Act 1991; and

(b)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 [F25maintenance calculation] was in force immediately before it ceased to have effect [F28or was cancelled],

the term to be specified in any such order made on that application may begin with the date on which that [F25maintenance calculation] ceased to have effect [F28or, as the case may be, the date with effect from which it was cancelled], or any later date.

(8)In subsection (7)(b) above—

(a)where the [F25maintenance calculation] ceased to have effect, the relevant date is the date on which it so ceased; [F29and]

(b)[F29where the maintenance assessment was cancelled, the relevant date is the later of—

(i)the date on which the person who cancelled it did so, and

(ii)the date from which the cancellation first had effect.]]

Textual Amendments

F21Words in s. 29(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 1

F25Words in s. 29(5)(a)(7)(8)(a) substituted (3.3.2003 for certain purposes, otherwise prosp.) 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.

F26Words in s. 29(5)(a)(b)(ii)(6)(b) substituted (3.3.2003 for certain purposes, otherwise prosp.) 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.

F27Words in s. 29(6)(b) substituted (3.3.2003 for certain purposes, otherwise prosp.) 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.

F28Words in s. 29(7) repealed (3.3.2003 for certain purposes, otherwise prosp.) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F29S. 29(8)(b) and preceding word repealed (3.3.2003 for certain purposes, otherwise prosp.) by 2000 c. 19, ss. 85, 86(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

Modifications etc. (not altering text)

30 Direction for settlement of instrument for securing payments or effecting property adjustment.E+W

Where the court decides to make a financial provision order requiring any payments to be secured or a property adjustment order—

(a)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

(b)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 [F30making of the divorce, nullity of marriage or judicial separation order] until the instrument has been duly executed.

Textual Amendments

Modifications etc. (not altering text)

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