Matrimonial Causes Act 1973

Changes to legislation:

There are currently no known outstanding effects for the Matrimonial Causes Act 1973, Section 28.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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.