Matrimonial Causes Act 1973 (c. 18)

Part II E+W Financial Relief for Parties to Marriage and Children of Family

Miscellaneous and supplemental E+W

40 Payments, etc., under order made in favour of person suffering from mental disorder. E+W

[F1 (1)] 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 [F2 (“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 [F3 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 [F4 such person (“D”) as it may direct].

[F5 (2) 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).]

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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)

Modifications etc. (not altering text)

C1 S. 40 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(k), 48(2)