Matrimonial Causes Act 1973

52 Interpretation. E+W

(1) In this Act—

• F1 . . .

• “child”, in relation to one or both of the parties to a marriage, includes an illegitimate F2 . . . child of that party or, as the case may be, of both parties;

• “child of the family”, in relation to the parties to a marriage, means—

  (a)

  a child of both of those parties; and

  (b)

  any other child, not being a child who [F3 is placed with those parties as foster parents] by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

• “the court” (except where the context otherwise requires) means the High Court or, where a county court has jurisdiction by virtue of [F4 Part V of the Matrimonial and Family Proceedings Act 1984], a county court;

• F5 . . .

• “education” includes training.

• [F6 “ [F7 maintenance calculation]” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.]

(2) In this Act—

(a) references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above;

[F8 (aa) references to pension sharing orders shall be construed in accordance with section 21A above; and]

(b) references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above.

(3) For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.

[F9 (3A) References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.]

(4) Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.

Textual Amendments

F1 Definition repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975

F2 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I as respects things done, or events occurring, after 31.12.1975

F3 Words in s. 52(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 12 para. 33 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 47(1)(e), 48(3), Sch. 1 para. 16

F5 Definition in s. 52(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F6 Definition in s. 52(1) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4

F7 Words in s. 52(1) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(2), Sch. 3 para. 3(4) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F8 S. 52(2)(aa) substituted for word in s. 52(2) (1.11.1999 for specified purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3 para. 11; S.I. 2000/1116, art. 2

F9 S. 52(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 46; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))