Family Law Reform Act 1987

14 Orders for financial relief for persons over eighteen

After section 11C of the 1971 Act there shall be inserted the following section—

“11D Orders for financial relief for persons over eighteen.

(1) If, on an application by a person who has attained the age of eighteen and whose parents are not living with each other in the same household, it appears to the High Court or a county court—

(a) that the applicant is, will be or (if an order were made under this section) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or

(b) that there are special circumstances which justify the making of an order under this section,

the court may make one or both of the orders mentioned in subsection (2) of this section.

(2) The orders referred to in subsection (1) of this section are—

(a) an order requiring either or both of the applicant's parents to pay to the applicant such periodical payments, and for such term, as may be specified in the order; and

(b) an order requiring either or both of the applicant's parents to pay to the applicant such lump sum as may be so specified.

(3) An application may not be made under this section by any person if, immediately before he attained the age of sixteen, a periodical payments order was in force with respect to him.

(4) No order shall be made under this section at a time when the parents of the applicant are living with each other in the same household.

(5) Any order made under this section requiring the making of periodical payments shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

(6) An order under this section requiring the making of periodical payments may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

(7) In subsection (3) of this section 'periodical payments order' means an order made under—

(a) this Act,

(b) section 6(3) of the [1969 c. 46.] Family Law Reform Act 1969,

(c) section 23 or 27 of the [1973 c. 18.] Matrimonial Causes Act 1973,

(d) section 34 of the [1975 c. 72.] Children Act 1975, or

(e) Part I of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978,

for the making or securing of periodical payments.”