Family Law Act 1996

14 (1) Section 28 (duration of continuing financial provision order in favour of a party to a marriage) is amended as follows.

(2) In subsection (1A), for the words from the beginning to “nullity of marriage” substitute—

“(1A) At any time when—

(a) the court exercises, or has exercised, its power under section 22A or 23 above to make a financial provision order in favour of a party to a marriage,

(b) but for having exercised that power, the court would have power under one of those sections to make such an order, and

(c) an application for a divorce order or a petition for a decree of nullity of marriage is outstanding or has been granted in relation to the marriage,”.

(3) Insert, after subsection (1A)—

“(1B) If the court—

(a) exercises, or has exercised, its power under section 22A at any time before making a divorce order, and

(b) gives a direction under subsection (1A) above in respect of a periodical payments order or a secured periodical payments order,

it shall provide for the direction not to take effect until a divorce order is made.”

(4) In subsection (2), for the words from “on or after” to “nullity of marriage” substitute “at such a time as is mentioned in subsection (1A)(c) above”.

(5) In subsection (3)—

(a) for “a decree” substitute “an order or decree”; and

(b) for “that decree” substitute “that order or decree”.