The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Application to orders under Articles 18 and 21 of certain provisions of Part III of the principal Order N.I.

25.— [F1 (1)] The following provisons of Part III of the principal Order (financial relief for parties to marriage and children of family) shall apply in relation to an orderF1 . . . under Article 18 or 21 as they apply in relation to a like orderF1 . . . under that Part of that Order, that is to say—

(a) Article 25(3) (provisions as to lump sums);

(b) Article 25(6) (consequential directions by court);

[F1 (ba) Article 26A(3) to (5) (provisions about pension sharing orders in relation to divorce and nullity);

(bb) Article 26B (duty to stay pension sharing orders);

(bc) Article 26C (apportionment of pension sharing charges);]

[F2 (bca) Article 26D(3) to (10) (provisions about pension compensation orders in relation to divorce and nullity);

(bcb) Article 26E (duty to stay pension compensation sharing orders);

(bcc) Article 26F (apportionment of pension compensation sharing charges);]

[F1 (bd) Article 27B(3) to (9) (power, by financial provision order, to attach payments under a pension arrangement, or to require the exercise of a right of commutation under such an arrangement);

(be) Article 27C (extension of lump sum powers in relation to death benefits under a pension arrangement);]

[F3 (bf) Article 27E(2) to (10) (the Pension Protection Fund),]

[F4 (bg) Article 27F (power, by financial provision order, to attach pension compensation payments, or to require the exercise of a right of commutation of pension compensation);]

(c) Article 30(1) and (2) (duration of continuing financial provision orders in favour of party to marriage);

(d) Article 31 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour);

(e) Article 32 (direction for settlement of instrument for securing payments or effecting property adjustment), except paragraph (b);

(f) Article 33 (variation, discharge etc. of certain orders for financial relief), except paragraph (2)(e) and paragraph (4);

(g) Article 34 (payment of certain arrears unenforceable without the leave of the court);

(h) Article 35 (orders for repayment of sums paid under certain orders);

(i) Article 40 (orders for repayment of sums paid after cessation of order by reason of remarriage);

(j) Article 41 (settlements etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor); and

(k) Article 42 (payments etc. under order made in favour of person suffering from mental disorder).

[F1 (l) Article 42A (appeals relating to pension sharing orders which have taken effect).]

[F5 (m) Article 42B (appeals relating to pension compensation sharing orders which have taken effect).]

[F1 (2) Paragraph (1)(bd) [F6 , (be) and (bg)] shall not apply where the court has jurisdiction to entertain an application for an order for financial relief by reason only of the situation in Northern Ireland of a dwelling-house which was a matrimonial home of the parties.

(3) Article 27D(1) of the principal Order (effect of transfers on orders relating to rights under a pension arrangement) shall apply in relation to an order made under Article 21 by virtue of paragraph (1)(bd) or (be) as it applies in relation to an order made under Article 25 of the principal Order by virtue of Article 27B or 27C of that Order.

(4) The Lord Chancellor may by regulations make for the purposes of this Part provision corresponding to any provision which may be made by him under paragraphs (2) and (2A) of Article 27D of the principal Order [F7 or under paragraphs (1) and (2) of Article 27G of that Order].

(5) Regulations under this Article shall be subject to [F8 negative resolution].]

F1 1999 NI 11

F2 Art. 25(1)(bca)-(bcc) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 13(2); S.R. 2011/108, art. 2(2), Sch.

F3 Art. 25(1)(bf) inserted (1.1.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 3(3); S.R. 2005/543, art. 2(3), Sch. Pt. 3

F4 Art. 25(1)(bg) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 13(3); S.R. 2011/108, art. 2(2), Sch.

F5 Art. 25(1)(m) added (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 13(4); S.R. 2011/108, art. 2(2), Sch.

F6 Words in art. 25(2) substituted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 13(5); S.R. 2011/108, art. 2(2), Sch.

F7 Words in art. 25(4) added (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118(1), Sch. 5 para. 13(6); S.R. 2011/108, art. 2(2), Sch.

F8 Words in art. 25(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 140(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)