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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  • art. 19(1) words omitted by S.I. 2019/519 Sch. para. 18(2)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 18(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(h))
  • art. 19(1) words substituted by S.I. 2019/519, Sch. para. 18(2)(a) (as substituted) by S.I. 2019/1338 reg. 3(3)(h) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • art. 19(1A) omitted by S.I. 2019/519 Sch. para. 18(2)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 18(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(h))
  • art. 19(1A) words substituted by S.I. 2019/519, Sch. para. 18(2)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(h) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • art. 19(3) omitted by S.I. 2019/519 Sch. para. 18(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 18(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(h))
  • art. 19(3) words substituted by S.I. 2019/519, Sch. para. 18(2)(c) (as substituted) by S.I. 2019/1338 reg. 3(3)(h) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • art. 33(1)(a) words substituted by 2022 c. 18 (N.I.) Sch. 3 para. 10(a)
  • art. 33(2)(a) words substituted by 2022 c. 18 (N.I.) Sch. 3 para. 10(b)
  • art. 35 applied by 2022 c. 18 (N.I.) s. 91(4)
  • art. 36 applied by 2022 c. 18 (N.I.) s. 91(4)

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II TIME RESTRICTIONS ON PRESENTATION OF PETITIONS FOR DIVORCE OR NULLITY OF MARRIAGE

    1. 3.Bar on petitions for divorce within two years of marriage

    2. 4.Extension of period for proceedings for decree of nullity in respect of voidable marriage

  4. PART III FINANCIAL RELIEF IN MATRIMONIAL PROCEEDINGS

    1. Provisions relating to powers of the High Court and county courts

      1. 5.Interest on lump sums

      2. 6.Orders for financial relief after divorce, etc.

      3. 7.Orders for financial relief in case of neglect to maintain

      4. 8.Duration of orders for periodical payments and effect of remarriage

      5. 9.Variation and discharge of orders for periodical payments

      6. 10.Consent orders for financial provision or property adjustment

      7. 11.Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

    2. Provisions relating to powers of courts of summary jurisdiction

      1. 12.Orders for financial relief made by courts of summary jurisdiction in matrimonial proceedings

      2. 13.Orders for payments which have been agreed by the parties

      3. 14.Variation of consent orders by courts of summary jurisdiction

      4. 15.Domestic proceedings in courts of summary jurisdiction to include applications to alter maintenance agreements

  5. PART IV FINANCIAL RELIEF IN NORTHERN IRELAND AFTER OVERSEAS DIVORCE ETC.

    1. Applications for financial relief

      1. 16.Applications for financial relief after overseas divorce etc.

      2. 17.Leave of the court required for applications for financial relief

      3. 18.Interim orders for maintenance

      4. 19.Jurisdiction of the court

      5. 20.Duty of the court to consider whether Northern Ireland is appropriate venue for application

    2. Orders for financial provision and property adjustment

      1. 21.Orders for financial provision and property adjustment

      2. 22.Matters to which the court is to have regard in exercising its powers under Article 21

      3. 23.Consent orders for financial provision or property adjustment

      4. 24.Restriction of powers of court where jurisdiction depends on matrimonial home in Northern Ireland

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

    3. Orders for transfer of tenancies

      1. 26.Powers of the court in relation to certain tenancies of dwelling-houses

    4. Avoidance of transactions intended to prevent or reduce financial relief

      1. 27.Avoidance of transactions intended to defeat applications for financial relief

      2. 28.Prevention of transactions intended to defeat prospective applications for financial relief

    5. Financial provision out of estate of deceased party to marriage

      1. 29.Extension of powers under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 in respect of former spouses

    6. Interpretation

      1. 30.Interpretation of Part IV

  6. PART V DECLARATIONS OF STATUS

    1. 31.Declarations as to marital status

    2. Art. 31A inserted prosp. by 1993 NI 6

    3. 31B.Declarations of parentage

    4. 32.Declaration of parentage, legitimacy or legitimation

    5. 33.Declarations as to adoptions effected overseas

    6. 34.General provisions as to the making and effect of declarations

    7. 35.Provisions relating to the Attorney-General

    8. 36.Supplementary provisions as to declarations

    9. 37.Declarations in respect of polygamous marriages

    10. 38.Repeal of certain statutory provisions relating to declarations

    11. 39.Abolition of right to petition for jactitation of marriage

    12. 40.Meaning of “the court” and appeals from county courts

  7. Part. VI (Art. 41) rep. by 1998 NI 6

    1. Part. VI (Art. 41) rep. by 1998 NI 6

  8. PART VII SUPPLEMENTAL PROVISIONS

    1. Art. 42‐Amendments and repeals

    2. 43.Transitional provisions

  9. SCHEDULES

    1. Schedule 1 rep. by 1998 NI 6

    2. Schedule 2—Amendments

    3. Schedule 3—Repeals

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