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Matrimonial and Family Proceedings Act 1984, Section 17 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)Subject to section 20 below, on an application by a party to a marriage for an order for financial relief under this section, the court may—
(a)make any one or more of the orders which it could make under Part II of the 1973 Act if a [F2divorce order, nullity of marriage order or judicial separation order in respect of the marriage had been made] in England and Wales, that is to say—
(i)any order mentioned in section 23(1) of the 1973 Act (financial provision orders); and
(ii)any order mentioned in section 24(1) of that Act (property adjustment orders); and
(b)if the marriage has been dissolved or annulled, make one or more orders each of which would, within the meaning of that Part of that Act, be a pension sharing order in relation to the marriage.
[F3(c)if the marriage has been dissolved or annulled, make an order which would, within the meaning of that Part of that Act, be a pension compensation sharing order in relation to the marriage.]]
(2)Subject to section 20 below, where the court makes a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order under subsection (1) above, then, on making that order or at any time thereafter, the court may make any order mentioned in section 24A(1) of the 1973 Act (orders for sale of property) which the court would have power to make if the order under subsection (1) above had been made under Part II of the 1973 Act.
Textual Amendments
F1S. 17(1) substituted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 3; S.I. 2000/1116, art. 2(b)
F2Words in s. 17(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 48(2); S.I. 2022/283, reg. 2
F3S. 17(1)(c) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 11; S.I. 2011/664, art. 2(3), Sch. Pt. 2
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