Matrimonial Causes (Northern Ireland) Order 1978

Extension of section 17 of married Women's Property Act 1882 N.I.

55.  In section 17 of the Married Women's Property Act 1882 [1882 c.75] (power of judge of High Court or county court to decide questions between husband and wife as to property) and in section 3 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 [1964 c.23] (which extends that section), any reference to a husband or a wife shall include a reference to—

(a) either of the parties to a void marriage, whether or not it has been annulled;

(b) either of the parties to a voidable marriage which has been annulled; and

(c) either of the parties to a marriage which has been dissolved;

[F1 butF2 ... an application] under that section 17 (or that section as so extended) by a party to a marriage which has been dissolved or annulled shall not be made more than three years after the date of the dissolution or annulment and such an application by a party to a void marriage which has not been annulled shall not be made more than three years after the parties ceased to live with each other in the same household.

F1 Words in art. 55 substituted (18.4.2011) by The Cross-Border Mediation Regulations (Northern Ireland) 2011 (S.R. 2011/157), regs. 1(1), 7(2) (with reg. 1(2))

F2 Words in art. 55 omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 6(2) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)