Matrimonial Causes (Northern Ireland) Order 1978

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II DIVORCE, NULLITY AND OTHER MATRIMONIAL SUITS

   1. Divorce

      1. 3. Divorce on breakdown of marriage

      2. 4. Supplemental provisions as to facts raising presumption of breakdown

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

      4. 6. Divorce not precluded by previous judicial separation

      5. 7. Refusal of decree in five year separation cases on grounds of grave hardship to respondent

      6. 8. Encouragement of reconciliation of parties to marriage

      7. 9. Consideration by the court of certain agreements or arrangements

      8. 10. Intervention by Crown Solicitor

      9. 11. Proceedings after decree nisi: general powers of court

      10. 12. Proceedings after decree nisi: special protection for respondent in separation cases

   2. Nullity

      1. 13. Grounds on which a marriage is void

      2. 14. Grounds on which a marriage is voidable

      3. 15. Jurisdiction of court, and form of order, etc., in nullity proceedings

      4. 16. Bars to relief where marriage is voidable

      5. 17. Marriages governed by foreign law or celebrated abroad under certain enactments or under common law

      6. 18. Effect of decree of nullity in case of voidable marriage

   3. Other matrimonial suits

      1. 19. Judicial separation

      2. 20. Effects of judicial separation

      3. 21. Presumption of death and dissolution of marriage

   4. General

      1. 22. Relief for respondent in proceedings for divorce, judicial separation or nullity

4. PART III FINANCIAL RELIEF FOR PARTIES TO MARRIAGE AND CHILDREN OF FAMILY

   1. Financial provision and property adjustment orders

      1. 23. Financial provision and property adjustment orders

      2. 23A. Pension sharing orders

      3. 23B. Pension compensation sharing orders

      4. 23C. Pension compensation: interpretation

   2. Ancillary relief in connection with divorce proceedings, etc.

      1. 24. Maintenance pending suit

      2. 25. Financial provision orders in connection with divorce proceedings, etc.

      3. 26. Property adjustment orders in connection with divorce proceedings, etc.

      4. 26A. Pension sharing orders in connection with divorce proceedings, etc.

      5. 26B. Pension sharing orders: duty to stay

      6. 26C. Pension sharing orders: apportionment of charges

      7. 26D. Pension compensation sharing orders in connection with divorce proceedings

      8. 26E. Pension compensation sharing orders: duty to stay

      9. 26F. Pension compensation sharing orders: apportionment of charges

      10. 27. Matters to which court is to have regard in deciding how to exercise its powers under Articles 25 and 26

      11. 27A. Exercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage

      12. 27B. Pensions

      13. 27C. Pensions: lump sums

      14. 27D. Pensions: supplementary

      15. 27E. The Pension Protection Fund

      16. 27F. Attachment of pension compensation

      17. 27G. Pension compensation: supplementary

      18. 28. Commencement of proceedings for ancillary relief, etc.

   3. Financial provision in case of neglect to maintain

      1. 29. Financial provision orders in case of neglect by party to marriage to maintain other party or child of the family

   4. Additional provisions with respect to financial provision and property adjustment orders

      1. 30. Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership

      2. 31. Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour

      3. 32. Direction for settlement of instrument for securing payments or effecting property adjustment

   5. Variation, discharge and enforcement of certain orders, etc.

      1. 33. Variation, discharge, etc., of certain orders for financial relief

      2. 34. Payment of certain arrears unenforceable without the leave of the court

      3. 35. Orders for repayment in certain cases of sums paid under certain orders

   6. Consent orders

      1. 35A. Consent orders for financial provision or property adjustment

   7. Maintenance agreements

      1. 36. Validity of maintenance agreements

      2. 37. Alteration of agreements by the court, or by a court of summary jurisdiction, during lives of parties

      3. 38. Alteration of agreements by the High Court, or by a county court, after death of one party

   8. Miscellaneous and supplemental

      1. 39. Avoidance of transactions intended to prevent or reduce financial relief

      2. 40. Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership

      3. 41. Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor

      4. 42. Payments, etc., under order made in favour of person suffering from mental disorder

      5. 42A. Appeals relating to pension sharing orders which have taken effect

      6. 42B. Appeals relating to pension compensation sharing orders which have taken effect

5. PART IV PROTECTION, CUSTODY, ETC., OF CHILDREN

   1. 43. Reference for conciliation and report on children

   2. 44. Restrictions on decrees for dissolution, annulment or separation affecting children

   3. Arts. 45‐47 rep. by 1995 NI 2

6. PART V MISCELLANEOUS AND SUPPLEMENTAL

   1. 48. The court

   2. 49. Jurisdiction of court

   3. 50. Matrimonial relief in respect of polygamous marriages

   4. 51. Collusion, etc.

   5. 52. Evidence

   6. 53. Parties to proceedings under this Order

   7. Art. 54 rep. by 1993 NI 6

   8. 55. Extension of section 17 of married Women's Property Act 1882

   9. Art. 56 rep. with saving by 1980 NI 5

   10. 57. Abolition of right to claim damages for adultery

   11. 58. Abolition of actions for enticement and harbouring of a spouse

   12. 59. Abolition of right to claim restitution of conjugal rights

   13. 60. Abolition of wife's agency of necessity

   14. Art. 61 rep. by 1984 NI 14

   15. 62. Transitional provisions and savings

   16. Art.63(a), with Schedules 3, 4, effects amendments; para.(b), with Schedules...

7. SCHEDULES

   1. SCHEDULE 1

      STAYING OF MATRIMONIAL PROCEEDINGS

      1. Interpretation

         1. 1. Paragraphs 2 to 6 have effect for the interpretation of this Schedule.

         2. 2. “Matrimonial proceedings” means any proceedings so far as they are one or more of the...

         3. 3. (1) “Another jurisdiction” means any country other than Northern Ireland. (2) “Related jurisdiction” means any...

         4. 4. (1) References to the trial or first trial in any proceedings do not include references...

         5. 5. Any reference in this Schedule to proceedings in another jurisdiction is to proceedings in a...

         6. 6. “Prescribed” means prescribed by rules of court.

      2. Duty to furnish particulars of concurrent proceedings in another jurisdiction

         1. 7. While matrimonial proceedings are pending in the court in respect of a marriage and the...

      3. Obligatory stays

         1. 8. (1) Where before the beginning of the trial or first trial in any proceedings for...

      4. Discretionary stays

         1. 9. (1) Where before the beginning of the trial or first trial in any matrimonial proceedings...

      5. Supplementary

         1. 10. (1) Where an order staying any proceedings is in force in pursuance of paragraph 8...

         2. 11. (1) The provisions of sub-paragraphs (2) and (3) shall apply (subject to sub-paragraph (4)) where...

   2. Schedule 2 rep. by 1993 NI 6

   3. SCHEDULE 3

      TRANSITIONAL PROVISIONS AND SAVINGS

      1. PART I MISCELLANEOUS AND GENERAL

         1. Interpretation

            1. 1. (1) In this Schedule— “the Act of 1939” means the Matrimonial Causes Act (Northern Ireland)...

         2. General transitional provisions and savings

            1. 2. Subject to paragraph 3, any application made or proceeding begun under any statutory provision repealed...

            2. 3. Nothing in Part II of this Order shall apply in relation to any petition for...

            3. 4. Notwithstanding any repeal or amendment made by this Order, the Act of 1939 and any...

            4. 5. Subject to the provisions of this Order (and, in particular, to Articles 16 and 51(2))...

         3. Specific transitional provisions and savings

            1. 6. In Article 6 any reference to a decree of judicial separation includes a reference to...

            2. 7. Article 16(1) replaces, in relation to any decree to which it applies, any rule of...

            3. 8. In the application of Article 25(1)( d e ) or ( f ) to any...

            4. 9. Where the party chargeable under a maintenance agreement within the meaning of Article 36 died...

            5. 10. No right or liability shall attach by virtue of Article 36(1) in respect of any...

            6. 11. In relation to such proceedings as are mentioned in Article 45(1) which were begun between...

            7. 12. Article 45(2) shall not apply in relation to an order made under section 4 of...

            8. 13. (1) No proceedings for divorce shall be entertained by the court by virtue of Article...

            9. 14. (1) Article 51(1) shall not apply in relation to any petition for divorce or judicial...

            10. 15. In Article 54(3) any reference to rules of court as defined by section 21(4) of...

            11. 16. In paragraph 2 of Schedule 2 in sub-paragraph ( d ) the reference to the...

            12. 17. The amendment made by Schedule 4 in section 1(1) of the Matrimonial Causes (Reports) Act...

      2. PART II PRESERVATION FOR LIMITED PURPOSES OF CERTAIN STATUTORY PROVISIONS

         1. Nullity

            1. 18. (1) Subject to sub-paragraphs (2) to (5), a marriage celebrated after 30th September 1939 and...

            2. 19. Where a decree of nullity was granted before the commencement of this Order in respect...

         2. Succession on intestacy in case of judicial separation

            1. 20. Article 20(2) shall not apply in a case where the death occurred before the commencement...

      3. PART III ASSIMILATION IN CERTAIN RESPECTS TO ORDERS UNDER THIS ORDER OF ORDERS MADE, ETC., UNDER THE ACT OF 1939, ETC.

         1. Cesser on remarriage of orders made, etc., under the Act of 1939 or 1951 and recovery of sums mistakenly paid thereafter

            1. 21. (1) An order made under section 19(1) or (2) of the Act of 1939 (including...

            2. 22. Article 40 shall apply in relation to an order made under section 17(2) or (3),...

         2. Variation, etc., of certain orders made, etc., under the Act of 1939, etc.

            1. 23. (1) Subject to the provisions of this paragraph, Article 33 shall apply, as it applies...

            2. 24. (1) Paragraphs (1) and (3) of Article 33 shall apply to an order made under...

            3. 25. Article 45(7) shall apply in relation to an order for the custody or education of...

         3. Orders made under the Acts of 1939 and 1951 to count as orders under this Order for certain purposes

            1. 26. The power of the court under Article 25(1) or (2)( a ) or 45(1)( a...

         4. Application of provisions of this Order with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Acts of 1939 and 1951

            1. 27. Article 34 shall apply in relation to the enforcement, by proceedings begun after the commencement...

            2. 28. Article 35 shall apply to an order made or deemed to have been made under...

         5. Avoidance under this Order of transactions intended to defeat claims for relief and relief granted under the Acts of 1939 and 1951

            1. 29. (1) Article 39 shall apply in relation to proceedings for relief under section 17(2) or...

         6. Care and supervision of children

            1. 30. Articles 46 and 47 shall apply where the court has jurisdiction by virtue of paragraph...

      4. PART IV SAVING FOR INTERPRETATION ACT

         1. 31. Except where specific provision to the contrary is made in this Order, nothing in this...

   4. Schedule 4—Amendments

   5. Schedule 5—Repeals