Maintenance Orders (Reciprocal Enforcement) Act 1972

42 Provisional order for maintenance of party to marriage made by F1 ... court to cease to have effect on remarriage of party. U.K.

(1) Where a F2 ... court has, by virtue of section 3 of this Act, made a provisional maintenance order consisting of, or including, a provision such as is mentioned in [F3 section 2(1)(a) of the M1 Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife)] [F4 or Article 4(1)(a) of the M2 Domestic Proceedings (Northern Ireland) Order 1980] and the order has been confirmed by a competent court in a reciprocating country, then, if after the making of that order the marriage of the parties to the proceedings in which the order was made is dissolved or annulled but the order continues in force, that order or, as the case may be, that provision thereof shall cease to have effect on the remarriage of the party in whose favour it was made, except in relation to any arrears due under it on the date of such remarriage and shall not be capable of being revived.

(2) For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable.

X1 (3) In section 30(2) of the M3 Matrimonial Proceedings and Property Act 1970 (which makes, in relation to such an order as is referred to in subsection (1) above which was confirmed in accordance with section 3 of the M4 Maintenance Orders (Facilities for Enforcement) Act 1920, provision to the like effect as that subsection) the words from “but with the modification” to the end are hereby repealed.

Editorial Information

X1 The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F1 Word in s. 42 heading omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 56; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Word in s. 42(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 56; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 37

F4 Words inserted by S.I. 1980/564, art. 4(6)

Marginal Citations

M1 1978 c. 22.

M2 S.I. 1980/563 (N.I. 15).

M3 1970 c. 45.

M4 1920 c. 33.