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Matrimonial Causes Act 1973
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26 Commencement of proceedings for ancillary relief, etc.E+W
(1)Where [F1an application for a divorce, nullity of marriage or judicial separation order has been made,] then, subject to subsection (2) below, proceedings for maintenance pending suit under section 22 above, for a financial provision order under section 23 above, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the [F2presentation of the application].
(2)Rules of court may provide, in such cases as may be prescribed by the rules—
(a)that applications for any such relief as is mentioned in subsection (1) above shall be made in the [F3application or response]; and
(b)that applications for any such relief which are not so made, or are not made until after the expiration of such period following the [F4presentation of the application or filing of the response] as may be so prescribed, shall be made only with the leave of the court.
Textual Amendments
F1Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(i) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
F2Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(ii) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
F3Words in s. 26(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
F4Words in s. 26(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(c) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2
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