Matrimonial Causes Act 1973

28 Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage [F1 or formation of civil partnership]. E+W

(1) [F2 Subject in the case of an order made on or after the grant of a decree of divorce or nullity of marriage to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits], that is to say—

(a) in the case of a periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the grant of a decree of divorce or nullity of marriage, the remarriage of [F3 , or formation of a civil partnership by,] the party in whose favour the order is made; and

(b) in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the grant of such a decree, the remarriage of [F3 , or formation of a civil partnership by,] the party in whose favour the order is made.

[F4 (1A) Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the grant of a decree of divorce or nullity of marriage, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the order]

(2) Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the grant of a decree of divorce or nullity of marriage, and the marriage in question is subsequently dissolved or annulled but the order continues in force, the order shall, notwithstanding anything in it, cease to have effect on the remarriage of [F5 , or formation of a civil partnership by,] that party, except in relation to any arrears due under it on the date of the remarriage [F6 or formation of the civil partnership].

(3) If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries [F7 whether at any time before or after the commencement of this Act][F8 or forms a civil partnership], that party shall not be entitled to apply, by reference to the grant of that decree, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.

Textual Amendments

F1 Words in s. 28 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(5); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F2 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(1), 48(2)

F3 Words in s. 28(1)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F4 S. 28(1A) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(2), 48(2)

F5 Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F6 Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F7 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 5(3), 48(2)

F8 Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

Modifications etc. (not altering text)

C1 S. 28(1) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2)

C2 S. 28(2) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(c), 48(2)