Domicile and Matrimonial Proceedings Act 1973

Supplementary E+W

10 (1) Where an order staying any proceedings is in force in pursuance of paragraph 8 or 9 above, the court may, if it thinks fit, on the application of a party to the proceedings, discharge the order if it appears to the court that the other proceedings by reference to which the order was made are stayed or concluded, or that a party to those other proceedings has delayed unreasonably in prosecuting them. E+W

(2) If the court discharges an order staying any proceedings and made in pursuance of paragraph 8 above, the court shall not again stay those proceedings in pursuance of that paragraph.

11 (1) The provisions of sub-paragraphs (2) and (3) below shall apply (subject to sub-paragraph (4)) where proceedings for divorce, judicial separation or nullity of marriage are stayed by reference to proceedings in a related jurisdiction for divorce, judicial separation or nullity of marriage; and in this paragraph— E+W

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “lump sum order” means such an order as is mentioned in paragraph (f) of section 23(1) of the M1 Matrimonial Causes Act 1973 (lump sum payment for children), being an order made under section 23(1) or (2)(a) [F2 or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(c) of that Schedule];

• “the other proceedings”, in relation to any stayed proceedings, means the proceedings in another jurisdiction by reference to which the stay was imposed;

• “relevant order” means—

  (a)

  an order under section 22 of the M2 Matrimonial Causes Act 1973 (maintenance for spouse pending suit),

  (b)

  such an order as is mentioned in paragraph (d) or (e) of section 23(1) of that Act (periodical payments for children) being an order made under section 23(1) or (2)(a) [F3 or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule],

  (c)

  an order under section 42(1)(a) of that Act (orders for the custody and education of children) [F4 or a section 8 order under Children Act 1989], and

  (d)

  except for the purposes of sub-paragraph (3) below, any order restraining a person from removing a child out of England and Wales or out of [F5 care] of another person; and

• “stayed” means stayed in pursuance of this Schedule.

(2) Where any proceedings are stayed, then, without prejudice to the effect of the stay apart from this paragraph—

(a) the court shall not have power to make a relevant order or a lump sum order in connection with the stayed proceedings except in pursuance of paragraph (c) below; and

(b) subject to paragraph (c) below, any relevant order made in connection with the stayed proceedings shall, unless the stay is previously removed or the order previously discharged, cease to have effect on the expiration of the period of three months beginning with the date on which the stay was imposed; but

(c) if the court considers that, for the purpose of dealing with circumstances needing to be dealt with urgently, it is necessary during or after that period to make a relevant order or a lump sum order in connection with the stayed proceedings or to extend or further extend the duration of a relevant order made in connection with the stayed proceedings, the court may do so and the order shall not cease to have effect by virtue of paragraph (b) above.

(3) Where any proceedings are stayed and at the time when the stay is imposed an order is in force, or at a subsequent time an order comes into force, which was made in connection with the other proceedings and provides for any of the F6 . . . following matters, namely, periodical payments for a spouse of the marriage in question, periodical payments for a child, [F7 or any provision which could be made by a section 8 order under the Children Act 1989] then, on the imposition of the stay in a case where the order is in force when the stay is imposed and on the coming into force of the order in any other case—

(a) any relevant order made in connection with the stayed proceedings shall cease to have effect in so far as it makes for a spouse or child any provision for any of those matters as respects which the same or different provision for that spouse or child is made by the other order;

(b) the court shall not have power in connection with the stayed proceedings to make a relevant order containing for a spouse or child provision for any of those matters as respects which any provision for that spouse or child is made by the other order; and

(c) if the other order contains provision for periodical payments for a child, the court shall not have power in connection with the stayed proceedings to make a lump sum order for that child.

[F8 (3A) Where any such order as is mentioned in paragraph ( e ) of section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) or (2)( a ) of that Act, ceases to have effect by virtue of sub-paragraph (2) or (3) above, any order made under section 24A(1) of that Act which requires the proceeds of sale of property to be used for securing periodical payments under the first mentioned order shall also cease to have effect. ]

(4) If any proceedings are stayed so far as they consist of matrimonial proceedings of a particular kind but are not stayed so far as they consist of matrimonial proceedings of a different kind, subparagraphs (2) and (3) above shall not apply to the proceedings but, without prejudice to the effect of the stay apart from this paragraph, the court shall not have power to make a relevant order or a lump sum order in connection with the proceedings so far as they are stayed; and in this sub-paragraph references to matrimonial proceedings do not include proceedings for a declaration.

[F9 (4A) Sub-paragraph (4B) applies where—

(a) proceedings are stayed as described in sub-paragraph (1) or (4), and

(b) at the time when the stay is imposed, a [F10 child arrangements] order (within the meaning of the Children Act 1989) made in connection with the stayed proceedings is in force.

(4B) While the stay applies to the proceedings, the court may not—

(a) make an enforcement order (within the meaning of the Children Act 1989) in relation to the [F11 child arrangements] order, or

(b) as regards an enforcement order already made in relation to the [F11 child arrangements] order, exercise its powers under paragraph 9(2) of Schedule A1 to the Children Act 1989 in relation to the enforcement order.]

(5) [F12 Except as provided in sub-paragraph (4B),] nothing in this paragraph affects any power of the court.

(a) to vary or discharge a relevant order so far as the order is for the time being in force; or

(b) to enforce a relevant order as respects any period when it is or was in force; or

(c) to make a relevant order or a lump sum order in connection with proceedings which were but are no longer stayed.

Textual Amendments

F1 Definitions in Sch. 1 para. 11(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F2 Words in Sch. 1 para. 11(1) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 33(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F3 Words in Sch. 1 para. 11(1)(b) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 33(1)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F4 Words in Sch. 1 para. 11(1)(c) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 33(1)(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F5 Word in Sch. 1 para. 11(1)(d) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 33(1)(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F6 Word in Sch. 1 para. 11(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(7), Sch. 13 para. 33(2)(a), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F7 Words in Sch. 1 para. 11(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 33(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F8 Sch. 1 para. 11(3A) inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 8(3)

F9 Sch. 1 para. 11(4A)(4B) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 17(2), Sch. 2 para. 1(2); S.I. 2008/2870, art. 2(2)(e)

F10 Words in Sch. 1 para. 11(4A)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 45(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F11 Words in Sch. 1 para. 11(4B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 45(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F12 Words in Sch. 1 para. 11(5) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 17(2), Sch. 2 para. 1(3); S.I. 2008/2870, art. 2(2)(e)

Marginal Citations

M1 1973 c. 18.

M2 1971 c. 53.