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Inheritance (Provision for Family and Dependants) Act 1975

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This is the original version (as it was originally enacted).

15Restriction imposed in divorce proceedings etc. on application under this Act

(1)On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter, the court may, if the court considers it just to do so and the parties to the marriage agree, order that either party to the marriage shall not be entitled on the death of the other party to apply for an order under section 2 of this Act.

(2)In the case of a decree of divorce or nullity of marriage an order may be made under subsection (1) above before or after the decree is made absolute, but if it is made before the decree is made absolute it shall not take effect unless the decree is made absolute.

(3)Where an order made under subsection (1) above on the grant of a decree of divorce or nullity of marriage has come into force with respect to a party to a marriage, then, on the death of the other party to that marriage, the court shall not entertain any application for an order under section 2 of this Act made by the first-mentioned party.

(4)Where an order made under subsection (1) above on the grant of a decree of judicial separation has come into force with respect to any party to a marriage, then, if the other party to that marriage dies while the decree is in force and the separation is continuing, the court shall not entertain any application for an order under section 2 of this Act made by the first-mentioned party.

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