http://www.legislation.gov.uk/id/ukpga/1984/42

http://www.legislation.gov.uk/ukpga/1984/42/section/15/2011-06-18

Matrimonial and Family Proceedings Act 1984

An Act to amend the Matrimonial Causes Act 1973 so far as it restricts the time within which proceedings for divorce or nullity of marriage can be instituted; to amend that Act, the Domestic Proceedings and Magistrates’ Courts Act 1978 and the Magistrates’ Courts Act 1980 so far as they relate to the exercise of the jurisdiction of courts in England and Wales to make provision for financial relief or to exercise related powers in matrimonial and certain other family proceedings; to make provision for financial relief to be available where a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, in a country overseas; to make related amendments in the Maintenance Orders (Reciprocal Enforcement) Act 1972 and the Inheritance (Provision for Family and Dependents) Act 1975; to make provision for the distribution and transfer between the High Court and county courts of, and the exercise in those courts of jurisdiction in, family business and family proceedings and to repeal and re-enact with amendments certain provisions conferring on designated county courts jurisdiction in matrimonial proceedings; to impose a duty to notify changes of address on persons liable to make payments under maintenance orders enforceable under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958; and for connected purposes.

1984-07-12

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Statute Law Database

2024-05-20

Expert Participation

2011-06-18

Matrimonial and Family Proceedings Act 1984

s. 15

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 13(2)(a)

reg. 8

reg. 1(1)

Matrimonial and Family Proceedings Act 1984

s. 15(1)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(i)

reg. 1

Matrimonial and Family Proceedings Act 1984

s. 15(1A)

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 13(2)(b)

reg. 8

reg. 1(1)

Matrimonial and Family Proceedings Act 1984

s. 15(1A)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(i)

reg. 1

Matrimonial and Family Proceedings Act 1984

s. 15(3)

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 13(2)(c)

reg. 8

reg. 1(1)

Matrimonial and Family Proceedings Act 1984

s. 15(3)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(i)

reg. 1

Matrimonial and Family Proceedings Act 1984

s. 28(1A)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(ii)

reg. 1

Matrimonial and Family Proceedings Act 1984

s. 40(4A)

Children, Schools and Families Act 2010

Sch. 3

para. 9

s. 21(8)

s. 29(4)(b)

Part III Financial Relief in England and Wales After Overseas Divorce etc.

Applications for financial relief

15 Jurisdiction of the court.

1

Subject to F2subsections (1A) and (2) below, the court shall have jurisdiction to entertain an application for an order for financial relief if any of the following jurisdictional requirements are satisfied, that is to say—

a

either of the parties to the marriage was domiciled in England and Wales on the date of the application for leave under section 13 above or was so domiciled on the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or

b

either of the parties to the marriage was habitually resident in England and Wales throughout the period of one year ending with the date of the application for leave or was so resident throughout the period of one year ending with the date on which the divorce, annulment or legal separation obtained in the overseas country took effect in that country; or

c

either or both of the parties to the marriage had at the date of the application for leave a beneficial interest in possession in a dwelling-house situated in England or Wales which was at some time during the marriage a matrimonial home of the parties to the marriage.

F31A

If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.

2

Where the jurisdiction of the court to entertain proceedings under this Part of this Act would fall to be determined by reference to the jurisdictional requirements imposed by virtue of Part I of the M1Civil Jurisdiction and Judgments Act 1982 (implementation of certain European conventions) F1 F4... or then—

a

satisfaction of the requirements of subsection (1) above shall not obviate the need to satisfy the requirements imposed by virtue of F5... Part I of that Act; and

b

satisfaction of the requirements imposed by virtue of F5... Part I of that Act shall obviate the need to satisfy the requirements of subsection (1) above;

and the court shall entertain or not entertain the proceedings accordingly.

F63

In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.