Matrimonial and Family Proceedings Act 1984

17 Orders for financial provision and property adjustment. E+W

[F1 (1) Subject to section 20 below, on an application by a party to a marriage for an order for financial relief under this section, the court may—

(a) make any one or more of the orders which it could make under Part II of the 1973 Act if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in England and Wales, that is to say—

(i) any order mentioned in section 23(1) of the 1973 Act (financial provision orders); and

(ii) any order mentioned in section 24(1) of that Act (property adjustment orders); and

(b) if the marriage has been dissolved or annulled, make one or more orders each of which would, within the meaning of that Part of that Act, be a pension sharing order in relation to the marriage.

[F2 (c) if the marriage has been dissolved or annulled, make an order which would, within the meaning of that Part of that Act, be a pension compensation sharing order in relation to the marriage.]]

(2) Subject to section 20 below, where the court makes a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order under subsection (1) above, then, on making that order or at any time thereafter, the court may make any order mentioned in section 24A(1) of the 1973 Act (orders for sale of property) which the court would have power to make if the order under subsection (1) above had been made under Part II of the 1973 Act.

Textual Amendments

F1 S. 17(1) substituted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 3; S.I. 2000/1116, art. 2(b)

F2 S. 17(1)(c) added (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 11; S.I. 2011/664, art. 2(3), Sch. Pt. 2