SCHEDULES
SCHEDULE 12 Consequential amendments
Part I Amendments consequential on Parts III and IV
Matrimonial and Family Proceedings Act 1984 (c.42)
2
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
3
In section 17, for subsection (1) there is substituted—
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.
4
In section 21—
a
the word “made”, in both places, is omitted,
b
after paragraph (b) there is inserted—
ba
section 24B(3) to (5) (provisions about pension sharing orders in relation to divorce and nullity);
bb
section 24C (duty to stay pension sharing orders);
bc
section 24D (apportionment of pension sharing charges);
c
at the end there is inserted—
l
section 40A (appeals relating to pension sharing orders which have taken effect).