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);”, and

(c)

at the end there is inserted—

“(l)

section 40A (appeals relating to pension sharing orders which have taken effect).”