SCHEDULE Amendment of primary and secondary legislation
PART 1Amendment of primary legislation
Amendment of the Matrimonial Causes Act 1973I16
1
The Matrimonial Causes Act 1973 M1 is amended as follows.
F12
In section 27 (financial provision orders in cases of neglect to maintain), for subsection (2) substitute—
2
The court may not entertain an application under this section unless—
a
the applicant or the respondent is domiciled in England and Wales on the date of the application;
b
the applicant has been habitually resident there throughout the period of one year ending with that date; or
c
the respondent is resident there on that date.
2A
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
2B
In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
3
In section 35 (alteration of agreements by court during lives of parties)—
a
in subsection (1), omit “, subject to subsections (1A) and (3) below,”;
b
omit subsection (1A).
4
In section 52 (interpretation), in subsection (1), omit the definition of “the Maintenance Regulation”.