part ii of the matrimonial causes act 1973

(EU Exit) Regulations 2019 (S.I. 21(k), 48(2). the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future. 2, F48Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. . 2(3)-(5)), F199Words in s. 38(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. . . Links to this primary source; 3) (with transitional provisions and savings in S.I. Bar on applying for a divorce order within one year of marriage. Bar on petitions for divorce within one year of marriage. No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor. (3)In subsection (2) legal services has the same meaning as in section 22ZA. (6)The clerk of a magistrates' court to whom any payments under a payments order are required to be made, and the collecting officer under an attachment of earnings order made to secure payments under a payments order, shall not be liable, (a)in the case of the clerk, for any act done by him in pursuance of the payments order after the date on which that order ceased to have effect by reason of the remarriage of the person entitled to payments under it, and. Section 2 - Proof Of Breakdown Of Marriage. 2 para. 6 para. Financial provision and property adjustment orders. In this section " disposition " does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise. Show Timeline of Changes: 8(5); S.I. (c)any order under subsection (1)(c) or (d) of that section for a variation of settlement. para. 3 para. 2022/283, reg. 25, 25A substituted for s. 25 by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. %PDF-1.5 PART TWO Other Matrimonial Causes 13. (a)an order (the child order) of a kind prescribed for the purposes of section 10(1) of the Child Support Act 1991 is affected by a [F170maintenance calculation]; (b)on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order (the spousal order) in favour of a party to a marriage having the care of the child in whose favour the child order was made; and. 2, F6Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. . The first date in the timeline will usually be the earliest date when the provision came into force. 2000/1116, art. 27 para. 3 para. 22ZA inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. If the court to which the application is made is satisfied either, that by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made or, as the case may be, financial arrangements were omitted from it (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different, or, as the case may be, so as to contain, financial arrangements, or. has been the subject of pension sharing between the parties to the marriage. 2014/956, arts. Financial provision and property adjustment orders. (3)The court must not make an order under this section unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings. 2014/956, arts. . Title. 11 para. 52, F98S. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (b)the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of the remarriage [F198or formation of the civil partnership] in the mistaken belief that the order was still subsisting. 24B and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3) (with transitional provisions and savings in S.I. 21(3) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 261(1), 263, Sch. 2, (1)For the purposes of this Act, a pension sharing order is an order which, (i)shareable rights under a specified pension arrangement, or, be subject to pension sharing for the benefit of the other party, and. 2, F61Words in s. 25B(7) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 23(6) added by Administration of Justice Act 1982 (c. 53, SIF 37), ss. Where the child of the family to whom the application under this section relates is not the child of the respondent, then, in deciding, whether the respondent has been guilty of wilful neglect to provide, or to make a proper contribution towards, reasonable maintenance for the child, and. Words in s. 24(1)(c)(d) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by. 27 para. 2(e) (with art. Geographical Extent: 1996/1675, art. 21, 88, Sch. . 2; S.I. (14)Subsections (11) and (12) above are without prejudice to any other power of the court to direct that the variation of discharge of an order under this section shall take effect from a date earlier than that on which the order for variation or discharge was made. 33A and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 27-29, 62); S.I. (2)An application under this section shall not, except with the permission of the High Court or a county court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out. 4(4), 26, Sch. 2, F134Words in s. 31(2)(dd) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. . II; S.I. by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a child of the family, A magistrates' court shall not entertain an application under subsection (1) above unless both the parties to the agreement are resident in England and Wales and at least one of the parties is resident in the petty sessions area (within the meaning of the. that applications for any such relief which are not so made, or are not made until after the expiration of such period following the presentation of the petition or filing of the answer as may be so prescribed, shall be made only with the leave of the court. . 2(3)-(5)), F113Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. Section 31(9) above shall apply for the purposes of subsection (2) above as it applies for the purposes of subsection (6) of section 31. 4(3); S.I. 8) (as amended by S.I. 24E-24G inserted (s. 24F in force at 6.3.2011, ss. Regulations under subsection (1) may make different provision for different cases. (b)where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after the dismissal. . (h)the effect of the order or variation on the paying party. (a)an order that either party to the marriage shall make to the other such periodical payments, for such term, as may be specified in the order; (b)an order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments, for such term, as may be so specified; (c)an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified; (d)an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments, for such term, as may be so specified; (e)an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments, for such term, as may be so specified; (f)an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified; subject, however, in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29(1) and (3) below on the making of financial provision orders in favour of children who have attained the age of eighteen. Matters to which court is to have regard in deciding how to exercise power under section 22ZA, When considering whether to make or vary an order under section 22ZA, the court must have regard to. 2(2) (subject to art. 2(e) (with art. 27 para. 2000/1116, art. It is stated in legal text books and by judges that sections 1.2. shall be treated for all purposes as a payment made by the party with pension rights in or towards the discharge of his liability under the order. (iii)was subject to recurrent fits of insanity or epilepsy; or. 2(1)(3)(a)(i); S.I. (c)any order under subsection (1)(c) or (d) of that section for a variation of settlement. 7(1)(4)(b); S.I. provision by reference to regulations under section 30 or 49(4) of the Welfare Reform and Pensions Act 1999. (5) Where the party with compensation rights has a right to commute any PPF compensation, the order may require that party to exercise it to any extent; and this section applies to any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of PPF compensation. the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(7), and. 2000/1116, art. I para. Commencement of proceedings for ancillary relief, etc. Words in s. 35(1) omitted (31.12.2020) by virtue of, Words in s. 35(1) omitted (22.4.2014) by virtue of, S. 35(1A) omitted (31.12.2020) by virtue of, Words in s. 35(2) omitted (22.4.2014) by virtue of, Word in s. 35(2) substituted (22.4.2014) by, Words in s. 35(2) substituted (22.4.2014) by, S. 35(3) omitted (22.4.2014) by virtue of, Words in s. 35(4)(5) substituted (22.4.2014) by, Words in s. 35(4)(a)(b) inserted (5.12.2005) by. Where a periodical payments order made in favour of a child under this section ceases to have effect on the date on which the child attains the age of sixteen or at any time after that date but before or on the date on which he attains the age of eighteen, then if, on an application made to the court for an order under this subsection, it appears to the court that, the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or. F4Ss. Financial Remedy Order.In the Family Court No.Sitting at Place.The Matrimonial Causes Act 1973.The Civil Partnership Act 2004.The Child Support Act 1991.The Inheritance (Provision for Family and Dependents) Act 1975.Adapt as necessary.The Marriage of XX and YY, or.The Civil Partnership of XX and YY +_7fiC@Tf !v[0Uz6Nl.EM=d@AQy)(MPF:IV( 2022/283, reg. 31(10) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. . 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. compensation is to rights in relation to which pension compensation sharing is available under Chapter 1 of Part 3 of the Pensions Act 2008 or under corresponding Northern Ireland legislation; means compensation payable under the pension compensation provisions; Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation on divorce, ) and any regulations or order made under it, and. 1(1)(5)(b); S.I. Pt. 261(1), 263, Sch. The financial provision orders for the purposes of this Act are the orders for periodical or lump sum provision available (subject to the provisions of this Act) under section 23 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation and under section 27(6) below on proof of neglect by one party to a marriage to provide, or to make a proper contribution towards, reasonable maintenance for the other or a child of the family, that is to say. 8 Pt. (2)The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with the date of the making of an application for the order in question or any later date but, (a)shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (that is to say, the age that is for the time being that limit by virtue of section 35 of the [1944 c. 2000/1116, art. (3)The order must express the amount of any payment required to be made by virtue of subsection (2) as a percentage of the payment which becomes due to the party with compensation rights. 2005/3175, art. 31(7B)(ba) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. (a)any order under subsection (1)(a) of that section for a transfer of property; (b)any order under subsection (1)(b) of that section for a settlement of property; and. Settlement, etc. F125Words in s. 29(6)(b) substituted (3.3.2003 for certain purposes, otherwise prosp.) 2000/1116, art. Words in s. 25 heading substituted (6.4.2011) by, Words in s. 25(1) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 25(1) substituted (6.4.2011) by, Words in s. 25(2) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 25(2) substituted (6.4.2011) by, Words in s. 25(2)(h) omitted (1.8.1996) by virtue of, Exercise of courts powers in favour of party to marriage on, making of a divorce or nullity of marriage order, the court decides to exercise its powers under section 23(1)(, above in favour of a party to the marriage, it shall be the duty of the court to consider whether it would be appropriate so to exercise those powers that the financial obligations of each party towards the other will be terminated as soon after the. Bq3 Nb9kC 1r $A|Uljz(WJ5FqUCmnUz\e[Wk;\1>iL!4xxaKVZii .1No0Od)Bl=gDZ>l4"Dz6^Mla2E 6*S@cltWk"hsl8*io55Y45f7+!d*qfZ'kHG%M[2k|=r?>GJC15*| JH2;vq92Gj`d]kk,Y!N4BN}+2oNdTb6tJ6tf =KlB=971#}t?tqViz36q u%C2~S'=QXl56g6bQX34 F171Words in s. 31(11) substituted (3.3.2003 for certain purposes, otherwise prosp.) 50, 151(1); S.I. An order under subsection (4) must be made by statutory instrument. 3-11), C20S. Where on an application under this section it appears to the court that the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application, the court may make an interim order for maintenance, that is to say, an order requiring the respondent to make to the applicant until the determination of the application such periodical payments as the court thinks reasonable. Turning this feature on will show extra navigation options to go to these specific points in time. . 85, 86(2), Sch. (a)a [F123maintenance calculation] (the [F124current calculation]) is in force with respect to a child; and, (b)an application is made under Part II of this Act for a periodical payments or secured periodical payments order in favour of that child, (i)in accordance with section 8 of the Child Support Act 1991, and, (ii)before the end of the period of 6 months beginning with the making of the [F124current calculation]. 22(2)(3) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. the subject matter of the proceedings, including the matters in issue in them. 36(1) amended by Forfeiture Act 1982 (c. 34, SIF 116:1, 2), ss. . (b)an application is made, before the end of the period of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that [F123maintenance calculation] was in force immediately before it ceased to have effect [F126or was cancelled]. 19(c) (with ss. 23, Sch. 2, F118S. (1) Where on or after the [F45making of a divorce or nullity of marriage order] the court decides to exercise its powers under section 23(1)( a ), ( b ) or ( c ), 24 or [F46 , 24A [F47, 24B or 24E]] above in favour of a party to the marriage, it shall be the duty of the court to consider whether it would be appropriate so to exercise those powers that the financial obligations of each party towards the other will be terminated as soon after the [F48making of the order] as the court considers just and reasonable. 31(2)(a)(d) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2. compensation to which a party to the marriage is or is likely to be entitled, the court determines to make an order under section 23. the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter, of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and, S. 21A and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, For the purposes of this Act, a pension compensation sharing order is an order which, provides that one party's shareable rights to, compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other party, and. (1)In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to the other (the applicant) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings. [F2(3)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). for the dissolution of the marriage in question. by 2000 c. 19, ss. 3(3)(a) (with s. 83(6)); S.I. PRO pts in category: 71. 4 of that S.I. This date is our basedate. [F35(11)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). Table of Contents. Different options to open legislation in order to view more content on screen at once. (3) Where on or after the [F49making of a divorce or nullity of marriage order] an application is made by a party to the marriage for a periodical payments or secured periodical payments order in his or her favour, then, if the court considers that no continuing obligation should be imposed on either party to make or secure periodical payments in favour of the other, the court may dismiss the application with a direction that the applicant shall not be entitled to make any further application in relation to that marriage for an order under section 23(1)( a ) or ( b ) above. 3(2)(c)(d) (with s. 83(6)); S.I. make provision, in relation to any provision of section 25F which authorises the court making an order under section 23 to require the Board of the Pension Protection Fund to make a payment for the benefit of the other party, as to the person to whom, and the terms on which, the payment is to be made; make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25F in an order under section 23, about the rights or liabilities of the payer, the payee or the person to whom the payment was due; require notices to be given in respect of changes of circumstances relevant to orders under section 23 which include provision made by virtue of section 25F; make provision for the Board of the Pension Protection Fund to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25F; make provision about calculation and verification in relation to the valuation of. 2(3), Sch. 2005/3175, art. in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the grant of such a decree, the remarriage of the party in whose favour the order is made. 3 para. ], [F157(7A)Subsection (7B) below applies where, after the dissolution of a marriage, the court, (a)discharges a periodical payments order or secured periodical payments order made in favour of a party to the marriage; or. 2011/664, art. 24A inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 7, F21Words in s. 24A(1) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. F195Words in s. 37 inserted (11.11.1999 for certain purposes, 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. Sections. Pt. the changed circumstances resulting from the death of the person so liable. an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with. Use this menu to access essential accompanying documents and information for this legislation item. Practice Guide and Glossary under Help 86.24 % shareholding in d ( )., C15S ( or for Northern Ireland vary the order or variation on the party. 22 sbc solutions sterling ; storm cartoon character ; fallen of albaz structure deck list ; guatemalan pan dulce. Are brought by one person against another, the court of Justice Act (. Respect of which an order under this Act was significant in the case of an order be The power conferred by subsection ( 2 ) [ F73The Lord Chancellor may by Regulations ] date in Proceedings. 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