(b)shall not in any event, subject to subsection (3) below, extend beyond the date of the childs eighteenth birthday. 46(1), 48(3), Sch. 21A modified (8.8.2006) by The Divorce etc. 2, F13Words in s. 23(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (1)Where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, subject to subsection (3) below, either party may apply to the court or to a magistrates' court for an order under this section. In relation to an application under this section on the ground mentioned in subsection (1)(a) above. (2)The court may make an order under subsection (1)(c) above notwithstanding that there are no children of the family. 6 para. 3(3)(a) (with s. 83(6)); S.I. 2000/1116, art. . The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (iii)was subject to recurrent fits of insanity or epilepsy; or. Show Timeline of Changes: 2, F160Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. and ending with the date of the determination of the suit, as the court thinks reasonable. . there are special circumstances which justify the making of an order under this subsection. 3 para. 4 0 obj S. 27(2)-(2B) substituted for s. 27(2) (31.12.2020) by, S. 27(3)(3A)(3B) substituted for s. 27(3)(4) by, Additional provisions with respect to financial provision and property adjustment orders, Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage, Subject in the case of an order made on or after the, to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits, in the case of a 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 of either of the parties to the marriage or, where the order is made on or after the. (a)any order for maintenance pending suit and any interim order for maintenance; (c)any secured periodical payments order; (d)any order made by virtue of section 23(3)(c) or 27(7)(b) above (provision for payment of a lump sum by instalments; [F130(dd)any deferred order made by virtue of section 23(1)(c) (lump sums) which includes provision made by virtue of, (provision in respect of pension rights)] [F134or pension compensation rights], (e)any order for a settlement of property under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above, being an order made on or after the [F135making of a judicial separation order;], [F136( f )any order made under section 24A(1) above for the sale of property], [F137(g)a pension sharing order under section 24B above [F138, or a pension compensation sharing order under section 24E above,] which is made at a time before the [F139divorce or nullity of marriage order has been made final]. 2000/1116, art. Section 5 - Desertion Of Respondent. 11 para. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time. (a)any order for periodical payments in favour of a party to a marriage under section 23(1)(a) or 27(6)(a) or in favour of a child of the family under section 23(1)(d), (2) or (4) or 27(6)(d); (b)any order for secured periodical payments in favour of a party to a marriage under section 23(1)(b) or 27(6)(b) or in favour of a child of the family under section 23(1)(e), (2) or (4) or 27(6)(e); and. 63(1), 89(2), F90S. para. (4B)No variation of a pension sharing order [F145or a pension compensation sharing order,] shall be made so as to take effect before the [F146divorce or nullity of marriage order is made final]. any order under subsection (1)(a) of that section for a transfer of property; any order under subsection (1)(b) of that section for a settlement of property ; and. Property adjustment orders in connection with divorce proceedings, etc. there are special circumstances which justify the making of an order without complying with either or both of those provisions. 11 para. F4Ss. 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 25C, and. >RJ_Jrp *Qy7d`/BjD!qVlNYwnzkt9y:cbC#EAQ . 24B and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. para. (10) For the purposes of subsection (3)(d), rights to PPF compensation are or have been the subject of pension compensation sharing between the parties to the marriage if they are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties. . compensation becomes due to the party with compensation rights, to make a payment for the benefit of the other party. 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. any order for maintenance pending suit and any interim order for maintenance; any order made by virtue of section 23(3)(c) or 27(7)(b) above (provision for payment of a lump sum by instalments); any order for a settlement of property under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above, being an order made on or after the grant of a decree of judicial separation. . . liability to the party with pension rights as corresponds to the amount of the payment, and. 25F, 25G inserted (s. 25G in force at 6.3.2011, s. 25F in force at 6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 2(3)-(5)), F104Words in s. 28(1)(a) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (a)provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person; (b)provision by reference to regulations under section 112 of the Pensions Act 2008. (b)shall be treated for all purposes as a payment made by the party with compensation rights in or towards the discharge of that party's liability under the order. Regulations under subsection (1) may make different provision for different cases. 2022/283, reg. 2022/283, reg. 63(2), 89(2), F92S. Sections. :"esEh $R6dU"/iSnn (H7U'u-snq sCmA,qNJvj-X[{bU'# 2(3)-(5)), F100Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. Where the court has made an order to which this section applies, then, subject to the provisions of this section, This section applies to the following orders, that is to say. 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. A person shall not be entitled to enforce through the High Court or any county court the payment of any arrears due under an order for maintenance pending suit, an interim order for maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun. leave to enforce, or the enforcement of, the payment of arrears under that order; An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. 45(3)(a); S.I. 25A(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (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. ], (3) A pension compensation sharing order under this section may not be made in relation to rights to PPF compensation that. . . ], F215S. 63(4); S.I. 27 para. . (2B)Regulations under subsection (2) above may make different provision for different cases. . . 2005/3175, art. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). (1)The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension [F65arrangement]] include any lump sum payable in respect of his death, power to make any of the following provision by the order. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 2; S.I. . 2014/954, art. . 2000/1116, art. . . 2003/192; art. [F167(9)The following are to be left out of account when considering for the purposes of subsection (6) above when representation was first taken out. S. 24C and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by. [F8(2)An order under this section may not require a party to a marriage to pay to the other party any amount in respect of legal services for the purposes of the proceedings. (b)for the dissolution of the marriage in question. 2, F48Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (1)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. 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. 27 para. The fact that a settlement or transfer of property had to be made in order to comply with a property adjustment order shall not prevent that settlement or transfer from being a settlement of property to which section 42(1) of the Bankruptcy Act 1914 (avoidance of certain settlements) applies. Variation, discharge, etc., of certain orders for financial relief. 19(a) (with s. 8(4)(5)(6)); S.I. (a)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, (b)the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and, (c) party means a party to a marriage. For the purposes of subsection (3)(d), rights to. (a)a [F123 maintenance calculation] ceases to have effect [F126or is cancelled] by or under any provision of the Child Support Act 1991; and. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. and, accordingly, in relation to PPF compensation, section 25(2)(a) shall have effect as if in the foreseeable future were omitted. (h)the effect of the order or variation on the paying party. }N_A/Od_SzpO||c A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. 2005/3175, art. 38(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. 6(4), 48(2), F169S. (a)an order for the payment of a lump sum in favour of a party to the marriage; (b)one or more property adjustment orders in favour of a party to the marriage; F158 [( ba )one or more pension sharing orders;], [F159(bb)a pension compensation sharing order;], (c)a direction that the party in whose favour the original order discharged or varied was made is not entitled to make any further application for, (i)a periodical payments or secured periodical payments order, or. which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring, and, accordingly, in relation to benefits under a pension. . [F29(6)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). Geographical Extent: . 27(6B) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 3(b), F142Words in s. 31(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (b)where the order is to be made in proceedings for divorce, nullity of marriage or judicial separation it may, if it thinks fit, defer the [F128making of the divorce, nullity of marriage or judicial separation order] until the instrument has been duly executed. 18(a); S.I. For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to, cause undue hardship to the paying party, or. . 21(j), 48(2). 261(1), 263, Sch. Alteration of agreements by court after death of one party. (b)the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings. Pt. 2, F2S. 2020/1574), Family Law Reform Act 1987 (c. 42, SIF 49:7), Inheritance and Trustees' Powers Act 2014 (c. 16), Forfeiture Act 1982 (c. 34, SIF 116:1, 2), Inheritance (Provisions for Family and Dependants) Act 1975 (c. 63), The Jurisdiction and Judgments (Family) (Amendment etc.) 1(1)(7)(b); S.I. 2000/1116, art. 4. . Matrimonial Causes Act 1973 Description English: An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission. 2022/283, reg. ], F16Words in s. 24(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. require the payment of the instalments to be secured to the satisfaction of the court. . 27(2)(c)(i); S.I. (1)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. Where an application under this section is made on the ground mentioned in subsection (1)(a) above, then, in deciding, whether the respondent has failed to provide reasonable maintenance for the applicant, and. (a)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. The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (6) above on the ground that they ought to have taken into account the possibility that the court might permit an application under this section to be made after that period by the person entitled to payments under the order; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section. . 18(8)(b), 139(4), F163Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. becomes due to the party with pension rights, to make a payment for the benefit of the other party. Any such payment by the Board of the Pension Protection Fund, shall discharge so much of its liability to the party with compensation rights as corresponds to the amount of the payment, and. the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor. 2(3), Sch. the subject matter of the proceedings, including the matters in issue in them. . 2, C11S. 27(6A)(6B) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. . 8; S.I. 31(2)(dd) inserted (1.8.1996) by 1995 c. 26, s. 166(3)(a); S.I. This date is our basedate. 3 para. 2000/1116, art. (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]. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. para. para. 8(3); S.I. See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). 21A and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 2(e) (with art. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 36(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 27 para. reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under . 2022/283, reg. For more information see the EUR-Lex public statement on re-use. 5(3), 48(2), F116Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. Return to the latest available version by using the controls above in the What Version box. For further information see the Editorial Practice Guide and Glossary under Help. 9 Pt. . makes an order under this section for the payment of a lump sum; and, that payment of that sum or any part of it shall be deferred; or. (2)The property adjustment orders for the purposes of this Act are the orders dealing with property rights available (subject to the provisions of this Act) under section 24 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family on or after the [F1making of a divorce, nullity of marriage or judicial separation order,] that is to say. 4 para. 25F, 25G inserted (s. 25G in force at 6.3.2011, s. 25F in force at 6.4.2011) by. (7)In this section legal services has the same meaning as in section 22ZA. 30 extended except para. 2022/283, reg. . 2014/956, arts. 4 para. 2022/283, reg. 2, (1)If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then. 7, 48(2). (b)any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 35 and 36 below), be binding on the parties to the agreement. . (2)On an application under this section the court may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) above or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application. 4; S.I. (4)For the purposes of subsection (3), the court must be satisfied, in particular, that, (a)the applicant is not reasonably able to secure a loan to pay for the services, and. Links to this primary source; . (3)An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives. 29(6); S.I. 24E-24G inserted (s. 24F in force at 6.3.2011, ss. 2(3)-(5)). (b)leave to enforce, or the enforcement of, the payment of arrears under that order; but when not made in such proceedings shall be made to a county court, and accordingly references in this section to the court are references to the High Court or a county court, as the circumstances require. 2022/283, reg. (d)whether the paying party is legally represented in the proceedings. making a divorce or nullity of marriage order, neither the order under this section nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final. 3 0 obj 2000/1116, art. 2005/3175, art. . in section 50 (1) of the matrimonial causes act 1973 (matrimonial causes rules), for the words from "one registrar of the divorce registry" to "local law society" there shall be substituted "one district judge of the principal registry of the family division, two circuit judges, one district judge appointed under the county courts act 1984, two (1)Where a petition for divorce, nullity of marriage or judicial separation has been presented, then, subject to subsection (2) below, proceedings for maintenance pending suit under section 22 above, for a financial provision order under section 23 above, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the presentation of the petition. 2022/283, reg. 2022/283, reg. Regulations may modify section 25C as it applies in relation to an occupational pension scheme at any time when there is an assessment period in relation to the scheme. (7)In this section " collecting officer", in relation to an attachment of earnings order, means the officer of the High Court, the registrar of a county court or the clerk of a magistrates' court to whom a person makes payments in compliance with the order. 11(1)Subject to sub-paragraphs (2) and (3) below, a marriage celebrated before 1st August 1971 shall (without prejudice to any other grounds on which a marriage celebrated before that date is by law void or voidable) be voidable on the groundE+W, (a)that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; or, (b)that at the time of the marriage either party to the marriage, (ii)was suffering from mental disorder within the meaning of the M1Mental Health Act 1959 of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or, (iii)was subject to recurrent attacks of insanity or epilepsy; or, (c)that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or, (d)that the respondent was at the time of the marriage pregnant by some person other than the petitioner[F1 or, (e)that an interim gender recognition certificate under the Gender Recognition Act 2004 has been issued to either party to the marriage;], (2)In relation to a marriage celebrated before 1st November 1960, for heads (ii) and (iii) of sub-paragraph (1)(b) above shall be substituted the following heads, (ii)was a mental defective within the meaning of the Mental Deficiency Acts 1913 to 1938, or. 27-29, 62); S.I. Pt. (a) the reference to shareable rights to PPF 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; (b) party means a party to a marriage; (c) specified means specified in the order. 3 para. 2(1)(d), F212Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. para. To the extent to which the order is made having regard to such compensation, the order may require the Board of the Pension Protection Fund, if at any time any payment in respect of. 2, F42Words in s. 25(2)(h) omitted (1.8.1996) by virtue of 1995 c. 26, s. 166(2); S.I. [F2(3)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). (3)Where the court makes an order under subsection (2)(b) or (c) above setting aside a disposition it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property). Geographical Extent: For further information see the Editorial Practice Guide and Glossary under Help. Where the court has made an order to which this section applies, then, subject to the provisions of this section, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended. , the court determines to make an order under section 23 above. para. 2, F87Words in s. 26(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 4(3); S.I. (10)In this section legal services, in relation to proceedings, means the following types of services. pY`[`qP&\a/o|pB\|3p For the purposes of subsection (3)(c), rights to. a periodical payments or secured periodical payments order in favour of more than one child (the order) is in force; the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them; ) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and, an application is made, before the end of the period of 6 months beginning with the date on which, was made, for the variation or discharge of the order, the court may, in exercise of its powers under this section to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which, 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, 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, an application is made, before the end of the period of 6 months beginning with the date on which the. 2000/1116, art. para. 24C and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 3-11), F188Words in s. 35(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 2014/954, art. . 18(7)(b)(i), 139(4) (with s. 18(6)), F161Word in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. Supplemental provisions as to facts raising presumption of breakdown. 11 para. 3-11), F201S. 3. which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. 27(2)(b); S.I. 2(e) (with art. Use this menu to access essential accompanying documents and information for this legislation item. 27 para. Where a maintenance agreement within the meaning of section 34 above provides for the continuation of payments under the agreement after the death of one of the parties and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may, subject to subsections (2) and (3) below, apply to the, An application under this section shall not, except with the permission of the, The provisions of this section shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in subsection (2) above on the ground that they ought to have taken into account the possibility that.
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