matrimonial causes act 1973 summary

1, 8(3)(a) (with s. 8(4)); S.I. . 2, F192S. [F70(3)No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner. 4 para. 1(1)); S.I. . .E+W, (2)In Schedule 8 to that Act (as it applies to define maintenance orders both for the purposes of Part II of that Act and for the purposes of the M24Maintenance Orders Act 1958) the following paragraph shall be inserted after paragraph 2:. 261(1), 263, Sch. (1)No pension 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. Nevertheless, the Lord Chancellor has stated that divorce law should be reformed in some way.. F263S. 2, C1S. . (2)A marriage which results from the purported conversion of a void civil partnership is void. Pt. . The MCA 1973 was introduced to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality.[1]. 2011/664, art. 63(1), 89(2), F175S. 3(2), F305S. (11)In subsections (5) and (6) specified means specified in the order concerned. 2000/1116, art. 2, F173Words in s. 26(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. . 24. 3(1)(3)(b); S.I. 2022/283, reg. 2E+WWithout prejudice to paragraph 1 above, but subject to paragraph 3 below, any application made or proceeding begun, or deemed to have been made or begun, under any enactment repealed by this Act, being an application or proceeding which is pending at the commencement of this Act, shall be deemed to have been made or begun under the corresponding provision of this Act. 64(3); S.I. F156 [( 4 )The powers conferred by this section may not be exercised in relation to a pension arrangement which, (b)has been the subject of pension sharing between the parties to the marriage. . . (1)Subject to section 3, either or both parties to a marriage may apply to the court for an order (a divorce order) which dissolves the marriage on the ground that the marriage has broken down irretrievably. For the purposes of paragraph (d) of this subsection a marriage [F47is not polygamous if] at its inception neither party has any spouse additional to the other. 1993/623, art. . 2022/283, reg. . 1 para. Application of provisions of this Act with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Act of 1965. ], F94S. (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; F243 [( ba )one or more pension sharing orders;], [F244(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. 11, F110S. 11 para. (b)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 [F190making of a divorce or nullity of marriage order,] the remarriage of [F188, or formation of a civil partnership by,] the party in whose favour the [F191secured periodical payments] order is made. The power of the court under subsection (1) or (2)(a) above to make an order in favour of a child of the family shall be exercisable from time to time; and where the court makes an order in favour of a child under subsection (2)(b) above, it may from time to time, subject to the restrictions mentioned in subsection (1) above, make a further order in his favour of any of the kinds mentioned in subsection (1), Without prejudice to the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel, where an order is made under subsection (1)(a), (b) or (c) above on or after. . an order for the payment of a lump sum in favour of a party to the marriage; one or more property adjustment orders in favour of a party to the marriage; 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, a periodical payments or secured periodical payments order, or. 2, F127Words in s. 25(2)(h) omitted (1.8.1996) by virtue of 1995 c. 26, s. 166(2); S.I. . The power to make regulations under subsection (4C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 1991/1211, art. . The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.]. 46(3), 48(2), Sch. . 1(1), F329S. . . 2, F12Words in s. 6(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. (4)Any periodical payments order in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death. 62(5); S.I. para. . 2014/954, art. 3, 48(2), F130Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 6 para. 31(11)-(14) inserted (5.4.1993) by S.I. . require the application to the marriage of the grounds or bar there mentioned except so far as applicable in accordance with those rules. 10(c) (with s. 8(4)); S.I. para. (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. There is usually a time limit of three years from the date of the marriage in order to institute the proceedings. Without prejudice to paragraph 1 above, but subject to paragraph 3 below, any application made or proceeding begun, or deemed to have been made or begun, under any enactment repealed by this Act, being an application or proceeding which is pending at the commencement of this Act, shall be deemed to have been made or begun under the corresponding provision of this Act. by 1999 c. 30, ss. . . 2, F97Words in s. 23(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 4 para. . 3(1)(3)(d); S.I. . . . . Words in s. 14(1) inserted (5.12.2005) by, Application of sections 8 and 9 to proceedings for a nullity of marriage order. 3) (with transitional provisions and savings in S.I. (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 [F260the family court], and accordingly references in this section to the court are references to the High Court or [F260the family court], as the circumstances require. 2(d) (with art. . . 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. (c)in any other case, require the [F153person responsible for the pension arrangement] in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid. 19 omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. Parties to proceedings under this Act. 32, Sch.15 (with Sch. 2, (1)The matters to which the court is to have regard under section 25(2) above include, (a)in the case of paragraph (a), any benefits under a pension [F137arrangement] which a party to the marriage has or is likely to have, and. para. para. 2, F6Words in s. 3(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution, for order has been made final, of decree has been made absolute, and. 1 para. 27(4)(a); S.I. . . 261(1), 263, Sch. (8)Regulations may make such consequential modifications of any provision of, or made by virtue of, this Part as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this section. 2, F187Words in s. 28(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 3) (with transitional provisions and savings in S.I. 4 Pt. In relation to an order made before 16th December 1949 on or after granting a decree of divorce or nullity of marriage and deemed, by virtue of paragraph 1 of Schedule 1 to the Act of 1965, to have been made under section 16(1)(a) of that Act (secured provision), the powers conferred by this paragraph shall not be exercised unless the court is satisfied that the case is one of exceptional hardship which cannot be met by discharge, variation or suspension of any other order made by reference to that decree, being an order made, or deemed by virtue of that paragraph to have been made, under section 16(1)(b) of that Act (unsecured periodical payments).

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