Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor, Payments, etc., under order made in favour of person suffering from mental disorder, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 3 para. (a)in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the [F74person responsible for a pension arrangement] to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made, F75 [( ab )make, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25B or 25C above in an order under section 23 above, provision about the rights or liabilities of the payer, the payee or the person to whom the payment was due,]. Ancillary relief in connection with divorce proceedings. S. 40A inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Divorce, Dissolution and Separation Act 2020 (c. 11), The Divorce etc. the court may order that the amount deferred or the instalments shall carry interest at such rate as may be specified by the order from such date, not earlier than the date of the order, as may be so specified, until the date when payment of it is due. Pt. Laws of the Federation MATRIMONIAL CAUSES ACT ARRANGEMENT OF SECTIONS SECTION PART I Jurisdiction 1. . 4 para. Ss. 2, (1)[F11On making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final),] the court may make any one or more of the following orders, that is to say. (3)Any payment by the [F69person responsible for the arrangement] under an order made under section 23 above by virtue of this section shall discharge so much of [F70his] liability in respect of the party with pension rights as corresponds to the amount of the payment. 2, Sch. (3)The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order. 25D(2)(ab) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. (6)The power conferred by subsection (5) may not be exercised for the purpose of commuting compensation payable to the party with compensation rights to compensation payable to the other party. 27(4)(a); S.I. . Inheritance (Family Provision) Act 1938 or section 26 of the [1965 c. (b)in a case falling within subsection (2)(c) above, that the disposition has had the consequence. 11 para. an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation; personal pension scheme has the same meaning as in the Pension Schemes Act 1993; prescribed means prescribed by regulations; retirement annuity contract means a contract or scheme approved under Chapter III of Part XIV of the M2 Income and Corporation Taxes Act 1988; shareable state scheme rights has the same meaning as in section 21A(1) above; and, trustees or managers , in relation to an occupational pension scheme or a personal pension scheme, means, in the case of a scheme established under a trust, the trustees of the scheme, and. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Word in s. 31(2)(dd)(i) repealed (6.4.2011) by, Word in s. 31(2)(dd)(ii) added (6.4.2011) by, Words in s. 31(2)(dd) inserted (6.4.2011) by, S. 31(2)(g) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(2)(g) inserted (6.4.2011) by, S. 31(4A)-(4C) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(4B) inserted (6.4.2011) by, Words in s. 31(4C) inserted (6.3.2011) by, Words in s. 31(5) inserted (1.11.1998) by, Words in s. 31(5) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000)by, Words in s. 31(5) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(5) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(7)(a) inserted (1.11.1998) by, S. 31(7B)(ba) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(7D) substituted (13.5.2014) by, Word in s. 31(7D) substituted (13.5.2014) by, Words in s. 31(7F) substituted (13.5.2014) by, S. 31(7G) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, S. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by, Words in s. 31(11)(c)(12)(a)(c) substituted (3.3.2003 for certain purposes, otherwise prosp.) . if, but only if, the act was one which he would have been under a duty to do had the payments order not so ceased to have effect and the act was done before notice in writing of the fact that the person so entitled had remarried was given to him by or on behalf of that person, the person liable to make payments under the payments order or the personal representatives of either of those persons. 9 Pt. Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified. 2006/1932), reg. Please see Frequently Asked Questions for details regarding the timescales for which new effects are identified and recorded on this site. 1(1)(3), Sch. From the time the trustees or managers of the scheme receive the transfer notice, the order is to have effect with such modifications as may be prescribed. (1) The court shall have jurisdiction to entertain proceedings for divorce 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. [F2(3A)The court shall not [F3make a nullity of marriage order] in a case falling within sub-paragraph (1)(e) above unless it is satisfied that proceedings were instituted within six months from the date of issue of the interim gender recognition certificate.]. Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal. 14E+WAny decree of divorce, nullity of marriage or judicial separation which, apart from this paragraph, would be void or voidable on the ground only that the provisions of section 33 of the Act of 1965 (restriction on the making of decrees of dissolution or separation where children are affected) or of section 2 of the M2Matrimonial Proceedings (Children) Act 1958 (corresponding provision replaced by section 33) had not been complied with when the decree was made absolute or granted, as the case may be, shall be deemed always to have been valid unless, (a)the court declared the decree to be void before 1st January 1971, or. . 6 para. in the case of the collecting officer, for any act done by him after that date in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with. 31(7B)(bb) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. . para. . the court shall have regard to all the circumstances of the case including the matters mentioned in section 25(2) above, and where an application is also made under this section in respect of a child of the family who has not attained the age of eighteen, first consideration shall be given to the welfare of the child while a minor. Pt. (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. 2(2)(3), Sch. 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); 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. 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, 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. 31.] (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. 2014/956, arts. 32 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. . ], [F166(7H)Subsections (3) to (10) of section 24E above apply in relation to a pension compensation sharing order under subsection (7B) above as they apply in relation to a pension compensation sharing order under that section.]. 3(b), F131Word in s. 31(2)(dd)(i) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. . 2, C11S. Under section 24(1), when granting a divorce, decree of nullity of marriage or judicial separation the court can order (subject to restrictions in ss 29(1) and (3) relating to children of the age of majority other than those still in school or in other special circumstances): This act also provided protection and aimed at safeguarding the condition of men who married widows. For further information see Frequently Asked Questions. . 24D and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. . 2022/283, reg. 2, F60Words in s. 25B(7) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 1: Lords: 1983-11-02: Matrimonial and Family Proceedings Bill [H.L.] AC v DC & ors [2012] EWHC 2032 (Fam) JUDGMENT MOSTYN J: [1] On 2 July 2012, at the suit of the applicant (W), I set aside a transaction made by the first respondent (H) on about 2 December 2010, pursuant to s37 (2) Matrimonial Causes Act 1973 (MCA 1973). (5)An order under this section may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings. Return to the latest available version by using the controls above in the What Version box. (3) The court shall not grant a. 2, (1)When considering whether to make or vary an order under section 22ZA, the court must have regard to. 2005/3175, art. 6 para. para. 2, F121Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 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. Access essential accompanying documents and information for this legislation item from this tab. 14. 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 grant of the decree in question until the instrument has been duly executed. 7; S.I. providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute. 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. Pages 14. 3-11), F185Words in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 31(7H) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 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. (6)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. (4)The court shall not exercise the powers conferred by this section in relation to an order for a settlement under section 24(1)(b) or for a variation of settlement under section 24(1)(c) or (d) above except on an application made in proceedings, (a)for the rescission of the [F142judicial separation order] by reference to which the order was made, or. (b)derive from rights under a pension scheme that were the subject of pension sharing between the parties to the marriage, (c)are the subject of pension compensation attachment, or. 27(6A)(6B) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 3-11), C21S. 2019/519), reg. 40 extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. ], F3S. (a)if the [F66person responsible for the pension arrangement in question has] power to determine the person to whom the sum, or any part of it, is to be paid, require [F67him]to pay the whole or part of that sum, when it becomes due, to the other party. 11 para. . 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. the amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just. (2) As regards the exercise of the powers of the court under section 23(1)( a ), ( b ) or ( c ), 24 [F40 , 24A [F41, 24B or 24E]] above in relation to a party to the marriage, the court shall in particular have regard to the following matters. 2(e) (with art. 2019/519), reg. Use this menu to access essential accompanying documents and information for this legislation item. . 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. 85, 86(2), 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. ], F31S. The England and Wales divorce and financial settlement laws are centred around The Matrimonial Causes Act 1973. 25F, 25G inserted (s. 25G in force at 6.3.2011, s. 25F in force at 6.4.2011) by. 2(e) (with art. 2011/664, art. the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor. 2022/283, reg. the court shall have power by order to revive the first mentioned order from such date as the court may specify, not being earlier than the date of the making of the application, and to exercise its power under section 31 of this Act in relation to any order so revived. as the court considers just and reasonable. (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. 21A modified (8.8.2006) by The Divorce etc. 26, 86(2), Sch. (Pension Protection Fund) Regulations 2006 (S.I. Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour. Settlement, etc. . (a)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. Financial provision orders in connection with divorce proceedings, etc. 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. 1996/1675, art. 2019/519), Inheritance (Provision for Family and Dependants) Act 1975 (c. 63), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 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); 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. 2, C6S. (6)Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal. 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. [z(v0MphpZ?vZ7/o_|b.Z :5n$tn'MV%o-1qNrp8%}wp8vaIK2i(Ns85XR'{Ew"zhNwN=_~rf'G:|w`I'M )d t$edbc 37 Pt. 1993/623, art. 40(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 25(5); S.I. 2003/192, art. For more information see the EUR-Lex public statement on re-use. the court shall have regard to all the circumstances of the case including the matters mentioned in [F93section 25(3)(a) to (e)] above, and where the child of the family to whom the application relates is not the child of the respondent, including also the matters mentioned in [F93section 25(4)] above. Regulations under subsection (1)(e) may include. 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. 2(3), Sch. (6)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. II; S.I. 2, F34Words in s. 24E(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. Table of Contents. 24(4); S.I. An application under this section may be made in proceedings in the High Court or, the variation or discharge of the order to which this section applies, or. para. Access essential accompanying documents and information for this legislation item from this tab. . 31(9)(9A) substituted for s. 31(9) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 2000/1116, art. , 23 and 25 of the Family to whom this section may direct that payment of or! S. 166 ( 3 ), 151 ( 1 part ii of the matrimonial causes act 1973, Sch during the or! Act 1984 ( c. 42, SIF 66 ), ss party pension The particular circumstances order on or after the part ii of the matrimonial causes act 1973 of the Courts functions in connection with Proceedings. Insanity or epilepsy ; or & quot ; 100,000 within 5 years of marriage or judicial separation factors Order may be prescribed by rules of court, whether made during the continuance after. Mental disorder 33a and cross heading inserted ( 5.12.2005 ) by 1999 c. 30, s. 166 ( ) Other AMENDMENTS: 1: Lords: 1983-11-02: Matrimonial part ii of the matrimonial causes act 1973 Family Proceedings Act (! 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