21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 3(a) (with s. 8(1)(3)), F308Word in s. 47(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. . . 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. . 2 para. 25B modified (8.8.2006) by The Divorce etc. 20 of 2007 301 GOVERNMENT OF ZAMBIA ACT No. 2, F114S. Matters to which court is to have regard in deciding how to exercise its powers under ss. In a particular case the court dealing with the case may by order shorten the period that would otherwise be applicable for the purposes of subsection (1)(b). . 11(b)(i) (with s. 8(4)); S.I. . Divorce not precluded by previous judicial separation. 3(2)(b), 7(3), C17S. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 4 para. that the agreement does not contain proper financial arrangements with respect to any child of the family, by varying or revoking any financial arrangements contained in it, or. . 2(a), Sch. . F263S. 11 para. (5)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 [F278the court] might permit an application by virtue of this section to be made by the surviving party after that period; 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. 31(2)(g) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. . 2(2) (subject to art. by 2000 c. 19, ss. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 52(2)(aa) substituted for word in s. 52(2) (1.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 6 para. . 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. Commencement of proceedings for ancillary relief, etc. . An application for a divorce order may not be made. . . 3-11), F279S. 45(4); S.I. 11. 2, F93S. 25D(2)(ba) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. . (5)The validity of a [F39divorce order] made by reference to such a declaration is not to be affected by any inaccuracy in that declaration. troy driver fallon. 2, F17Words in s. 8(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 31(7G) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 2014/793, art. any order under subsection (1)(c) or (d) of that section for a variation of settlement. 3-11), F289Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. . 2022/283, reg. . (5)A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament. . The fourth factor is two years separation with the respondents consent to the divorce, which is found within the MCA 1973, s1(2)(d). 2007/1897, art. 11 para. . 14 paras. . Access essential accompanying documents and information for this legislation item from this tab. (b)an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with. 24D and sidenote inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. . 1(1)(8)(b); S.I. Subject to the provisions of this paragraph, the court hearing an application for the variation of an order made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in sub-paragraph (1) above shall have power to vary that order in any way in which it would have power to vary it had the order been made under the corresponding provision of Part II of this Act. Orders for custody and education of children in cases of divorce, etc., and for custody in cases of neglect. Matrimonial Causes Act 1973 (c. 18) Introductory Text Main body Part I Divorce, Nullity and Other Matrimonial Suits Divorce 1. (d)an application is made, before the end of the period of 6 months beginning with the date on which [F256the calculation] 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 [F256the calculation] took effect or any later date. . . The criticisms of the current law from the Law Commission persuaded the Government to reform the law through the Family Law Act 1996 (FLA 1996). The Matrimonial Causes Act 1973 is the leading piece of legislation governing divorce in England and Wales. . 1, 2, F118Words in s. 24E(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. Pension sharing orders: duty to stay. . . F275Words in s. 36(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. . . Pt. This legislative provision is found with MCA 1973, s1(2)(c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. There are times when desertion can be justified, for example inQuoraishi v Quoraishiit was deemed to be justifiable when her husband took in a second wife. matrimonial causes act, 1971 (act 367) 1971: chieftaincy act, 1971 (act 370) 1971: factories, offices and shops act, 1970 (act 328) 1970: airport tax . 32; S.I. (iii)was subject to recurrent fits of insanity or epilepsy; or. Certain children to be deemed to be children of the marriage 6A. . (a)in subsection (3), for the words section 36 of the Matrimonial Causes Act 1965 there shall be substituted the words section 43 of the Matrimonial Causes Act 1973 ; (b)in subsection (4), for the words from subsections (2) to 1965 there shall be substituted the words section 44(2) of the Matrimonial Causes Act 1973 . As regards the exercise of the powers of the court under section 23(1)(, above in relation to a party to the marriage, the court shall in particular have regard to the following matters. 27 para. . Nothing in sections 11 to 14 or 16 of this Act affects any law or custom relating to the marriage of members of the Royal Family. (2)This Act shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument. 29(8); S.I. when proceedings for a divorce order are contemplated or have begun. para. (a)a periodical payments or secured periodical payments order in favour of more than one child (the order) is in force; (b)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; (c)a [F255maintenance calculation] ( [F256the calculation]) 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. 2011/664, art. . para. . . Part II Financial Relief for Parties to Marriage and Children of Family, Financial provision and property adjustment orders. An Act to consolidate and amend the law relating to matrimonial causes [Act No. . . . . . . . 6(4) (with reg. 2, Sch. The following are to be left out of account when considering for the purposes of subsection (6) above when representation was first taken out. that an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage; that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004. Financial provision orders in connection with divorce proceedings, etc. 3(2), F305S. 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. . 2000/1116, art. 1(1)(4); S.I. 2, General transitional provisions and savings, sections 16(1) and 17(2)(a) of the Interpretation Act 1978, nothing in any repeal made by this Act shall affect any order or rule made, direction given or thing done, or deemed to have been made, given or done, under any enactment repealed by this Act, and every such order, rule, direction or thing shall, if in force at the commencement of this Act, continue in force and, so far as it could have been made, given or done under this Act, be deemed to have been made, given or done under the corresponding provisions of this Act; and. 15 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 33(A) and cross heading inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. . ], (3) A pension compensation sharing order under this section may not be made in relation to rights to PPF compensation that. . For further information see the Editorial Practice Guide and Glossary under Help. 21, 88, Sch. 2, F119Words in s. 24E(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 49(1)(b), 151(1); S.I. [F66(4) In the case of proceedings for the [F67making of a nullity of marriage order] by virtue of section 12 above on the grounds mentioned in paragraph ( c ), ( d ), ( e ) [F61 , (f) or (h) ] of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if, (a)he is satisfied that the [F68applicant] has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and. the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future. . . . 32, Sch.15 (with Sch. II; S.I. . 22ZA inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 2000/1116, art. . . (a)the court may, if it thinks fit, direct all necessary papers in the matter to be sent to the Queens Proctor, who shall under the directions of the Attorney-General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued; (b)any person may at any time during the progress of the proceedings or before the [F16divorce order is made final] give information to the Queens Proctor on any matter material to the due decision of the case, and the Queens Proctor may thereupon take such steps as the Attorney-General considers necessary or expedient. 1973/1972, art. 8(2)(b); S.I. ), F243S. para. (2)In this section matrimonial relief means. making a divorce or nullity of marriage order, neither the order under subsection (1)(a), (b) or (c) nor any settlement made in pursuance of it is to take effect unless the divorce or nullity of marriage order has been made final. (4)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). . Pts. 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. 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. F346Sch. . 34, F51S. The Matrimonial Causes Act 1973 (MCA 1973) is the law within England and Wales that governs divorce. 4E+WIn section 109(2) of the M20County Courts Act 1959 (proceedings in which appeals on questions of fact are to lie) the following paragraph shall be inserted after paragraph (f) (in place of the paragraph inserted by section 34(2) of the M21 Matrimonial Proceedings and Property Act 1970):. . F1Act: for the words "Supreme Court Act 1981" wherever they occur there is substituted (prosp.) 3) (with transitional provisions and savings in S.I. . compensation, section 25(2)(a) shall have effect as if in the foreseeable future were omitted. 2, F142S. ) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings. 2014/954, art. Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family. ], F115S. . above, then, subject to the provisions of this section, the court shall have power to remit the payment of any arrears due under the order or of any part thereof. 2, F103Words in s. 24(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. The Law Commission stated within Report 192that they are still dissatisfied with the current law surrounding divorce. 40. 2000/1116, art. . 2000/1116, art. 2(2)(3), Sch. 3(2), F326Definition in s. 52(1) inserted (5.4.1993) by S.I. (a)in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme, (b)in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of pension arrangement above, the provider of the annuity, and, (c)in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer. (2C)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. . 27 para. 3(j)(i), F49Words in s. 12 inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. Provision shall be made by rules of court for requiring the, an applicant for a divorce order to certify whether the representative has discussed with the applicant the possibility of reconciliation and given the applicant, Words in s. 6(1) substituted (1.1.2010) by. . 2014/956, arts. 2, F156S. . The Act gives details of the types of Orders that can be applied for and granted by the Court before, upon or after the Final Order (dependant upon individual circumstances) including: An Order that one party should pay the other . However, this Act was never enacted due to disappointing results from trials. 6(4), 48(2), F254S. General transitional provisions and savings. para. 3-11), C24S. Where the court makes a pension sharing order in respect of a persons shareable rights under an occupational pension scheme, or an order which includes provision made by virtue of section 25B(4) or (7) in relation to such a scheme, the Board subsequently assuming responsibility for the scheme as mentioned in subsection (2)(a) does not affect, the powers of the court under section 31 to vary or discharge the order or to suspend or revive any provision of it, or. 2003/192, art. 2, F235Words in s. 31(5) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 19, Sch. 27(4)(a); S.I. 1997/1623, art. 9 para. 2(2) (subject to art. 2014/956, arts. para. 2, Sch. . F89Ss. 63(2), 89(2), F177S. 3) (with transitional provisions and savings in S.I. 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). . These Rules may be cited as the Matrimonial Causes Rules. . 19(b) (with ss. 63(4); S.I. 10.Proceedings before divorce order made final: special protection for respondent. There are changes that may be brought into force at a future date. 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