Matrimonial Causes Act 1973

• (b) the preservation for limited purposes of certain provisions superseded by provisions of this Act or by enactments repealed and replaced by this Act; and

• (c) the assimilation in certain respects to orders under this Act of orders made, or deemed to have been made, under the Matrimonial Causes Act 1965.

Consequential amendments and repeals

54

• (1) Subject to the provisions of Schedule 1 to this Act—

• (a) the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act or on enactments repealed by this Act; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The amendment of any enactment by Schedule 2 to this Act shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).

Citation, commencement and extent

55

• (1) This Act may be cited as the Matrimonial Causes Act 1973.

• (2) This Act shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument.

• (3) Subject to the provisions of paragraphs 3(2) ... of Schedule 2 below, this Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1

Part I — Miscellaneous and General

General transitional provisions and savings

1

Without prejudice to the provisions of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals)—

• (a) 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any order or rule made, direction given or thing done, or deemed to have been made, given or done, under any enactment repealed by this Act, and every such order, rule, direction or thing shall, if in force at the commencement of this Act, continue in force and, so far as it could have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

• (b) any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.

2

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.

3

Nothing in Part I of this Act shall apply in relation to any petition for divorce or judicial separation presented before 1st January 1971 and notwithstanding any repeal or amendment made by this Act the Matrimonial Causes Act 1965 (hereafter in this Schedule referred to as the Act of 1965) and any rules of court made for the purposes of that Act shall continue to have effect in relation to proceedings on any such petition which are pending at the commencement of this Act as they had effect immediately before the commencement of this Act.

4

Notwithstanding any repeal or amendment made by this Act, the Act of 1965 and any rules of court made for the purposes of that Act shall continue to have effect in relation to—

• (a) any proceedings on a petition for damages for adultery or for restitution of conjugal rights presented before 1st January 1971 which are pending at the commencement of this Act, and

• (b) any proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 brought in connection with proceedings on a petition for restitution of conjugal rights so presented, being proceedings for relief which are themselves pending at the commencement of this Act,

as they had effect immediately before the commencement of this Act; and nothing in Schedule 2 below shall affect the operation of any other enactment in relation to any such proceedings.

5

Nothing in any repeal made by this Act shall affect any order made, or deemed to have been made, under the Act of 1965 which was continued in force by paragraph 1 of Schedule 1 to the Matrimonial Proceedings and Property Act 1970 notwithstanding the repeal by the last-mentioned Act of the provision of the Act of 1965 under which the order had effect, and every such order shall, if in force at the commencement of this Act, continue in force subject to the provisions of this Act.

6

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.

7

Nothing in section 50(1)(a) or (c) above affects—

• (a) any rules of court made under the Supreme Court of Judicature (Consolidation) Act 1925 for the purposes of proceedings under section 39 of the Act of 1965 and having effect by virtue of paragraph 1(b) above in relation to proceedings under section 45 above;

• (b) any rules of court so made for the purposes of proceedings under section 17 of the Married Women’s Property Act 1882 or under section 1 of the Matrimonial Homes Act 1967; or

• (c) any rules of court so made for the purposes of the exercise by the High Court of its jurisdiction to grant declaratory relief in proceedings in which the only substantive relief sought is a declaration with respect to a person’s matrimonial status;

but rules of court made under section 50 may revoke any rules of court made under the said Act of 1925 in so far as they apply for any such purposes.

Transitional provisions derived from the Act of 1965

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Where the party chargeable under a maintenance agreement within the meaning of section 34 above died before 17th August 1957, then—

• (a) subsection (1) of that section shall not apply to the agreement unless there remained undistributed on that date assets of that party’s estate (apart from any property in which he had only a life interest) representing not less than four-fifths of the value of that estate for probate after providing for the discharge of the funeral, testamentary and administrative expenses, debts and liabilities payable thereout (other than any liability arising by virtue of that subsection); and

• (b) nothing in that subsection shall render liable to recovery, or impose any liability upon the personal representatives of that party in respect of, any part of that party’s estate which had been distributed before that date.

10

No right or liability shall attach by virtue of section 34(1) above in respect of any sum payable under a maintenance agreement within the meaning of that section in respect of a period before 17th August 1957.

Part II — Preservation for limited Purposes of certain Provisions of previous Enactments

Nullity

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 ground—

• (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—

• (i) was of unsound mind, or

• (ii) was suffering from mental disorder within the meaning of the Mental 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; 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 (iii) was subject to recurrent fits of insanity or epilepsy; or

.

• (3) The court shall not grant a decree of nullity in a case falling within sub-paragraph (1) (b), (c) or (d) above unless it is satisfied that—

• (a) the petitioner was at the time of the marriage ignorant of the facts alleged; and

• (b) proceedings were instituted within a year from the date of the marriage; and

• (c) marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree;

and where the proceedings with respect to the marriage are instituted after 31st July 1971 the application of section 13(1) above in relation to the marriage shall be without prejudice to the preceding provisions of this sub-paragraph.

• (3A) The court shall not make 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.

• (4) Nothing in this paragraph shall be construed as validating a marriage which is by law void but with respect to which no decree of nullity or nullity of marriage order has been made.

12

Where a decree of nullity was granted on or before 31st July 1971 in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled shall be deemed to be their legitimate child.

Succession on intestacy in case of judicial separation

13

Section 18(2) above shall not apply in a case where the death occurred before 1st August 1970, but section 20(3) of the Act of 1965 (which provides that certain property of a wife judicially separated from her husband shall devolve, on her death intestate, as if her husband had then been dead) shall continue to apply in any such case.

Validation of certain void or voidable decrees

14

Any 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 Matrimonial 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

• (b) in proceedings for the annulment of the decree pending at that date the court has before the commencement of this Act declared or after that commencement declares the decree to be void.

Part III — Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.

Cesser on remarriage of orders made, etc., under the Act of 1965 and recovery of sums mistakenly paid thereafter

15

• (1) An order made, or deemed to have been made, under section 16(1)(a) or (b) of the Act of 1965 (including either of those paragraphs as applied by section 16(3) or by section 19) shall, notwithstanding anything in the order, cease to have effect on the remarriage after the commencement of this Act of the person in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage.

• (2) An order for the payment of alimony made, or deemed to have been made, under section 20 of the Act of 1965, and an order made, or deemed to have been made, under section 21 or 22 of that Act shall, if the marriage of the parties to the proceedings in which the order was made was or is subsequently dissolved or annulled but the order continues in force, cease to have effect on the remarriage after the commencement of this Act of the party in whose favour the order was made, except in relation to any arrears due under it on the date of the remarriage.

16

Section 38 above shall apply in relation to an order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) and by section 19), 20(1), 21 or 22 of the Act of 1965 as it applies in relation to a periodical payments or secured periodical payments order in favour of a party to a marriage.

Variation, etc., of certain orders made, etc., under the Act of 1965

17

• (1) Subject to the provisions of this paragraph, section 31 above shall apply, as it applies to the orders mentioned in subsection (2) thereof, to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the following provisions of the Act of 1965, that is to say—

• (a) section 15 (except in its application to proceedings for restitution of conjugal rights);

• (b) section 16(1) (including that subsection as applied by section 16(3) and by section 19);

• (c) section 20(1) and section 17(2) as applied by section 20(2);

• (d) section 22;

• (e) section 34(1)(a) or (b), in so far as it relates to the maintenance of a child, and section 34(3).

• (2) 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.

• (3) Section 31, as it applies by virtue of sub-paragraph (1) above, shall have effect as if for subsections (4), (5) and (6) there were substituted the following subsections—

(4) The court shall not exercise the powers conferred by this section in relation to an order made or deemed to have been made under section 17(2) of the Act of 1965, as applied by section 20(2) of that Act, in connection with the grant of a decree of judicial separation except on an application made in proceedings— (a) for the rescission of that decree, or (b) for the dissolution of the marriage in question. (5) No order for the payment of a lump sum and no property adjustment order shall be made on an application for the variation of any order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) or by section 19), 20(1), 22, 34(1)(a) or (b) or 34(3) of the Act of 1965. (6) In the case of an order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) or by section 19), 22 or 34(3) of the Act of 1965 and requiring a party to a marriage to secure an annual sum or periodical payments to any other person, an application under this section relating to that order may be made after the death of the person liable to make payments under the order by the person entitled to the payments or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out

;

and in that section, as it so applies, the reference in subsection (8) to a secured periodical payments order shall be construed as a reference to any such order as is mentioned in subsection (6).

• (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).

18

• (1) Subsections (1) and (3) of section 31 above shall apply to an order made or deemed to have been made under section 15 of the Act of 1965 in its application to proceedings for restitution of conjugal rights, or under section 21 or 34(1)(c) of that Act, as they apply to the orders mentioned in subsection (2) of section 31.

• (2) In exercising the powers conferred by virtue of this paragraph the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates.

19

Section 42(7) above shall apply in relation to an order for the custody or education of a child made or deemed to have been made under section 34 of the Act of 1965, and in relation to an order for the custody of a child made or deemed to have been made under section 35 of that Act, as it applies in relation to an order made under section 42.

Orders made under the Act of 1965 to count as orders under this Act for certain purposes

20

The power of the court under section 23(1) or (2)(a) or 42(1)(a) above to make from time to time a financial provision order or, as the case may be, an order for custody or education in relation to a child of the family shall be exercisable notwithstanding the making of a previous order or orders in relation to the child under section 34(1)(a) of the Act of 1965; and where the court has made an order in relation to a child under section 34(1)(b) of that Act sections 23(4) and 42(6) above shall apply respectively in relation to that child as if the order were an order made under section 23(2)(b) or section 42(1)(b), as the case may be.

21

Where the court has made an order under section 22 of the Act of 1965 the court shall have the like power to make orders under section 42 above with respect to the custody of any child of the family as it has where it makes an order under section 27 above.

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

22

Section 32 above shall apply in relation to the enforcement, by proceedings begun after 1st January 1971 (whether before or after the commencement of this Act), of the payment of arrears due under an order made, or deemed to have been made, under any of the following provisions of the Act of 1965, that is to say—

• (a) section 15;

• (b) section 16(1) (including that subsection as applied by section 16(3) and by section 19);

• (c) section 20(1);

• (d) section 21;

• (e) section 22;

• (f) section 34(1), in so far as it relates to the maintenance of a child, and section 34(3);

as it applies in relation to the enforcement of the payment of arrears due under any such order as is mentioned in that section.

23

Section 33 above shall apply to an order (other than an order for the payment of a lump sum) made or deemed to have been made under any of the provisions of the Act of 1965 mentioned in paragraph 22 above as it applies to the orders mentioned in section 33(2).

Avoidance under this Act of transactions intended to defeat claims for relief and relief granted under the Act of 1965

24

• (1) Section 37 above shall apply in relation to proceedings for relief under section 21 or 34(1)(c) of the Act of 1965 continuing by virtue of paragraph 4(b) above as it applies in relation to proceedings for relief under any of the provisions of this Act specified in section 37(1).

• (2) Without prejudice to sub-paragraph (1) above, section 37 shall also apply where an order has been obtained under any of the following provisions of the Act of 1965, that is to say—

• (a) section 16(1) (including that subsection as applied by section 16(3) and by section 19);

• (b) section 17(2) (including that subsection as applied by section 20(2));

• (c) section 20(1);

• (d) section 21;

• (e) section 22;

• (f) section 24;

• (g) section 31;

• (h) section 34(1), in so far as it relates to the maintenance of a child, and section 34(3);

• (i) section 35;

as it applies where an order has been obtained under any of the provisions of this Act specified in section 37(1).

Care and supervision of children

25

• (1) Sections 43 and 44 above shall apply where the court has jurisdiction by virtue of paragraph 4(b) above to make an order for the custody of a child under section 34(1)(c) of the Act of 1965 as they apply where the court has jurisdiction to make an order for custody under Part III of this Act, but as if the reference in section 43(2) to a financial provision order in favour of the child were a reference to an order for payments for the maintenance and education of the child.

• (2) Without prejudice to the effect of paragraph 1(a) of this Schedule in relation to an order made under section 36 or 37 of the Act of 1965 which could have been made under section 43 or, as the case may be, section 44 above, any order made under section 36 or 37 of that Act by virtue of the jurisdiction of the court to make an order for the custody of a child under section 34(1)(c) of that Act shall be deemed to have been made under section 43 or 44 above, as the case may require.

26

Section 44(4) above shall apply in relation to the jurisdiction possessed by a court to vary an order made or deemed to have been made with respect to a child’s custody, maintenance or education under Part III of the Act of 1965 as it applies in relation to the jurisdiction possessed by a court to vary any financial provision order in a child’s favour and any order made with respect to a child’s custody or education under Part III of this Act.

SCHEDULE 2

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 2(1) of the Limitation (Enemies and War Prisoners) Act 1945, in the definition of “statute of limitation” for the words “subsection (1) of section seven of the Matrimonial Causes Act 1937” there shall be substituted the words “ section 13(2) of the Matrimonial Causes Act 1973 and paragraph 11(3) of Schedule 1 to that Act ”.

3

• (1) In section 16 of the Maintenance Orders Act 1950 (orders enforceable under Part II of that Act)—

• (a) in subsection (2)(a) for sub-paragraph (i) there shall be substituted the following sub-paragraph:—

(i) sections 15 to 17, 19 to 22, 30, 34 and 35 of the Matrimonial Causes Act 1965 and sections 22, 23(1), (2) and (4) and 27 of the Matrimonial Causes Act 1973

; and

• (b) in subsection (2)(c), for sub-paragraph (v) there shall be substituted the following sub-paragraph:—

(v) any enactment of the Parliament of Northern Ireland containing provisions corresponding with section 22(1), 34 or 35 of the Matrimonial Causes Act 1965, with section 22, 23(1), (2) or (4) or 27 of the Matrimonial Causes Act 1973, or with section 12(2) of the Guardianship of Minors Act 1971

.

• (2) Sub-paragraph (1) above extends to Scotland and Northern Ireland, and the references to section 16(2)(c) of the Maintenance Orders Act 1950 in paragraph 8 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 9 of Schedule 1 to the Attachment of Earnings Act 1971 shall be construed as references to section 16(2)(c) as amended by sub-paragraph (1)(b) above.

4

In section 109(2) of the County 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 Matrimonial Proceedings and Property Act 1970):—

(g) any proceedings on an application under section 13A of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 or under section 33, 36 or 38 of the Matrimonial Causes Act 1973

.

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 42 of that Act (provisions as to condonation), at the beginning of subsections (1) and (3) there shall be inserted the words “ For the purposes of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

• (1) In subsection (1) of section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (restriction of publicity for certain proceedings) for the words in paragraph (a) “section 39 of the Matrimonial Causes Act 1965” there shall be substituted the words “ section 45 of the Matrimonial Causes Act 1973 ”, the following paragraph shall be substituted for the paragraph (c) inserted in the subsection by paragraph 3 of Schedule 2 to the Matrimonial Proceedings and Property Act 1970:—

(c) proceedings under section 27 of the Matrimonial Causes Act 1973 (which relates to proceedings by a wife against her husband, or by a husband against his wife, for financial provision) and any proceedings for the discharge or variation of an order made under that section or for the temporary suspension of any provision of any such order or the revival of the operation of any provision so suspended

;

subsection (2) of that section shall be omitted, and the references in subsection (3) of that section to subsection (1) and to subsection (1)(a) thereof shall be construed as references to subsection (1) and to subsection (1)(a) as they respectively have effect by virtue of this sub-paragraph.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In section 7 of the Family Law Reform Act 1969 (committal of wards of court to care of local authority and supervision of wards of court)—

• (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 ”.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 Maintenance Orders Act 1958) the following paragraph shall be inserted after paragraph 2:—

(2A) An order for periodical or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1973

.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) for paragraph 3 there shall be substituted the following paragraph—

(3) An order for periodical or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1973

.

SCHEDULE 3

Divorce on breakdown of marriage.

10A

• (1) This section applies if a divorce order has been made but not made final and the parties to the marriage concerned—

• (a) were married in accordance with—

• (i) the usages of the Jews, or

• (ii) any other prescribed religious usages; and

• (b) must co-operate if the marriage is to be dissolved in accordance with those usages.

• (2) On the application of either party, the court may order that a divorce order is not to be made final until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court.

• (3) An order under subsection (2)—

• (a) may be made only if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so; and

• (b) may be revoked at any time.

• (4) A declaration of a kind mentioned in subsection (2)—

• (a) must be in a specified form;

• (b) must, in specified cases, be accompanied by such documents as may be specified; and

• (c) must, in specified cases, satisfy such other requirements as may be specified.

• (5) The validity of a divorce order made by reference to such a declaration is not to be affected by any inaccuracy in that declaration.

• (6) “Prescribed” means prescribed in an order made by the Lord Chancellor after consulting the Lord Chief Justice and such an order—

• (a) must be made by statutory instrument;

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) “Specified” means specified in rules of court.

• (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

21A

• (1) For the purposes of this Act, a pension sharing order is an order which—

• (a) provides that one party’s—

• (i) shareable rights under a specified pension arrangement, or

• (ii) shareable state scheme rights,

be subject to pension sharing for the benefit of the other party, and

• (b) specifies the percentage value to be transferred.

• (2) In subsection (1) above—

• (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.

Grounds on which a marriage is voidable.

24A

• (1) Where the court makes an order under section 22ZA or makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.

• (2) Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include—

• (a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and

• (b) provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.

• (3) Where an order is made under subsection (1) above on or after the making of a divorce or nullity of marriage order, the order under subsection (1) is not to take effect unless the divorce or nullity of marriage order has been made final.

• (4) 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.

• (5) Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of , or formation of a civil partnership by, that person.

• (6) Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 25(1) below.

• (7) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).

24B

• (1) On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.

• (2) A pension sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final.

• (3) A pension sharing order under this section may not be made in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the marriage, or

• (b) has been the subject of pension sharing between the parties to the marriage.

• (4) A pension sharing order under this section may not be made in relation to shareable state scheme rights if—

• (a) such rights are the subject of a pension sharing order in relation to the marriage, or

• (b) such rights have been the subject of pension sharing between the parties to the marriage.

• (5) A pension sharing order under this section may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.

• (6) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).

Pension sharing orders: duty to stay.

24C

• (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.

• (2) 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.

Marriages governed by foreign law or celebrated abroad under English law.

24D

If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 41 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs), or under corresponding Northern Ireland legislation.

Application of ss. 1(5), 8 and 9 to nullity proceedings.

25A

• (1) Where on or after the making 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 , 24A , 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 making of the order as the court considers just and reasonable.

• (2) Where the court decides in such a case to make a periodical payments or secured periodical payments order in favour of a party to the marriage, the court shall in particular consider whether it would be appropriate to require those payments to be made or secured only for such term as would in the opinion of the court be sufficient to enable the party in whose favour the order is made to adjust without undue hardship to the termination of his or her financial dependence on the other party.

• (3) Where on or after the making 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.

• (4) See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).

25B

• (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 arrangement which a party to the marriage has or is likely to have, and

• (b) in the case of paragraph (h), any benefits under a pension arrangement 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 arrangement, section 25(2)(a) above shall have effect as if “in the foreseeable future” were omitted.

• (2) In any proceedings for a financial provision order under section 23 above in a case where a party to the marriage has, or is likely to have, any benefit under a pension scheme, the court shall, in addition to considering any other matter which it is required to consider apart from this subsection, consider—

• (a) whether, having regard to any matter to which it is required to have regard in the proceedings by virtue of subsection (1) above, such an order (whether deferred or not) should be made, and

• (b) where the court determines to make such an order, how the terms of the order should be affected, having regard to any such matter.

• (3) The following provisions apply where, having regard to any benefits under a pension arrangement, the court determines to make an order under section 23 above.

• (4) To the extent to which the order is made having regard to any benefits under a pension arrangement, the order may require the person responsible for the pension arrangement in question, if at any time any payment in respect of any benefits under the arrangement becomes due to the party with pension rights, to make a payment for the benefit of the other party.

• (5) The order must express the amount of any payment required to be made by virtue of subsection (4) above as a percentage of the payment which becomes due to the party with pension rights.

• (6) Any such payment by the person responsible for the arrangement—

• (a) shall discharge so much of his liability to the party with pension rights as corresponds to the amount of the payment, and

• (b) 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.

• (7) Where the party with pension rights has a right of commutation under the arrangement, the order may require him to exercise it to any extent; and this section applies to the any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of benefits under the arrangement.

• (7A) The power conferred by subsection (7) above may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party.

• (7B) The power conferred by subsection (4) or (7) above may not be exercised in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the marriage, or

• (b) has been the subject of pension sharing between the parties to the marriage.

• (7C) In subsection (1) above, references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.

25C

• (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 arrangement include any lump sum payable in respect of his death, power to make any of the following provision by the order.

• (2) The court may—

• (a) if the person 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 him to pay the whole or part of that sum, when it becomes due, to the other party,

• (b) if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum,

• (c) in any other case, require the person 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.

• (3) Any payment by the person responsible for the arrangement under an order made under section 23 above by virtue of this section shall discharge so much of his liability in respect of the party with pension rights as corresponds to the amount of the payment.

• (4) The powers conferred by this section may not be exercised in relation to a pension arrangement which—

• (a) is the subject of a pension sharing order in relation to the marriage, or

• (b) has been the subject of pension sharing between the parties to the marriage.

25D

• (1) Where—

• (a) an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”) and the party with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of his rights under the first arrangement, and

• (b) the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,

the order shall have effect as if it had been made instead in respect of the person responsible for the new arrangement.

• (2) The Lord Chancellor may by regulations—

• (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 person 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,

• (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,

• (b) require notices to be given in respect of changes of circumstances relevant to such orders which include provision made by virtue of sections 25B and 25C above,

• (ba) make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25B or 25C above,

• (c) make provision for the trustees or managers of any pension scheme to provide, for the purposes of orders under section 23 above, information as to the value of any benefits under the scheme,

• (d) make provision for the recovery of the administrative expenses of—

• (i) complying with such orders, so far as they include provision made by virtue of sections 25B and 25C above, and

• (ii) providing such information,

from the party with pension rights or the other party,

• (e) make provision about calculation and verification in relation to the valuation of—

• (i) benefits under a pension arrangement, or

• (ii) shareable state scheme rights,

for the purposes of the court’s functions in connection with the exercise of any of its powers under this Part of this Act.

and regulations made by virtue of paragraph (e) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed person and approved by the Secretary of State.

• (2A) Regulations under subsection (2)(e) above may include—

• (a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

• (b) provision by reference to regulations under section 30 or 49(4) of the Welfare Reform and Pensions Act 1999.

• (2B) Regulations under subsection (2) above may make different provision for different cases.

• (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.

• (3) In this section and sections 25B and 25C above—

• “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;

• “the party with pension rights” means the party to the marriage who has or is likely to have benefits under a pension arrangement and “the other party” means the other party to the marriage;

• “pension arrangement” means—an occupational pension scheme,a personal pension scheme,a retirement annuity contract,an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, andan 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 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, andin any other case, the managers of the scheme.

• (4) In this section and sections 25B and 25C above, references to the person responsible for a pension arrangement are—

• (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.

25E

• (1) The matters to which the court is to have regard under section 25(2) include—

• (a) in the case of paragraph (a), any PPF compensation to which a party to the marriage is or is likely to be entitled, and

• (b) in the case of paragraph (h), any PPF compensation which, by reason of the dissolution or annulment of the marriage, a party to the marriage will lose the chance of acquiring entitlement to,

and, accordingly, in relation to PPF compensation, section 25(2)(a) shall have effect as if “in the foreseeable future” were omitted.

• (2) Subsection (3) applies in relation to an order under section 23 so far as it includes provision made by virtue of section 25B(4) which—

• (a) imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter, and

• (b) was made before the trustees or managers of the scheme received the transfer notice in relation to the scheme.

• (3) The order is to have effect from the time when the trustees or managers of the scheme receive the transfer notice—

• (a) as if, except in prescribed descriptions of case—

• (i) references in the order to the trustees or managers of the scheme were references to the Board, and

• (ii) references in the order to any pension or lump sum to which the party with pension rights is or may become entitled under the scheme were references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum, and

• (b) subject to such other modifications as may be prescribed.

• (4) Subsection (5) applies to an order under section 23 if—

• (a) it includes provision made by virtue of section 25B(7) which requires the party with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and

• (b) before the requirement is complied with the Board has assumed responsibility for the scheme as mentioned in subsection (2)(a).

• (5) 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.

• (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.

• (7) Where the court makes a pension sharing order in respect of a person’s 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—

• (a) the powers of the court under section 31 to vary or discharge the order or to suspend or revive any provision of it, or

• (b) on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

• (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.

• (9) In this section—

• “ assessment period ” means an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection) (see sections 132 and 159 of that Act) or an equivalent period under any provision in force in Northern Ireland corresponding to that Part;

• “ the Board ” means the Board of the Pension Protection Fund;

• “ occupational pension scheme ” has the same meaning as in the Pension Schemes Act 1993;

• “ prescribed ” means prescribed by regulations;

• ...

• “ regulations ” means regulations made by the Lord Chancellor;

• “shareable rights” are rights in relation to which pension sharing is available under Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 or any provision in force in Northern Ireland corresponding to that Chapter;

• “ transfer notice ” has the same meaning as in section 160 of the Pensions Act 2004 or any corresponding provision in force in Northern Ireland.

• (10) Any power to make regulations under this section is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Financial provision orders in connection with divorce proceedings, etc.

Consent orders

33A

• (1) Notwithstanding anything in the preceding provisions of this Part of this Act, on an application for a consent order for financial relief the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of the prescribed information furnished with the application.

• (2) Subsection (1) above applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief.

• (3) In this section—

• “consent order”, in relation to an application for an order, means an order in the terms applied for to which the respondent agrees;

• “order for financial relief” means an order under any of sections 23, 24, 24A , 24B or 27 above; and

• “prescribed” means prescribed by rules of court.

Pension sharing orders: duty to stay.

40A

• (1) Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.

• (2) If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.

• (3) If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order.

• (4) In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.

• (5) Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

• (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.

• (7) In subsection (2) above, the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above.

Pension compensation sharing orders in connection with divorce proceedings

Commencement of proceedings for ancillary relief, etc.

Pension compensation sharing orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c19311101]: S. 10A inserted (24.2.2003) by Divorce (Religious Marriages) Act 2002 (c. 27), ss. 1(1), 2(2); S.I. 2003/186, art. 2

[^c19311441]: Words in s. 35(4)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 44; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19311531]: Words in s. 38(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19311561]: Words in s. 38(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(2)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19311581]: Words in s. 38(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19311601]: Words in s. 38(6) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19311621]: Words in s. 38 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 45(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19322221]: S. 12(g) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 2; S.I. 2005/54, art. 2

[^c19322251]: S. 12(h) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 5; S.I. 2005/54, art. 2

[^c19322341]: Words in s. 13(2)(3)(4) substituted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 11, 26, Sch. 4 para. 6; S.I. 2005/54, art. 2

[^c19322381]: S. 13(2A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 3; S.I. 2005/54, art. 2

[^c19322431]: Sch. 1 para. 11(1)(e) and word inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(2); S.I. 2005/54, art. 2

[^c19322451]: Sch. 1 para. 11(3A) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 4(4), 26, Sch. 2 para. 4(3); S.I. 2005/54, art. 2

[^c19323711]: Words in s. 11(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 40; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19323871]: Words in s. 14(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19323891]: S. 14(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 41(3); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19324161]: Words in s. 24A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 42; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19324951]: Words in s. 28(1)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(2); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325001]: Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(a); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325021]: Words in s. 28(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(3)(b); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325041]: Words in s. 28(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(4); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325061]: Words in s. 28 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 43(5); S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325891]: S. 52(3A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 46; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

[^c19325931]: S. 25E inserted (1.1.2006) by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 3; S.I. 2005/3331, art. 2(3), Sch. Pt. 3 (subject to art. 3)

[^c19325981]: Words in s. 10A(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[^c19326001]: S. 10A(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 76(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

[^c19326021]: S. 21A modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(a)

[^c19326051]: S. 25B modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 4(2)(b)

[^c19326091]: S. 25B(6) modified (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), reg. 2

[^c19326161]: S. 40 renumbered (1.10.2007) as s. 40(1) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[^c19326181]: Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[^c19326201]: Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[^c19326221]: Words in s. 40(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(c) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[^c19326241]: S. 40(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 19(d) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[^c8894751]: Act not in force at Royal Assent, see s. 55(2); Act wholly in force at 1.1.1974

[^c8894801]: S. 3 substituted (with saving) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 1, 46(1), 48(2), Sch. 2

[^c8895081]: Words substituted by virtue of Marriage Act 1983 (c. 32, SIF 49:1), s. 12(1)

[^c8895091]: Words substituted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 6(4)

[^c8895101]: Words in s. 11 substituted (8.1.1996) by 1995 c. 42, ss. 8(2), 16(2), Sch. para. 2(2) (with s. 8(1)(3))

[^c8895111]: Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 34

[^c8895121]: S. 13(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(2), 48(2)

[^c8895131]: S. 13(4)(5) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 2(3), 48(2)

[^c8895141]: S. 13(4) modified by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(2), 47(1), 48(2), Sch. 2 para. 2

[^c8895191]: 1960 c. 48.

[^c8895341]: S. 21A and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 2; S.I. 2000/1116, art. 2

[^c8895381]: S. 23(3) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(a), 48(2)

[^c8895391]: S. 23(6) added by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 16, 77(1)

[^c8895451]: Words in s. 24(1)(c)(d) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 3; S.I. 2000/1116, art. 2

[^c8895471]: S. 24A inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 7

[^c8895481]: S. 24A(2)(4)(5)(6) extended by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 21(b), 48(2)

[^c8895511]: S. 24A(6) added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 11

[^c8895611]: S. 24B and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2

[^c8895661]: S. 24C and sidenote inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 19, Sch. 3 para. 4; S.I. 2000/1116, art. 2