Matrimonial Causes Act 1973

[^key-a2f147772eabdb43017ee297aef41877]: Words in s. 38(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-a48521a66d0da13aa99f1c13adefba68]: Words in s. 47(2)(d) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 30(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2

[^key-a6916b36efcd0a39e1d499dba6f6a0cd]: Words in s. 6(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 29 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

[^key-a913a25232889871fc92eebe0a5aa1e5]: Words in s. 13(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 13(3) (with s. 8(6)); S.I. 2022/283, reg. 2

[^key-a9c32ffdc65fad8d135c8eb8336129cf]: Words in s. 32(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 60; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-aa58b3a988e28b9377fde4f2715f39b8]: Words in s. 23(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 20(3) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2

[^key-aaf927b76ed18dbf3ef1e4fd0345762e]: Words in s. 25A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(3)(b); S.I. 2022/283, reg. 2

[^key-ab35e4b330e7ebd4b39797ea194a391d]: S. 4 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 4 (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-abba03ad8ac6ee0d3ae30b364a2b4fd1]: Words in s. 26(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(a)(i) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2

[^key-ad4ce74c5621c6b9906fbcb9f6e7810b]: Words in s. 49(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 31(3)(a) (with s. 8(4)(5)); S.I. 2022/283, reg. 2

[^key-ad8372c0be09bd966dc84d57c89587ce]: Word in s. 16 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(2); S.I. 2022/283, reg. 2

[^key-ae62804d2856643a9315942989bcd4a3]: Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(4)(b), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2

[^key-af6c954d3e9ffafdefbac05e1b57bcc0]: Words in s. 25(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 4(3); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-b1384abacf5fadbce702af530340e676]: Words in s. 8(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 8(c) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-b1d0aee692876002353ab90b1ebb855c]: S. 22ZB inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 50, 151(1); S.I. 2013/773, art. 2

[^key-b2c3c67b57aed5fb246e10e444af5543]: Words in s. 9(1)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(3)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

[^key-b2f4d0c79c6fc851b076432d5ddfb7e6]: Words in s. 25E(9) repealed (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 6, Sch. 11 Pt. 4; S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-b30c81a64f768d343b7a2ec8f3e619e7]: Words in s. 26(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(b) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2

[^key-b31fddcafbb51bb9d8e21c6dcdf50cc0]: S. 24(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(4); S.I. 2022/283, reg. 2

[^key-b363fb392dfe0f9c4aef4849e040dd29]: Words in s. 7 substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 7(a) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-b45a0ba068fe7f5407641845692fd619]: Words in Sch. 1 para. 11(3A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 33(b) (with s. 8(6)); S.I. 2022/283, reg. 2

[^key-b55df17efb4d0bd4daea6319f9787727]: S. 10(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 10(b) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-b5fe23ba8c2b688baab5c33d5f58b9b1]: Words in s. 28(1A) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(a); S.I. 2022/283, reg. 2

[^key-b63f0c4b06ad52b81da51b9f674602ca]: Words in s. 9(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(b)(ii) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-b70006aaf25847244a2f26a6663611e8]: Words in s. 24B(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(2); S.I. 2022/283, reg. 2

[^key-b76128883c432d3f5f08e8deb7948a5d]: S. 11(c) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 27; S.I. 2014/93, art. 3(k)(ii)

[^key-b9c5b18ae018e9ca3bb60aeba6a9da50]: S. 24E(11) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 24(4); S.I. 2022/283, reg. 2

[^key-bdf462e3747f31b2c71b6c75bb2d8b26]: Words in s. 3(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 3(b) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-bee7b766bf1cc2baa51c84156f6ac291]: S. 36(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 63(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-bf5ad6f2a8ae63db9008b436edbee5cd]: Words in s. 31(4B) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(6); S.I. 2022/283, reg. 2

[^key-c04af365c2f0aa2f9c8570394033e966]: S. 17(1)-(1B) substituted for s. 17(1) (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(2), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2

[^key-c46fcb589f44abc516b74ea43855c2ec]: Words in s. 24(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 21(2); S.I. 2022/283, reg. 2

[^key-c5163b6efb26d3172c84cf0baab06e8a]: Words in s. 52(1) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c5684f10286a2f38f3954585dc7c3255]: Words in s. 24A(1) inserted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 51, 151(1); S.I. 2013/773, art. 2

[^key-c64afb13e88678b6519462a3817f0b31]: S. 28(4) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(6); S.I. 2022/283, reg. 2

[^key-c9551c7f516f96a616172ae75678b644]: Words in s. 6(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 6(a) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-ca182148c8f88e6ac7ba1ecb0eb290ad]: Words in s. 38(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-ca65c4870150e5aa083ac471991cb4c8]: Words in s. 31(2)(dd) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(2)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-cb15c34f3ee6e2a032d4654ceb575944]: S. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 1 (with s. 12(4)); S.I. 2014/2039, art. 2

[^key-cc3c4e12037a4ec7f9aaf2509407e9ec]: Words in s. 22(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 19(b) (with s. 8(4)(5)(6)); S.I. 2022/283, reg. 2

[^key-cf14428ca66612d0a8469347f9cc41de]: Word in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-d01348ea6000262bb6c155e12ef9a331]: Words in s. 9(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(c) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-d4af8efd956cffe56b58ab61c6770f9a]: Words in s. 31(5) inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 8(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-d559d374f56741db4dbcbf8e1f1c24af]: Ss. 21B, 21C inserted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 2; S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-d5725641b2c5c90277a4b8e2468574a1]: Words in s. 35(4)(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-d6a4d6e22f4d59a1d39da0585cc7f388]: S. 17(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 2(3), 8(1)(8) (with s. 8(5)); S.I. 2022/283, reg. 2

[^key-d8276032a47292c6e2699514136b1168]: Words in s. 25A(1) substituted (6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 5; S.I. 2011/664, art. 2(3), Sch. Pt. 2

[^key-db999d56a33d8c06893db2ab16b91ad6]: S. 1 substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 1, 8(3)(a) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-dd6645bbee1713d6de538f5da03d5b2f]: Words in s. 31(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 29(4); S.I. 2022/283, reg. 2

[^key-dee8aa73a427a7de10920f6098ab04c6]: Words in s. 26(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 26(c) (with s. 8(4)-(6)); S.I. 2022/283, reg. 2

[^key-df8c1b24301d493eca00372ec04b1e56]: Words in s. 10A(5) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 11(d) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-e3b9c8d270989e663e3bb16fbbf8896e]: Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(8)(b), 139(4)

[^key-e475a892a4dc6277802c6437e5aba5dd]: Words 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. 2014/3168), art. 1(2)(3), Sch. para. 6(3)

[^key-e52a5e96fb987a7f9a69b5eebe28a3f2]: S. 12 renumbered as s. 12(1) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 4(2); S.I. 2014/93, art. 3(j)(i)

[^key-eb8322bb7ccf029de0e96c830cdae546]: Words in s. 9(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 9(e)(i) (with s. 8(4)); S.I. 2022/283, reg. 2

[^key-ee7f8c07c03bb5dad8c79334a5c6d71e]: Words in s. 38(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 64(5)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-f1745ed15ec5e5e6a595136f9cdca5d3]: S. 33(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-f17621bd9ba232b724acd5bb0e935ba5]: Words in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(7)(b)(ii), 139(4) (with s. 18(6))

[^key-f3d69ca0a96d44140f46ef91d151b8f6]: S. 24B(6) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 23(4); S.I. 2022/283, reg. 2

[^key-f60c2b968ef6182fa301841729691c1e]: Words in s. 16(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 15(4)(a); S.I. 2022/283, reg. 2

[^key-f68d48b0306e9673cd036509bcef135d]: S. 35(1A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 6(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f92ea64420aed5e9adc40a88c2bca66c]: Words in s. 28(1A) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 27(3)(b); S.I. 2022/283, reg. 2

[^key-f948d4e520e69765dd4e9559f15f3435]: Words in s. 33(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 61(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-f997070f90df26ab094009b886d66196]: S. 18(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 16(a) (with s. 8(5)); S.I. 2022/283, reg. 2

[^key-fb352acfdc98b8247e5da3aecbd6e924]: Words in s. 25A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 25(4); S.I. 2022/283, reg. 2

[^key-fc1254f24387c4d60f76d0c737b39717]: S. 35(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 62(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-fe7fd9c8ca08867a1203be3d6887302a]: Words in s. 24A(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 22(2); S.I. 2022/283, reg. 2

[^M_F_aab78025-3913-409c-9080-eb35e54ba8b5]: S. 25D(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 3(2); S.I. 2000/1116, art. 2

Payment of certain arrears unenforceable without the leave of the court.

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

Payments, etc., under order made in favour of person suffering from mental disorder.

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

Pension sharing orders: apportionment of charges.

Restrictions on decrees for dissolution, annulment or separation affecting children.

Restrictions on decrees for dissolution, annulment or separation affecting children.

Transitional provisions and savings.

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

Citation, commencement and extent.

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

24E

• (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 a pension compensation sharing order in relation to the marriage.

• (2) A pension compensation 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 compensation sharing order under this section may not be made in relation to rights to PPF compensation that—

• (a) are the subject of pension attachment,

• (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

• (d) are or have been the subject of pension compensation sharing between the parties to the marriage.

• (4) For the purposes of subsection (3)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.

• (5) The first condition is that—

• (a) the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(4), and

• (b) that order, as modified under section 25E(3), remains in force.

• (6) The second condition is that—

• (a) the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(7), and

• (b) that order—

• (i) has been complied with, or

• (ii) has not been complied with and, as modified under section 25E(5), remains in force.

• (7) The third condition is that—

• (a) the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25C, and

• (b) that order remains in force.

• (8) For the purposes of subsection (3)(b), rights under a pension scheme “were the subject of pension sharing between the parties to the marriage” if the rights were at any time the subject of a pension sharing order in relation to the marriage or a previous marriage between the same parties.

• (9) For the purposes of subsection (3)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of section 25F relating to them.

• (10) For the purposes of subsection (3)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the parties to the marriage” if they are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.

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

24F

• (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.

• (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.

24G

The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.

Attachment of pension compensation

25F

• (1) This section applies where, having regard to any PPF compensation to which a party to the marriage is or is likely to be entitled, the court determines to make an order under section 23.

• (2) To the extent to which the order is made having regard to such compensation, the order may require the Board of the Pension Protection Fund, if at any time any payment in respect of PPF compensation becomes due to the party with compensation rights, to make a payment for the benefit of the other party.

• (3) The order must express the amount of any payment required to be made by virtue of subsection (2) as a percentage of the payment which becomes due to the party with compensation rights.

• (4) Any such payment by the Board of the Pension Protection Fund—

• (a) shall discharge so much of its liability to the party with compensation 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 compensation rights in or towards the discharge of that party's liability under the order.

• (5) Where the party with compensation rights has a right to commute any PPF compensation, the order may require that party to exercise it to any extent; and this section applies to any payment due in consequence of commutation in pursuance of the order as it applies to other payments in respect of PPF compensation.

• (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.

• (7) The power conferred by subsection (2) or (5) may not be exercised in relation to rights to PPF compensation that—

• (a) derive from rights under a pension scheme that were at any time the subject of a pension sharing order in relation to the marriage, or a previous marriage between the same parties, or

• (b) are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.

Pension compensation: supplementary

25G

• (1) The Lord Chancellor may by regulations—

• (a) make provision, in relation to any provision of section 25F which authorises the court making an order under section 23 to require the Board of the Pension Protection Fund to make a payment for the benefit of the other party, as to the person to whom, and the terms on which, the payment is to be made;

• (b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of section 25F in an order under section 23, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;

• (c) require notices to be given in respect of changes of circumstances relevant to orders under section 23 which include provision made by virtue of section 25F;

• (d) make provision for the Board of the Pension Protection Fund to be discharged in prescribed circumstances from a requirement imposed by virtue of section 25F;

• (e) make provision about calculation and verification in relation to the valuation of PPF compensation for the purposes of the court's functions in connection with the exercise of any of its powers under this Part.

• (2) Regulations under subsection (1)(e) may include—

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

• (b) provision by reference to regulations under section 112 of the Pensions Act 2008.

• (3) Regulations under subsection (1) may make different provision for different cases.

• (4) The power to make regulations under subsection (1) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In this section and section 25F—

• “ the party with compensation rights ” means the party to the marriage who is or is likely to be entitled to PPF compensation, and “ the other party ” means the other party to the marriage;

• “ prescribed ” means prescribed by regulations.

Direction for settlement of instrument for securing payments or effecting property adjustment.

Payment of certain arrears unenforceable without the leave of the court.

Pension compensation sharing orders: duty to stay

Restrictions on decrees for dissolution, annulment or separation affecting children.

Transitional provisions and savings.

Citation, commencement and extent.

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

21B

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

• (a) provides that one party's shareable rights to PPF compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other party, and

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

• (2) In subsection (1)—

• (a) the reference to shareable rights to PPF compensation is to rights in relation to which pension compensation sharing is available under Chapter 1 of Part 3 of the Pensions Act 2008 or under corresponding Northern Ireland legislation;

• (b) “ party ” means a party to a marriage;

• (c) “ specified ” means specified in the order.

Maintenance pending suit.

21C

In this Part—

• “PPF compensation” means compensation payable under the pension compensation provisions;

• “the pension compensation provisions” means—Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) and any regulations or order made under it,Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation on divorce etc) and any regulations or order made under it, andany provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland.

Pension sharing orders in connection with divorce proceedings etc.

Pension sharing orders: duty to stay.

Pension sharing orders: apportionment of charges.

Pension compensation sharing orders in connection with divorce proceedings

Pension compensation sharing orders: apportionment of charges

Exercise of court’s powers in favour of party to marriage on divorce or nullity of marriage order.

Pensions: lump sums.

Attachment of pension compensation

Pension compensation: supplementary

Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family.

Direction for settlement of instrument for securing payments or effecting property adjustment.

Payment of certain arrears unenforceable without the leave of the court.

Payments, etc., under order made in favour of person suffering from mental disorder.

Appeals relating to pension compensation sharing orders which have taken effect

40B

• (1) This section applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.

• (2) If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—

• (a) may not set aside or vary the order;

• (b) may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

• (3) In determining for the purposes of subsection (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.

• (4) Section 24F (duty to stay) only applies to a pension compensation sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.

Transitional provisions and savings.

Citation, commencement and extent.

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

Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.

Payment of certain arrears unenforceable without the leave of the court.

Payments, etc., under order made in favour of person suffering from mental disorder.

Restrictions on decrees for dissolution, annulment or separation affecting children.

Transitional provisions and savings.

Citation, commencement and extent.

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

22ZA

• (1) In proceedings for divorce, nullity of marriage or judicial separation, the court may make an order or orders requiring one party to the marriage to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings.

• (2) The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation.

• (3) The court must not make an order under this section unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings.

• (4) For the purposes of subsection (3), the court must be satisfied, in particular, that—

• (a) the applicant is not reasonably able to secure a loan to pay for the services, and

• (b) the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings.

• (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.

• (6) An order under this section may—

• (a) provide for the payment of all or part of the amount by instalments of specified amounts, and

• (b) require the instalments to be secured to the satisfaction of the court.

• (7) An order under this section may direct that payment of all or part of the amount is to be deferred.

• (8) The court may at any time in the proceedings vary an order made under this section if it considers that there has been a material change of circumstances since the order was made.

• (9) For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings.

• (10) In this section “legal services”, in relation to proceedings, means the following types of services—

• (a) providing advice as to how the law applies in the particular circumstances,

• (b) providing advice and assistance in relation to the proceedings,

• (c) providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and

• (d) 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,

and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation.

• (11) In subsections (5) and (6) “specified” means specified in the order concerned.

22ZB

• (1) When considering whether to make or vary an order under section 22ZA, the court must have regard to—

• (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,

• (b) 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,

• (c) the subject matter of the proceedings, including the matters in issue in them,

• (d) whether the paying party is legally represented in the proceedings,

• (e) any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise,

• (f) the applicant's conduct in relation to the proceedings,

• (g) any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and

• (h) the effect of the order or variation on the paying party.

• (2) In subsection (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire.

• (3) For the purposes of subsection (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to—

• (a) cause undue hardship to the paying party, or

• (b) prevent the paying party from obtaining legal services for the purposes of the proceedings.

• (4) The Lord Chancellor may by order amend this section by adding to, omitting or varying the matters mentioned in subsections (1) to (3).

• (5) An order under subsection (4) must be made by statutory instrument.

• (6) A statutory instrument containing an order under subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) In this section “legal services” has the same meaning as in section 22ZA.

Exercise of court’s powers in favour of party to marriage on decree of divorce or nullity of marriage.

Pensions.

Pensions: lump sums.

Pensions: supplementary.

Attachment of pension compensation

Pension compensation: supplementary

Commencement of proceedings for ancillary relief, etc.

Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.

Direction for settlement of instrument for securing payments or effecting property adjustment.

Payment of certain arrears unenforceable without the leave of the court.

Alteration of agreements by court after death of one party.

Payments, etc., under order made in favour of person suffering from mental disorder.

Restrictions on decrees for dissolution, annulment or separation affecting children.

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

Transitional provisions and savings.

Citation, commencement and extent.

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

12A

• (1) This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013 Act and regulations made under that section.

• (2) A marriage which results from the purported conversion of a void civil partnership is void.

• (3) A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act.

• (4) In this section, the “2013 Act” means the Marriage (Same Sex Couples) Act 2013.

Pension sharing orders in connection with divorce proceedings etc.

Pension sharing orders: duty to stay.

Pension sharing orders: apportionment of charges.

Pension compensation sharing orders in connection with divorce proceedings

Exercise of court’s powers in favour of party to marriage on decree of divorce or nullity of marriage.

Pensions.

Attachment of pension compensation

Pension compensation: supplementary

Commencement of proceedings for ancillary relief, etc.

Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour.

Variation, discharge, etc., of certain orders for financial relief.

Orders for repayment in certain cases of sums paid under certain orders.

Payments, etc., under order made in favour of person suffering from mental disorder.

Appeals relating to pension sharing orders which have taken effect.

Restrictions on decrees for dissolution, annulment or separation affecting children.

Interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders

Consequential amendments and repeals.

Citation, commencement and extent.

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

Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.

Direction for settlement of instrument for securing payments or effecting property adjustment.

Payments, etc., under order made in favour of person suffering from mental disorder.

Restrictions on decrees for dissolution, annulment or separation affecting children.

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

Transitional provisions and savings.

Payment of certain arrears unenforceable without the leave of the court.

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

12B

• (1) An order that annuls a marriage which is void or voidable (a “nullity of marriage order”)—

• (a) is, in the first instance, a conditional order, and

• (b) may not be made final before the end of the period of 6 weeks from the making of the conditional order.

• (2) The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b).

• (3) But the Lord Chancellor may not under subsection (2) lengthen the period so that it exceeds 6 months.

• (4) 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).

• (5) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Pension compensation sharing orders

Pension compensation: interpretation

Pensions.

Attachment of pension compensation

Pension compensation: supplementary

Commencement of proceedings for ancillary relief, etc.

Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.

Direction for settlement of instrument for securing payments or effecting property adjustment.

Restrictions on decrees for dissolution, annulment or separation affecting children.

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

52A

• (1) In sections 21(2), 23(1) and (5), 24(1) and (3), 24A(3), 24B(1) and (2), 24E(1) and (2), 25A(1) and (3), 28(1) to (2) and 31—

• (a) a reference to a divorce order includes a decree of divorce,

• (b) a reference to a nullity of marriage order includes a decree of nullity of marriage;

• (c) a reference to a judicial separation order includes a decree of judicial separation;

• (d) a reference to making includes granting;

• (e) a reference to an order being made final includes a decree being made absolute.

Citation, commencement and extent.

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