Revised Statute from The UK Statute Law Database

Matrimonial and Family Proceedings Act 1984 (c. 42)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006 and 2007. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Matrimonial and Family Proceedings Act 1984

1984 CHAPTER 42

Contents

Go to Preamble

  1. Part I

    Time Restrictions on Presentation of Petitions for Divorce or Nullity of Marriage

    1. 1. Bar on petitions for divorce within one year of marriage

    2. 2. Extension of period for proceedings for decree of nullity in respect of voidable marriage

  2. Part II

    Financial Relief in Matrimonial Proceedings

    1. Provisions relating to powers of the High Court and county courts

      1. 3. Orders for financial relief after divorce etc

      2. 4. Orders for financial relief in case of neglect to maintain

      3. 5. Duration of orders for periodical payments and effect of remarriage

      4. 6. Variation and discharge of orders for periodical payments

      5. 7. Consent orders for financial provision or property adjustment

      6. 8. Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975

    2. Provisions relating to the powers of magistrates’ courts

      1. 9. Orders for financial relief made by magistrates’ courts in matrimonial proceedings

      2. 10. Orders for payments which have been agreed by the parties

      3. 11. Variation of consent orders by magistrates’ courts

  3. Part III

    Financial Relief in England and Wales After Overseas Divorce etc

    1. Applications for financial relief

      1. 12. Applica tions for financial relief after overseas divorce etc

      2. 13. Leave of the court required for applications for financial relief

      3. 14. Interim orders for maintenance

      4. 15. Jurisdiction of the court

      5. 16. Duty of the court to consider whether England and Wales is appropriate venue for application

    2. Orders for financial provision and property adjustment

      1. 17. Orders for financial provision and property adjustment

      2. 18. Matters to which the court is to have regard in exercising its powers under s. 17

      3. 19. Consent orders for financial provision or property adjustment

      4. 20. Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales

      5. 21. Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973

    3. Orders for transfer of tenancies

      1. 22. Powers of court in relation to certain tenancies of dwelling-houses

    4. Avoidance of transactions intended to prevent or reduce financial relief

      1. 23. Avoidance of transactions intended to defeat applications for financial relief

      2. 24. Prevention of transactions intended to defeat prospective applications for financial relief

    5. Financial provision out of estate of deceased party to marriage

      1. 25. Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses

    6. Recovery of maintenance in magistrates’ courts after overseas divorce etc

      1. 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. Interpretation

      1. 27. Interpretation of Part III

  4. Part IV

    Financial Provision in Scotland After Overseas Divorce Etc

    1. 28. Circumstances in which a Scottish court may entertain application for financial provision

    2. 29. Disposal of application in Scotland

    3. 29A. Application of Part IV to annulled marriages

    4. 30. Interpretation of Part IV

    5. 31. Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972

  5. Part V

    Family Business: Distribution and Transfer

    1. Preliminary

      1. 32. What is family business

    2. Jurisdiction of county courts in matrimonial causes and matters

      1. 33. Jurisdiction of county courts in matrimonial causes

      2. 34. Jurisdiction of divorce county courts as respects financial relief and protection of children

      3. 35. Consideration of agreements or arrangements

      4. 36. Assignment of Circuit judges to matrimonial proceedings

    3. Distribution and transfer of family business and proceedings

      1. 37. Directions as to distribution and transfer of family business and proceedings

      2. 38. Transfer of family proceedings from High Court to county court

      3. 39. Transfer of family proceedings to High Court from county court

    4. Rules of court and fees

      1. 40. Family proceedings rules

      2. 41. Fees in family proceedings

    5. County court proceedings in principal registry

      1. 42. County court proceedings in principal registry of Family Division

    6. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882

      1. 43. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882

    7. Magistrates’ courts’ domestic jurisdiction

      1. 44.Family proceedingsin magistrates’ courts to include applications to alter maintenance agreements

  6. Part VI

    Miscellaneous and General

    1. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 46. Amendments, transitional provisions and repeals

    3. 47. Commencement

    4. 48. Short title and extent

  7. SCHEDULE 1

    Minor and Consequential Amendments

  8. SCHEDULE 2

    Transitional Provisions

  9. SCHEDULE 3

    Repeals

An Act to amend the Matrimonial Causes Act 1973 so far as it restricts the time within which proceedings for divorce or nullity of marriage can be instituted; to amend that Act, the Domestic Proceedings and Magistrates’ Courts Act 1978 and the Magistrates’ Courts Act 1980 so far as they relate to the exercise of the jurisdiction of courts in England and Wales to make provision for financial relief or to exercise related powers in matrimonial and certain other family proceedings; to make provision for financial relief to be available where a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, in a country overseas; to make related amendments in the Maintenance Orders (Reciprocal Enforcement) Act 1972 and the Inheritance (Provision for Family and Dependents) Act 1975; to make provision for the distribution and transfer between the High Court and county courts of, and the exercise in those courts of jurisdiction in, family business and family proceedings and to repeal and re-enact with amendments certain provisions conferring on designated county courts jurisdiction in matrimonial proceedings; to impose a duty to notify changes of address on persons liable to make payments under maintenance orders enforceable under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958; and for connected purposes.

[12th July 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Extent Information

E1For extent of Act see s. 48(2)(3)