The Welfare Reform and Pensions (Northern Ireland) Order 1999

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

1.  The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is amended as follows.

2.  For Article 21 there is substituted—

“21.   Subject to Article 24, on an application by a party to a marriage for an order for financial relief under this Article, the court may—

(a) make any one or more of the orders which it could make under Part III of the principal Order if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in Northern Ireland, that is to say—

(i) any order mentioned in Article 25(1) of the principal Order (financial provision orders);

(ii) any order mentioned in Article 26(1) of that Order (property adjustment orders); and

(b) if the marriage has been dissolved or annulled, make one or more orders each of which would, within the meaning of that Part, be a pension sharing order in relation to the marriage.”.

3.  In Article 25—

(a) after paragraph (b) there is inserted—

“(ba) Article 26A(3) to (5) (provisions about pension sharing orders in relation to divorce and nullity);

(bb) Article 26B (duty to stay pension sharing orders);

(bc) Article 26C (apportionment of pension sharing charges);”; and

(b) at the end there is added—

“(l) Article 42A (appeals relating to pension sharing orders which have taken effect).”.