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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II TIME RESTRICTIONS ON PRESENTATION OF PETITIONS FOR DIVORCE OR NULLITY OF MARRIAGE

    1. 3.Bar on petitions for divorce within two years of marriage

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

  4. PART III FINANCIAL RELIEF IN MATRIMONIAL PROCEEDINGS

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

      1. 5.Interest on lump sums

      2. 6.Orders for financial relief after divorce, etc.

      3. 7.Orders for financial relief in case of neglect to maintain

      4. 8.Duration of orders for periodical payments and effect of remarriage

      5. 9.Variation and discharge of orders for periodical payments

      6. 10.Consent orders for financial provision or property adjustment

      7. 11.Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

    2. Provisions relating to powers of courts of summary jurisdiction

      1. 12.Orders for financial relief made by courts of summary jurisdiction in matrimonial proceedings

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

      3. 14.Variation of consent orders by courts of summary jurisdiction

      4. 15.Domestic proceedings in courts of summary jurisdiction to include applications to alter maintenance agreements

  5. PART IV FINANCIAL RELIEF IN NORTHERN IRELAND AFTER OVERSEAS DIVORCE ETC.

    1. Applications for financial relief

      1. 16.Applications for financial relief after overseas divorce etc.

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

      3. 18.Interim orders for maintenance

      4. 19.Jurisdiction of the court

      5. 20.Duty of the court to consider whether Northern Ireland is appropriate venue for application

    2. Orders for financial provision and property adjustment

      1. 21.Orders for financial provision and property adjustment

      2. 22.Matters to which the court is to have regard in exercising its powers under Article 21

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

      4. 24.Restriction of powers of court where jurisdiction depends on matrimonial home in Northern Ireland

      5. 25.Application to orders under Articles 18 and 21 of certain provisions of Part III of the principal Order

    3. Orders for transfer of tenancies

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

    4. Avoidance of transactions intended to prevent orreduce financial relief

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

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

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

      1. 29.Extension of powers under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 in respect of former spouses

    6. Interpretation

      1. 30.Interpretation of Part IV

  6. PART V DECLARATIONS OF STATUS

    1. 31.Declarations as to marital status

    2. 32.Declarations as to legitimacy or legitimation

    3. 33.Declarations as to adoptions effected overseas

    4. 34.General provisions as to the making and effect of declarations

    5. 35.Provisions relating to the Attorney-General

    6. 36.Supplementary provisions as to declarations

    7. 37.Declarations in respect of polygamous marriages

    8. 38.Repeal of certain statutory provisions relating to declarations

    9. 39.Abolition of right to petition for jactitation of marriage

    10. 40.Meaning of “the court” and appeals from county courts

  7. PART VI TRANSFER OF CERTAIN TENANCIES ON DIVORCE, ETC.

    1. 41.Transfer of certain tenancies on divorce, etc.

  8. PART VII SUPPLEMENTAL PROVISIONS

    1. 42.Amendments and repeals

    2. 43.Transitional provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      TRANSFER OF CERTAIN TENANCIES ON DIVORCE, ETC.

      1. PART I

        1. General

          1. 1.Where one spouse is entitled to occupy a dwelling-house by...

          2. 2.(1) Where— (a) one spouse is entitled to occupy a...

      2. PART II

        1. Protected or secure tenancy

          1. 3.(1) Where a spouse is entitled to occupy the dwelling-house...

        2. Statutory tenancy

          1. 4.(1) Where a spouse is entitled to occupy the dwelling-house...

      3. PART III

        1. Ancillary jurisdiction

          1. 5.(1) Where the court makes an order under Part II,...

        2. Date when order is to take effect

          1. 6.In the case of a decree or divorce or nullity...

        3. Remarriage of either spouse

          1. 7.If after the grant of a decree dissolving or annulling...

        4. Rules of court

          1. 8.(1) Rules of court shall be made requiring the court...

        5. Savings for Articles 3 and 4 of Family Law (Miscellaneous Provisions)(Northern Ireland) Order 1984

          1. 9.Where a spouse is entitled to occupy a dwelling-house by...

        6. Appeals from divorce county courts

          1. 10.Without prejudice to Article 61 of the County Courts (Northern...

        7. Interpretation

          1. 11.(1) In this Schedule the following words and expressions have...

    2. SCHEDULE 2

      AMENDMENTS

      1. The Maintenance Orders Act 1950 (c. 37)

        1. 1.In section 18(2A) after the word “England” there shall be...

      2. The Matrimonial Causes (Reports) Act(Northern Ireland) 1966 (c. 29 (N.I.))

        1. 2.In section 1 after subsection (1) there shall be inserted...

      3. The Maintenance and Affiliation Orders Act(Northern Ireland) 1966 (c. 35 (N.I.))

        1. 3.In section 9 in paragraph (a) after the words “High...

        2. 4.In section 10— (a) in subsection (1) after the words...

        3. 5.In section 11(1) after the words “High Court” there shall...

        4. 6.In section 12 after subsection (3) there shall be inserted...

        5. 7.In section 13 after subsection (7A) there shall be inserted...

        6. 8.In section 15(6) after the words “High Court” in both...

        7. 9.In section 16— (a) in subsection (2) for the words...

        8. 10.The Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

      4. The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

        1. 11.In section 29A(3)(c) for the words “Article 5(1)(c)” there shall...

      5. The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

        1. 12.In Article 3(5) for the words “Articles 4(2), 5(3) and...

        2. 13.In Article 29(4) for the words “Article 27(1)(c)” there shall...

        3. 14.In Article 37— (a) in paragraph (2) for the words...

        4. 15.In Article 50(2) after sub-paragraph (d) there shall be inserted...

        5. 16.In Article 54— (a) in paragraph (1) for sub-paragraph (aa)...

      6. The Rent (Northern Ireland) Order 1978 (NI 20)

        1. 17.(1) In Schedule 2 at the end there shall be...

      7. The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

        1. 18.In Article 2(2) the definition of “the respondent” shall be...

        2. 19.In Article 3 the words “(“the respondent” )” shall be...

        3. 20.In Article 9(5) for the words “Article 5(1)(c)” there shall...

        4. 21.In Article 13— (a) in paragraph (2) after the words...

        5. 22.In Article 20 after paragraph (3) there shall be inserted...

        6. 23.In Article 22(8) after the word “respondent” there shall be...

        7. 24.In Article 31 at the end of paragraph (3) there...

        8. 25.In Schedule 2 in paragraph 2, after sub-paragraph (b), there...

    3. SCHEDULE 3

      REPEALS

  11. Explanatory Note

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