Law Reform (Miscellaneous Provisions) Act 1970

Maintenance for survivor of void marriage

6 Orders for maintenance of surviving party to void marriage from estate of other party

(1) Where a person domiciled in England and Wales dies after the commencement of this Act and is survived by someone (hereafter referred to as " the survivor ") who, whether before or after the commencement of this Act, had in good faith entered into a void marriage with the deceased, then subject to subsections (2) and (3) below the survivor shall be treated for purposes of the [1938 c. 45.] Inheritance (Family Provision) Act 1938 as a dependant of the deceased within the meaning of that Act.

(2) An order shall not be made under the Inheritance (Family Provision) Act 1938 in favour of the survivor unless the court is satisfied that it would have been reasonable for the deceased to make provision for the survivor's maintenance; and if an order is so made requiring provision for the survivor's maintenance by way of periodical payments, the order shall provide for their termination not later than the survivor's death and, if the survivor remarries, not later than the remarriage.

(3) This section shall not apply if the marriage of the deceased and the survivor was dissolved or annulled during the deceased's lifetime and the dissolution or annulment is recognised by the law of England and Wales, or if the survivor has before the making of the order entered into a later marriage.

(4) It is hereby declared that the reference in subsection (2) above to remarriage and the reference in subsection (3) above to a later marriage include references to a marriage which is by law void or voidable.

(5) In section 26 of the [1965 c. 72.] Matrimonial Causes Act 1965 (orders for maintenance from deceased's estate following dissolution or annulment of a marriage), in the definition of " net estate " and " dependant" in subsection (6) (as amended by subsequent enactments) for the words " and the [1969 c. 46.] Family Law Reform Act 1969 " there shall be substituted the words " the Family Law Reform Act 1969 and the Law Reform (Miscellaneous Provisions) Act 1970 ".