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Matrimonial Proceedings and Property Act 1970

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Amendments of the Matrimonial Causes Act 1965

35Amendment of reference to child in 1965 c. 72, s. 2

In section 2(2) of the Matrimonial Causes Act 1965 (which provides that in determining an application to allow the presentation of a petition for divorce within three years from the date of the marriage the judge shall have regard to the interests of any relevant child) for the words " relevant child " there shall be substituted the words

child of the family within the meaning of Part I of the Matrimonial Proceedings and Property Act 1970.

36Construction of references to remarriage in 1965 c. 72, s. 26

Section 26 of the Matrimonial Causes Act 1965 (which authorises the making of orders for maintenance out of a deceased's estate for a former spouse who has not remarried and provides that maintenance by way of periodical payments out of the estate shall terminate not later than his or her death or remarriage) shall have effect, and be deemed always to have had effect, as if after subsection (5) there were inserted the following subsection:—

(5A)For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable.

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