Maintenance Orders (Reciprocal Enforcement) Act 1972

28 Complaint by spouse in convention country for recovery in England and Wales of maintenance from other spouse

(1) Where the complaint is a complaint under section 1 of the [1960 c. 48.] Matrimonial Proceedings (Magistrates' Courts) Act 1960, the provisions of this section shall have effect.

(2) Where the complainant is the wife of the defendant, the only provisions which the court hearing the complaint may include in an order under section 2(1) of the said Act of 1960, or in an interim order under section 6 thereof, are either or both of the following provisions, namely—

(a) a provision such as is mentioned in paragraph (b) of the said section 2(1); and

(b) a provision for the making by the defendant for the maintenance of any child of the family of weekly payments, being—

(i) if and for so long as the child is under the age of sixteen years, payments to the complainant;

(ii) if it appears to the court that the child is, or will be, or if such payments were made would be, a dependant though over the age of sixteen years, and that it is expedient that such payments should be made in respect of that child while such a dependant, payments to such person (who may be the child or the complainant) as may be specified in the order, for such period during which the child is over that age but under the age of twenty-one years as may be so specified.

(3) Where the complainant is the husband of the defendant, the only provisions which the court hearing the complaint may include in an order under the said section 2(1), or in an interim order under the said section 6, are either or both of the following provisions, namely—

(a) where, by reason of the impairment of the husband's earning capacity through age, illness or disability of mind or body, it appears to the court reasonable in all the circumstances so to do, a provision such as is mentioned in paragraph (c) of the said section 2(1); and

(b) a provision such as is mentioned in subsection (2)(b) above.

(4) Where the court has begun to hear the complaint, being a complaint for maintenance for the complainant and for a child of the family, then, whether or not the court makes an order containing a provision such as is mentioned in paragraph (b) or (c) of the said section 2(1), it may, subject to section 2(5) of the said Act of 1960 (order for payments by a party in respect of child who is not a child of that party), make a matrimonial order containing a provision such as is mentioned in subsection (2)(b) above; and the court shall not dismiss or make its final order on the complaint until it has decided whether or not, and if so how, the power conferred on it by this subsection should be exercised.

(5) For the avoidance of doubt it is hereby declared that the power of a magistrates' court under section 53 of the [1952 c. 55.] Magistrates' Courts Act 1952 to vary an order for the periodical payment of money includes power to vary an order made under the said Act of 1960 on the complaint by adding to that order any provision authorised by this section to be included in such an order.

(6) Subject to subsections (2) and (3) above, the said Act of 1960 shall, in its application to the complaint and to a matrimonial order or interim order made on the complaint, have effect subject to the following modifications, that is to say—

(a) in sections 2(5), 6(2)(a), 7(3) and 8(2), for references to section 2(1)(h) of that Act there shall be substituted references to subsection (2)(b) above ;

(b) in sections 6(3) and (4), 7(2) and 11(2), and in the definitions of those orders in section 16, references to section 8 of that Act shall be construed as including references to section 53 of the Magistrates' Courts Act 1952;

(c) in section 13(4), the reference to that Act shall be construed as including a reference to this Part of this Act; and

(d) sections 3, 4, 5, 8(1), 9, 10 and 13(2) shall be omitted.