The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Matrimonial Causes Act 1973. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)On an application made under this section, the court may at the appropriate time make one or more financial provision orders in favour of—
(a)a party to the marriage to which the application relates; or
(b)any of the children of the family.
(2)The “appropriate time” is any time—
(a)after a statement of marital breakdown has been received by the court and before any application for a divorce order or for a separation order is made to the court by reference to that statement;
(b)when an application for a divorce order or separation order has been made under section 3 of the 1996 Act and has not been withdrawn;
(c)when an application for a divorce order has been made under section 4 of the 1996 Act and has not been withdrawn;
(d)after a divorce order has been made;
(e)when a separation order is in force.
(3)The court may make—
(a)a combined order against the parties on one occasion,
(b)separate orders on different occasions,
(c)different orders in favour of different children,
(d)different orders from time to time in favour of the same child,
but may not make, in favour of the same party, more than one periodical payments order, or more than one order for payment of a lump sum, in relation to any marital proceedings, whether in the course of the proceedings or by reference to a divorce order or separation order made in the proceedings.
(4)If it would not otherwise be in a position to make a financial provision order in favour of a party or child of the family, the court may make an interim periodical payments order, an interim order for the payment of a lump sum or a series of such orders, in favour of that party or child.
(5)Any order for the payment of a lump sum made under this section may—
(a)provide for the payment of the lump sum by instalments of such amounts as may be specified in the order; and
(b)require the payment of the instalments to be secured to the satisfaction of the court.
(6)Nothing in subsection (5) above affects—
(a)the power of the court under this section to make an order for the payment of a lump sum; or
(b)the provisions of this Part of this Act as to the beginning of the term specified in any periodical payments order or secured periodical payments order.
(7)Subsection (8) below applies where the court—
(a)makes an order under this section (“the main order”) for the payment of a lump sum; and
(i)that payment of that sum, or any part of it, is to be deferred; or
(ii)that that sum, or any part of it, is to be paid by instalments.
(8)In such a case, the court may, on or at any time after making the main order, make an order (“the order for interest”) for the amount deferred, or the instalments, to carry interest (at such rate as may be specified in the order for interest)—
(a)from such date, not earlier than the date of the main order, as may be so specified;
(b)until the date when the payment is due.
(9)This section is to be read subject to any restrictions imposed by this Act and to section 19 of the 1996 Act.]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: