Part II Financial Relief for Parties to Marriage and Children of Family
Additional provisions with respect to financial provision and property adjustment orders
28 Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage F1or formation of civil partnership.
C11
F2Subject in the case of an order made on or after the F12making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits, that is to say—
a
in the case of a periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the F10making of a divorce or nullity of marriage order, the remarriage of F3, or formation of a civil partnership by, the party in whose favour the F11periodical payments order is made; and
b
in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the F13making of a divorce or nullity of marriage order, the remarriage of F3, or formation of a civil partnership by, the party in whose favour the F14secured periodical payments order is made.
F41A
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the F19making of a divorce or nullity of marriage order, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the F20periodical payments or secured periodical payments order
C22
Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the F15making of a divorce or nullity of marriage order, and the marriage in question is subsequently dissolved or annulled but the F16periodical payments or secured periodical payments order continues in force, that order shall, notwithstanding anything in it, cease to have effect on the remarriage of F5, or formation of a civil partnership by, that party, except in relation to any arrears due under it on the date of the remarriage F6or formation of the civil partnership.
3
If after the F17grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries F7whether at any time before or after the commencement of this ActF8or forms a civil partnership, that party shall not be entitled to apply, by reference to the F18grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.
F94
See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).