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Matrimonial Causes Act 1973

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This is the original version (as it was originally enacted).

52Interpretation

(1)In this Act—

  • " adopted " means adopted in pursuance of—

    (a)

    an adoption order made under the Adoption Act 1958, any previous enactment relating to the adoption of children, the Adoption Act 1968 or any corresponding enactment of the Parliament of Northern Ireland; or

    (b)

    an adoption order made in the Isle of Man or any of the Channel Islands; or

    (c)

    subject to sections 5 and 6 of the Adoption Act 1968, an overseas adoption within the meaning of section 4 of that Act;

  • " child ", in relation to one or both of the parties to a marriage, includes an illegitimate or adopted child of that party or, as the case may be, of both parties;

  • " child of the family", in relation to the parties to a marriage, means—

    (a)

    a child of both of those parties; and

    (b)

    any other child, not being a child who has been boarded-out with those parties by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

  • " the court" (except where the context otherwise requires) means the High Court or, where a county court has jurisdiction by virtue of the Matrimonial Causes Act 1967, a county court;

  • " custody ", in relation to a child, includes access to the child;

  • " education " includes training.

(2)In this Act—

(a)references to financial provision orders, periodical payments and secured periodical payments orders and orders for the payment of a lump sum, and references to property adjustment orders, shall be construed in accordance with section 21 above; and

(b)references to orders for maintenance pending suit and to interim orders for maintenance shall be construed respectively in accordance with section 22 and section 27(5) above.

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

(4)Except where the contrary intention is indicated, references in this Act to any enactment include references to that enactment as amended, extended or applied by or under any subsequent enactment, including this Act.

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