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Matrimonial and Family Proceedings Act 1984

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Matrimonial and Family Proceedings Act 1984 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • s. 1 repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 15 words omitted by S.I. 2019/519 Sch. para. 13(2)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(1) words substituted by S.I. 2019/519, Sch. para. 13(2)(a) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 15(1A) omitted by S.I. 2019/519 Sch. para. 13(2)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(1A) words substituted by S.I. 2019/519, Sch. para. 13(2)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 15(3) omitted by S.I. 2019/519 Sch. para. 13(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(3) words substituted by S.I. 2019/519, Sch. para. 13(2)(c) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 17(1) amended (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(2)
  • s. 21(a) replaced (by s.21(a)(aa)) (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(3)
  • s. 21(f) repealed in part (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 22 substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 3 para. 52
  • s. 0027 (defn. of "secured periodical payments order") repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 27 (defn. of "property adjustment order") substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(4)
  • s. 28(1) words omitted by S.I. 2019/519 Sch. para. 13(4)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(1) words substituted by S.I. 2019/519, Sch. para. 13(4)(a) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 28(3A) omitted by S.I. 2019/519 Sch. para. 13(4)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(5) omitted by S.I. 2019/519 Sch. para. 13(4)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(5) substituted by S.I. 2019/519, Sch. para. 13(4)(c) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 31R(5) words substituted by 2022 c. 32 Sch. 11 para. 8
  • s. 32 (defn. of "matrimonial cause") substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(5)
  • s. 38 39 power to excluded (prosp.) by 1996 c. 27 s. 57(7)
  • s. 40(2)(a) word repealed by 2002 c. 38 Sch. 3 para. 44 Sch. 5 (This amendment not applied to legislation.gov.uk. Sch. 3 para. 44 repealed (6.4.2011) without ever having been brought into force by 2003 c. 39 Sch. 10; S.I. 2010/2921, art. 3)
  • s. 40(2)(a) words inserted by 2002 c. 38 Sch. 3 para. 44 (This amendment not applied to legislation.gov.uk. Sch. 3 para. 44 repealed (6.4.2011) without ever having been brought into force by 2003 c. 39 Sch. 10; S.I. 2010/2921, art. 3)
  • Sch. 1 para. 10 repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 28(1A) words substituted by S.I. 2019/519, Sch. para. 13(4)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 40(4A) inserted by 2010 c. 26 Sch. 3 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

Information:

You searched for provisions that are applicable to Northern Ireland. The matching provisions are highlighted below. Where no highlighting is shown the matching result may be contained within a footnote.

  1. Introductory TextNext Match

  2. Part I Time Restrictions on Presentation of Petitions for Divorce or Nullity of Marriage

    1. 1. Bar on petitions for divorce within one year of marriage.

    2. 2. Extension of period for proceedings for decree of nullity in respect of voidable marriage.

  3. Part II Financial Relief in Matrimonial Proceedings

    1. Provisions relating to powers of the High Court and county courts

      1. 3. Orders for financial relief after divorce etc.

      2. 4. Orders for financial relief in case of neglect to maintain.

      3. 5. Duration of orders for periodical payments and effect of remarriage.

      4. 6. Variation and discharge of orders for periodical payments.

      5. 7. Consent orders for financial provision or property adjustment.

      6. 8. Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975.

    2. Provisions relating to the powers of magistrates’ courts

      1. 9. Orders for financial relief made by magistrates’ courts in matrimonial proceedings.

      2. 10. Orders for payments which have been agreed by the parties.

      3. 11. Variation of consent orders by magistrates’ courts.

  4. Part III Financial Relief in England and Wales After Overseas Divorce etc.

    1. Applications for financial relief

      1. 12. Applica tions for financial relief after overseas divorce etc.

      2. 13. Leave of the court required for applications for financial relief.

      3. 14. Interim orders for maintenance.

      4. 15. Jurisdiction of the court.

      5. 16. Duty of the court to consider whether England and Wales is appropriate venue for application.

    2. Orders for financial provision and property adjustment

      1. 17. Orders for financial provision and property adjustment.

      2. 18. Matters to which the court is to have regard in exercising its powers under s. 17.

      3. 19. Consent orders for financial provision or property adjustment.

      4. 20. Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.

      5. 21. Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973.

    3. Orders for transfer of tenancies

      1. 22. Powers of court in relation to certain tenancies of dwelling-houses.

    4. Avoidance of transactions intended to prevent or reduce financial relief

      1. 23. Avoidance of transactions intended to defeat applications for financial relief.

      2. 24. Prevention of transactions intended to defeat prospective applications for financial relief.

    5. Financial provision out of estate of deceased party to marriage

      1. 25. Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses.

    6. Recovery of maintenance in magistrates’ courts after overseas divorce etc.

      1. 26. Financial Relief in England and Wales After Overseas Divorce

    7. Interpretation

      1. 27. Interpretation of Part III.

  5. Part IV Financial Provision in Scotland After Overseas Divorce Etc.

    1. 28. Circumstances in which a Scottish court may entertain application for financial provision.

    2. 29. Disposal of application in Scotland.

    3. 29A. Application of Part IV to annulled marriages.

    4. 30. Interpretation of Part IV.

    5. 31. Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.

  6. Part 4A The Family Court

    1. 31A.Establishment of the family court

    2. 31B.Sittings

    3. 31C.Judges

    4. 31D.Composition of the court and distribution of its business

    5. 31E.Family court has High Court and county court powers

    6. 31F.Proceedings and decisions

    7. 31G.Witnesses and evidence

    8. 31H.Contempt of court: power to limit court's powers

    9. 31I.Powers of the High Court in respect of family court proceedings

    10. 31J.Overview of certain powers of the court under other Acts

    11. 31K.Appeals

    12. 31L.Enforcement

    13. 31M.Records of proceedings

    14. 31N.Summonses and other documents

    15. 31O.Function of giving legal advice to judges

    16. 31P.Orders, regulations and rules under Part 4A

  7. PART 4B Family proceedings: prohibition of cross-examination in personPrevious MatchNext Match

    1. 31Q.Prohibition of cross-examination in person: introductoryPrevious MatchNext Match

    2. 31R.Prohibition of cross-examination in person: victims of offencesPrevious MatchNext Match

    3. 31S.Prohibition of cross-examination in person: persons protected by injunctions etcPrevious MatchNext Match

    4. 31T.Prohibition of cross-examination in person: evidence of domestic abusePrevious MatchNext Match

    5. 31U.Direction for prohibition of cross-examination in person: other casesPrevious MatchNext Match

    6. 31V.Directions under section 31U: supplementaryPrevious MatchNext Match

    7. 31W.Alternatives to cross-examination in personPrevious MatchNext Match

    8. 31X.Costs of legal representatives appointed under section 31W(6)Previous MatchNext Match

    9. 31Y.Guidance for legal representatives appointed under section 31W(6)Previous MatchNext Match

    10. 31Z.Regulations under Part 4BPrevious MatchNext Match

  8. Part V Family Business: Distribution and Transfer

    1. Preliminary

      1. 32. What is family business.

    2. Jurisdiction of county courts in matrimonial causes and matters

      1. 33. Jurisdiction of county courts in matrimonial causes.

      2. 34. Jurisdiction of divorce county courts as respects financial relief and protection of children.

      3. 35. Consideration of agreements or arrangements.

      4. 36. Assignment of Circuit judges to matrimonial proceedings.

    3. Jurisdiction of county courts in civil partnership causes and matters

      1. 36A.Jurisdiction of county courts in civil partnership causes

      2. 36B.Jurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children

      3. 36C.Consideration of agreements or arrangements

      4. 36D.Assignment of circuit judges to civil partnership proceedings

    4. Distribution and transfer of family business and proceedings

      1. 37. Directions as to distribution and transfer of family business and proceedings.

      2. 38. Transfer of family proceedings from High Court ...

      3. 39. Transfer of family proceedings to High Court ....

    5. Rules of court and fees

      1. 40. Family proceedings rules.

      2. 40A.Process for making rules of court under section 40

      3. 40B.Rules to be made if required by Lord Chancellor

      4. 41. Fees in family proceedings.

    6. County court proceedings in principal registry

      1. 42. County court proceedings in principal registry of Family Division.

    7. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882

      1. 43. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882.

    8. Magistrates’ courts’ domestic jurisdiction

      1. 44. Family proceedings in magistrates’ courts to include applications to alter maintenance agreements.

  9. Part VI Miscellaneous and GeneralPrevious MatchNext Match

    1. 45. Miscellaneous and GeneralPrevious MatchNext Match

    2. 46. Amendments, transitional provisions and repeals.Previous MatchNext Match

    3. 47. Commencement.Previous MatchNext Match

    4. 48. Short title and extent.Previous MatchNext Match

  10. SCHEDULES

    1. SCHEDULE 1Previous MatchNext Match

      Minor and Consequential AmendmentsPrevious MatchNext Match

      1. Maintenance Orders Act 1950 (c. 37)Previous MatchNext Match

        1. 1.In section 16(2) of the Maintenance Orders Act 1950— Previous MatchNext Match

        2. 2.In section 18 of that Act, after subsection (2), there...Previous MatchNext Match

      2. Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)Previous MatchNext Match

        1. 3.In section 7 of the Matrimonial Causes (Property and Maintenance)...Previous MatchNext Match

      3. Maintenance Orders Act 1958 (c. 39)Previous MatchNext Match

        1. 4.. . . . . . . . . ....Previous MatchNext Match

        2. 5.In section 4 of that Act, after subsection (6A) there...Previous MatchNext Match

      4. Succession (Scotland) Act 1964 (c. 41)Previous MatchNext Match

        1. 6.In section 33(2) of the Succession (Scotland) Act 1964, at...Previous MatchNext Match

      5. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)Previous MatchNext Match

        1. 7.In section 8(1)(c) of the Law Reform (Miscellaneous Provisions) (Scotland)...Previous MatchNext Match

      6. Administration of Justice Act 1970 (c. 31)Previous MatchNext Match

        1. 8.In Schedule 8 to the Administration of Justice Act 1970...Previous MatchNext Match

      7. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)Previous MatchNext Match

        1. 9. Minor and Consequential AmendmentsPrevious MatchNext Match

      8. Matrimonial Causes Act 1973 (c. 18)Previous MatchNext Match

        1. 10.In section 1(4) of the Matrimonial Causes Act 1973 for...Previous MatchNext Match

        2. 11.In section 24A of that Act there shall be added...Previous MatchNext Match

        3. 12.In section 27 of that Act— (a) in subsection (3A)...Previous MatchNext Match

        4. 13.In section 35 of that Act— (a) in subsection (2)...Previous MatchNext Match

        5. 14. Minor and Consequential AmendmentsPrevious MatchNext Match

        6. 15.In section 47(2) of that Act after paragraph (d) there...Previous MatchNext Match

        7. 16. Minor and Consequential AmendmentsPrevious MatchNext Match

      9. Domicile and Matrimonial Proceedings Act 1973 (c. 45)Previous MatchNext Match

        1. 17.In section 5(1) of the Domicile and Matrimonial Proceedings Act...Previous MatchNext Match

        2. 18. Minor and Consequential AmendmentsPrevious MatchNext Match

      10. Children Act 1975 (c. 72)

        1. 19.In section 100 of the Children Act 1975—

      11. Adoption Act 1976 (c. 36)Previous MatchNext Match

        1. 20. Minor and Consequential AmendmentsPrevious MatchNext Match

      12. Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)Previous MatchNext Match

        1. 21.In section 1 of the Domestic Proceedings and Magistrates’ Courts...Previous MatchNext Match

        2. 22.In section 7(5) of that Act, for the words “subsection...Previous MatchNext Match

        3. 23. Minor and Consequential Amendments

        4. 24.In section 19 of that Act, after subsection (3), there...Previous MatchNext Match

        5. 25.In section 20(8) of that Act, after the word “respondent”...Previous MatchNext Match

        6. 26. Minor and Consequential AmendmentsPrevious MatchNext Match

        7. 27.In Schedule 1 to that Act— (a) in paragraph 2,...Previous MatchNext Match

      13. Land Registration (Scotland) Act 1979 (c. 33)Previous MatchNext Match

        1. 28.In section 12(3)(b) of the Land Registration (Scotland) Act 1979...Previous MatchNext Match

      14. County Courts Act 1984 (c. 28)Previous MatchNext Match

        1. 29. Minor and Consequential AmendmentsPrevious MatchNext Match

        2. 30.In section 41 of that Act there shall be added...Previous MatchNext Match

        3. 31. Minor and Consequential AmendmentsPrevious MatchNext Match

    2. SCHEDULE 2

      Transitional Provisions

      1. Time restrictions on petitions for divorce

        1. 1.(1) Where at the coming into force of section 1...

      2. Time restrictions on petitions for nullity

        1. 2.An application for leave under section 13(4) of the Matrimonial...

      3. Scope of “matrimonial cause” for Part V purposes

        1. 3.For the purposes of Part V of this Act “matrimonial...

    3. SCHEDULE 3

      Repeals

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