SCHEDULES

SCHEDULE 12 Consequential amendments

Part I Amendments consequential on Parts III and IV

Matrimonial and Family Proceedings Act 1984 (c.42)

2

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

3

In section 17, for subsection (1) there is substituted—

1

Subject to section 20 below, on an application by a party to a marriage for an order for financial relief under this section, the court may—

a

make any one or more of the orders which it could make under Part II of the 1973 Act if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation in respect of the marriage had been granted in England and Wales, that is to say—

i

any order mentioned in section 23(1) of the 1973 Act (financial provision orders); and

ii

any order mentioned in section 24(1) of that Act (property adjustment orders); and

b

if the marriage has been dissolved or annulled, make one or more orders each of which would, within the meaning of that Part of that Act, be a pension sharing order in relation to the marriage.

4

In section 21—

a

the word “made”, in both places, is omitted,

b

after paragraph (b) there is inserted—

ba

section 24B(3) to (5) (provisions about pension sharing orders in relation to divorce and nullity);

bb

section 24C (duty to stay pension sharing orders);

bc

section 24D (apportionment of pension sharing charges);

c

at the end there is inserted—

l

section 40A (appeals relating to pension sharing orders which have taken effect).