Domestic Proceedings and Magistrates’ Courts Act 1978

Changes over time for: Section 5

Alternative versions:

Changes to legislation:

Domestic Proceedings and Magistrates’ Courts Act 1978, Section 5 is up to date with all changes known to be in force on or before 24 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 5:

s. 1(c)(d) repealed (prosp.) by 1996 c. 27 s. 18(1) 66(3) Sch. 10
s. 5(2)(a) amended (temp.) (prosp.) by 1996 c. 56 s. 582(1)(4) Sch. 37 Pt. 2 para. 138 Sch. 40 para. 1

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s. 1(c)(d) repealed (prosp.) by 1996 c. 27 s. 18(1) 66(3) Sch. 10

5 Age limit on making orders for financial provision for children and duration of such orders.E+W

(1)Subject to subsection (3) below, no order shall be made under section 2(1)(c) or (d) of this Act in favour of a child who has attained the age of eighteen.

(2)The term to be specified in an order made under section 2(1)(c) of this Act in favour of a child may begin with the date of the making of an application for the order in question or any later date [F1or a date ascertained in accordance with subsection (5) or (6) below] but—

(a)shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age [F2(construed in accordance with section 8 of the Education Act 1996)][F3unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date]; and

(b)shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday.

(3)The court—

(a)may make an order under section 2(1)(c) or (d) of this Act in favour of a child who has attained the age of eighteen, and

(b)may include in an order made under section 2(1)(c) of this Act in relation to a child who has not attained that age a provision for extending beyond the date when the child will attain that age the term for which by virtue of the order any payments are to be made to or for the benefit of that child,

if it appears to the court—

(i)that the child is, or will be, or if such an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or

(ii)that there are special circumstances which justify the making of the order or provision.

(4)Any order made under section 2(1)(c) of this Act in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

[F4(5)Where—

(a)a [F5maintenance assessment][F5maintenance calculation] (“the [F6current assessment][F6current calculation]”) is in force with respect to a child; and

(b)an application is made for an order under section 2(1)(c) of this Act—

(i)in accordance with section 8 of the Child Support Act 1991 F7; and

(ii) before the end of the period of 6 months beginning with the making of the [F8current assessment][F8current calculation],

the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.

(6) For the purposes of subsection (5) above, “the earliest permitted date ” is whichever is the later of—

(a) the date 6 months before the application is made; or

(b) the date on which the [F9current assessment][F9current calculation] took effect or, where successive maintenance assessments have been continuously in force with respect to a child, on which the first of [F10those assessments][F10those calculations] took effect.

(7)Where—

(a) a [F11maintenance assessment][F11maintenance calculation] ceases to have effect [F12or is cancelled] by or under any provision of the Child Support Act 1991; and

(b) an application is made, before the end of the period of 6 months beginning with the relevant date, for an order under section 2(1)(c) of this Act in relation to a child with respect to whom that [F11maintenance assessment][F11maintenance calculation] was in force immediately before it ceased to have effect [F12or was cancelled],

the term to be specified in any such order, or in any interim order under section 19 of this Act, made on that application, may begin with the date on which that [F11maintenance assessment][F11maintenance calculation] ceased to have effect [F12or, as the case may be, the date with effect from which it was cancelled], or any later date.

(8)In subsection (7)(b) above—

(a) where the [F13maintenance assessment][F13maintenance calculation] ceased to have effect, the relevant date is the date on which it so ceased; [F14and

(b)where the maintenance assessment was cancelled, the relevant date is the later of—

(i)the date on which the person who cancelled it did so, and

(ii)the date from which the cancellation first had effect.]]

Textual Amendments

F1Words in s. 5(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4 (the second paragraph so numbered).

F2Words in s. 5(2)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1)(4), Sch. 37 Pt. II para. 138 (with ss. 1(4), 561, 562, Schs. 39, 40 para. 1); S.I. 1997/1623, art. 2(2)