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Matrimonial Proceedings and Property Act 1970

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This is the original version (as it was originally enacted).

Provisions as to variation, discharge and enforcement of certain orders

9Variation, discharge, etc., of orders for financial provision

(1)Where the court has made an order to which this section applies, then, subject to the provisions of this section, the court shall have power to vary or discharge the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.

(2)This section applies to the following orders, that is to say—

(a)any order under section 1 of this Act;

(b)any order made by virtue of section 2(1)(a) or (b) or 2(2)(b) of this Act;

(c)any order made by virtue of section 3(2)(a) or (b) or 3(4) of this Act;

(d)any order made by virtue of section 4(b), (c) or (d) of this Act on or after granting a decree of judicial separation; and

(e)any order made by virtue of section 6(5), 6(6)(a), (b), (d) or (e) or 6(7)(b) of this Act.

(3)The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.

(4)The court shall not exercise the powers conferred by this section in relation to any order made by virtue of the said section 4(b), (c) or (d) on or after granting a decree of judicial separation except on an application made in proceedings—

(a)for the rescission of that decree, or

(b)for the dissolution of the marriage of the parties to the proceedings in which that decree was made.

(5)No such order as is mentioned in section 4 of this Act shall be made on an application for the variation of an order made by virtue of the said section 2(1) (a) or (b) or the said section 3(2)(a) or (b), and no order for the payment of a lump sum shall be made on an application for the variation of an order made by virtue of the said section 2(1)(a) or (b) or of the said section 6(6)(a) or (b).

(6)Where the person liable to make payments under an order made by virtue of the said section 2(1) (b), the said section 3(2)(b) or the said section 6 (6)(b) or (e) has died, an application under this section relating to that order may be made by the person entitled to payments under the order or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out.

(7)In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates and, where the party against whom that order was made has died, the changed circumstances resulting from his or her death.

(8)The personal representatives of a deceased person against whom any such order as is referred to in subsection (6) above was made shall not be liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in that subsection on the ground that they ought to have taken into account the possibility that the court might permit an application under this section to be made after that period by the person entitled to payments under the order; but this subsection shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.

(9)In considering for the purposes of subsection (6) above the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.

10Payment of certain arrears unenforceable without the leave of the court

(1)A person shall not be entitled to enforce through the High Court or any county court the payment of any arrears due under an order made by virtue of section 1, 2(1), 3(2), 6(5) or 6(6) of this Act without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.

(2)The court hearing an application for the grant of leave under this section may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of such arrears or of any part thereof.

(3)An application for the grant of leave under this section shall be made in such manner as may be prescribed by rules of court.

11Power of court to order sums paid under certain orders to be repaid in certain cases

(1)Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of—

(a)a change in the circumstances of the person entitled to, or liable to make, payments under the order since the order was made, or

(b)the changed circumstances resulting from the death of the person so liable,

the amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.

This section applies to an order made by virtue of section 1, 2(1)(a) or (b), 3(2)(a) or (b), 6(5) or 6(6)(a). (b), (d) or (e) of this Act.

(2)An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives.

(3)An application under this section may be made in proceedings in the High Court or a county court for—

(a)the variation or discharge of the order to which this section applies, or

(b)leave to enforce, or the enforcement of, the payment of arrears under that order ;

but except as aforesaid such an application shall be made to a county court, and accordingly references in this section to the court are references to the High Court or a county court, as the circumstances require.

(4)An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.

12Application of Maintenance Orders Acts to orders under ss. 1, 2, 3 and 6

(1)Any order made by virtue of section 1, 2, 3 or 6 of this Act or any corresponding enactment of the Parliament of Northern Ireland shall be included among the orders to which section 16 of the [1950 c. 37.] Maintenance Orders Act 1950 applies (which section specifies the orders enforceable under Part II of that Act); and any order made by virtue of the said section 1, 2, 3 or 6 shall be a maintenance order within the meaning of the [1958 c. 39.] Maintenance Orders Act 1958.

(2)This section, so far as it affects Part II of the Maintenance Orders Act 1950, shall extend to Scotland and Northern Ireland.

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