Matrimonial Proceedings and Property Act 1970 (c. 45)

PART I Provisions with Respect to Ancillary and Other Relief in Matrimonial Causes and to Certain Other Matrimonial Proceedings

Miscellaneous and supplemental

24 Commencement of proceedings for financial provision orders, etc.

(1) Where a petition for divorce, nullity of marriage or judicial separation has been presented, then, subject to subsection (2) below, proceedings under section 1, 2, 3 or 4 of this Act may be begun, subject to and in accordance with rules of court, at any time after the presentation of the petition; but—

(a) no order under section 2 or 4 of this Act shall be made unless a decree nisi of divorce or of nullity of marriage or a decree of judicial separation, as the case may be, has been granted ;

(b) without prejudice to the power to give a direction under section 25 of this Act, no such order made on or after granting a decree nisi of divorce or of nullity of marriage, and no settlement made in pursuance of such an order, shall take effect unless the decree has been made absolute.

(2) Rules of court may provide, in such cases as may be prescribed by the rules—

(a) that applications for ancillary relief shall be made in the petition or answer ; and

(b) that applications for ancillary relief which are not so made, or are not made until after the expiration of such period following the presentation of the petition or filing of the answer as may be so prescribed, shall be made only with the leave of the court.

In this subsection " ancillary relief " means relief under any of the following provisions of this Act, that is to say, sections 1, 2, 3 and 4.