On the F3making of a divorce, nullity of marriage or judicial separation order or at any time thereafter the court, if it considers it just to do so, may, on the application of either party to the marriage, order that the other party to the marriage shall not on the death of the applicant be entitled to apply for an order under section 2 of this Act.

In this subsection “ the court ” means the High Court or F2the family court.

In the case of a F4divorce or nullity of marriage order an order may be made under subsection (1) above before or F5after the divorce or nullity of marriage order is made final, but if it is made before that order is made final it shall not take effect unless that order is made final.

Where an order made under subsection (1) above on the F6making of a divorce or nullity of marriage order has come into force with respect to a party to a marriage, then, on the death of the other party to that marriage, the court shall not entertain any application for an order under section 2 of this Act made by the first-mentioned party.

Where an order made under subsection (1) above on the F7making of a judicial separation order has come into force with respect to any party to a marriage, then, if the other party to that marriage dies while the F8order is in force and the separation is continuing, the court shall not entertain any application for an order under section 2 of this Act made by the first-mentioned party.