Part I

Matrimonial Proceedings in Magistrates’ Courts

Powers of court to make orders for financial provision for parties to a marriage and children of the family

Powers of court to make orders for financial provision.
2
1
Where on an application for an order under this section the applicant satisfies the court of any ground mentioned in section 1 of this Act, the court may, subject to the provisions of this Part of this Act, make any one or more of the following orders, that is to say—
a
an order that the respondent shall make to the applicant such periodical payments, and for such term, as may be specified in the order;
b
an order that the respondent shall pay to the applicant such lump sum as may be so specified;
c
an order that the respondent shall make to the applicant for the benefit of a child of the family to whom the application relates, or to such a child, such periodical payments, and for such term, as may be so specified;
d
an order that the respondent shall pay to the applicant for the benefit of a child of the family to whom the application relates, or to such a child, such lump sum as may be so specified.
2
Without prejudice to the generality of subsection (1)(b) or (d) above, an order under this section for the payment of a lump sum may be made for the purpose of enabling any liability or expenses reasonably incurred in maintaining the applicant, or any child of the family to whom the application relates, before the making of the order to be met.
3
The amount of any lump sum required to be paid by an order under this section shall not exceed £500 or such larger amount as the Lord Chancellor may from time to time by order fix for the purposes of this subsection.
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4
An order made by the Lord Chancellor under this section—
a
shall be made only after consultation with the Lord Chief Justice;
b
shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.
5
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
S. 2 extended by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18, SIF 49:3), s. 28A(1) as substituted by Matrimonial and Family Proceedings Act 1984 (c.42, SIF 49:3), ss. 26(2), 48(2)
S. 2(3): functions of the Secretary of State transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 3(1), Sch.2
S. 2(3): words substituted (1. 4. 1992) by 1992/709, art.3(2), Sch. 2
Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A
S. 2(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 96(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
Words in s. 2(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 96(2), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)