Modifications etc. (not altering text)
C1Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A
(1)Either party to a marriage may apply to [F2the family court] for an order under this section on the ground that either the party making the application or the other party to the marriage has agreed to make such financial provision as may be specified in the application and, subject to subsection (3) below, the court on such an application may, if—
(a)it is satisfied that the applicant or the respondent, as the case may be, has agreed to make that provision, and
(b)it has no reason to think that it would be contrary to the interests of justice to exercise its powers hereunder,
order that the applicant or the respondent, as the case may be, shall make the financial provision specified in the application.
(2)In this section “financial provision ” means the provision mentioned in any one or more of the following paragraphs, that is to say—
(a)the making of periodical payments by one party to the other,
(b)the payment of a lump sum by one party to the other,
(c)the making of periodical payments by one party to a child of the family or to the other party for the benefit of such a child,
(d)the payment by one party of a lump sum to a child of the family or to the other party for the benefit of such a child,
and any reference in this section to the financial provision specified in an application made under subsection (1) above or specified by the court under subsection (5) below is a reference to the type of provision specified in the application or by the court, as the case may be, to the amount so specified as the amount of any payment to be made thereunder and, in the case of periodical payments, to the term so specified as the term for which the payments are to be made.
(3)Where the financial provision specified in an application under subsection (1) above includes or consists of provision in respect of a child of the family, the court shall not make an order under that subsection unless it considers that the provision which the applicant or the respondent, as the case may be, has agreed to make in respect of that child provides for, or makes a proper contribution towards, the financial needs of the child.
(4)A party to a marriage who has applied for an order under section 2 of this Act shall not be precluded at any time before the determination of that application from applying for an order under this section; but if an order is made under this section on the application of either party and either of them has also made an application for an order under section 2 of this Act, the application made for the order under section 2 shall be treated as if it had been withdrawn.
(5)Where on an application under subsection (1) above the court decides—
(a)that it would be contrary to the interests of justice to make an order for the making of the financial provision specified in the application, or
(b)that any financial provision which the applicant or the respondent, as the case may be, has agreed to make in respect of a child of the family does not provide for, or make a proper contribution towards, the financial needs of that child,
but is of the opinion—
(i)that it would not be contrary to the interests of justice to make an order for the making of some other financial provision specified by the court, and
(ii)that, in so far as that other financial provision contains any provision for a child of the family, it provides for, or makes a proper contribution towards, the financial needs of that child,
then if both the parties agree, the court may order that the applicant or the respondent, as the case may be, shall make that other financial provision.
(6)Subject to subsection (8) below, the provisions of section 4 of this Act shall apply in relation to an order under this section which requires periodical payments to be made to a party to a marriage for his own benefit as they apply in relation to an order under section 2(1)(a) of this Act.
(7)Subject to subsection (8) below, the provisions of section 5 of this Act shall apply in relation to an order under this section for the making of financial provision in respect of a child of the family as they apply in relation to an order under section 2(1)(c) or (d) of this Act.
(8)Where the court makes an order under this section which contains provision for the making of periodical payments and, by virtue of subsection (4) above, an application for an order under section 2 of this Act is treated as if it had been withdrawn, then the term which may be specified as the term for which the payments are to be made may begin with the date of the making of the application for the order under section 2 or any later date.
(9)Where the respondent is not present or represented by counsel or solicitor at the hearing of an application for an order under subsection (1) above, the court shall not make an order under this section unless there is produced to the court such evidence as may be prescribed by [F3rules of court] of—
(a)the consent of the respondent to the making of the order,
(b)the financial resources of the respondent, and
(c)in a case where the financial provision specified in the application includes or consists of provision in respect of a child of the family to be made by the applicant to the respondent for the benefit of the child or to the child, the financial resources of the child.]
Textual Amendments
F1S. 6 substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 10, 47, 48(2)
F2Words in s. 6(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 69; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 6(9) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 191; S.I. 2005/910, art. 3(y)