Family Law Act 1996

Financial provision: nullity of marriage

4 For section 23 substitute—

“23 Financial provision orders: nullity

(1) On or after granting a decree of nullity of marriage (whether before or after the decree is made absolute), the court may, on an application made under this section, make one or more financial provision orders in favour of—

(a) either party to the marriage; or

(b) any child of the family.

(2) Before granting a decree in any proceedings for nullity of marriage, the court may make against either or each of the parties to the marriage—

(a) an interim periodical payments order, an interim order for the payment of a lump sum, or a series of such orders, in favour of the other party;

(b) an interim periodical payments order, an interim order for the payment of a lump sum, a series of such orders or any one or more other financial provision orders in favour of each child of the family.

(3) Where any such proceedings are dismissed, the court may (either immediately or within a reasonable period after the dismissal) make any one or more financial provision orders in favour of each child of the family.

(4) An order under this section that a party to a marriage must pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order under this section in his or her favour.

(5) An order under this section for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met.

(6) An order under this section for the payment of a lump sum may—

(a) provide for the payment of that sum by instalments of such amount as may be specified in the order; and

(b) require the payment of the instalments to be secured to the satisfaction of the court.

(7) Nothing in subsections (4) to (6) above affects—

(a) the power under subsection (1) above to make an order for the payment of a lump sum; or

(b) the provisions of this Act as to the beginning of the term specified in any periodical payments order or secured periodical payments order.

(8) The powers of the court under this section to make one or more financial provision orders are exercisable against each party to the marriage by the making of—

(a) a combined order on one occasion, or

(b) separate orders on different occasions,

but the court may not make more than one periodical payments order, or more than one order for payment of a lump sum, in favour of the same party.

(9) The powers of the court under this section so far as they consist in power to make one or more orders in favour of the children of the family—

(a) may be exercised differently in favour of different children; and

(b) except in the case of the power conferred by subsection (3) above, may be exercised from time to time in favour of the same child; and

(c) in the case of the power conferred by that subsection, if it is exercised by the making of a financial provision order of any kind in favour of a child, shall include power to make, from time to time, further financial provision orders of that or any other kind in favour of that child.

(10) Where an order is made under subsection (1) above in favour of a party to the marriage on or after the granting of a decree of nullity of marriage, neither the order nor any settlement made in pursuance of the order takes effect unless the decree has been made absolute.

(11) Subsection (10) above does not affect the power to give a direction under section 30 below for the settlement of an instrument by conveyancing counsel.

(12) Where the court—

(a) makes an order under this section (“the main order”) for the payment of a lump sum; and

(b) directs—

(i) that payment of that sum or any part of it is to be deferred; or

(ii) that that sum or any part of it is to be paid by instalments,

it may, on or at any time after making the main order, make an order (“the order for interest”) for the amount deferred or the instalments to carry interest at such rate as may be specified by the order for interest from such date, not earlier than the date of the main order, as may be so specified, until the date when payment of it is due.

(13) This section is to be read subject to any restrictions imposed by this Act.”