SCHEDULES

SCHEDULE 8Minor and consequential amendments

Part IAmendments connected with Part II

The Matrimonial Causes Act 1973 (c. 18)

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1

Section 28 (duration of continuing financial provision order in favour of a party to a marriage) is amended as follows.

2

In subsection (1A), for the words from the beginning to “nullity of marriage” substitute—

1A

At any time when—

a

the court exercises, or has exercised, its power under section 22A or 23 above to make a financial provision order in favour of a party to a marriage,

b

but for having exercised that power, the court would have power under one of those sections to make such an order, and

c

an application for a divorce order or a petition for a decree of nullity of marriage is outstanding or has been granted in relation to the marriage,

3

Insert, after subsection (1A)—

1B

If the court—

a

exercises, or has exercised, its power under section 22A at any time before making a divorce order, and

b

gives a direction under subsection (1A) above in respect of a periodical payments order or a secured periodical payments order,

it shall provide for the direction not to take effect until a divorce order is made.

4

In subsection (2), for the words from “on or after” to “nullity of marriage” substitute “at such a time as is mentioned in subsection (1A)(c) above”.

5

In subsection (3)—

a

for “a decree” substitute “an order or decree”; and

b

for “that decree” substitute “that order or decree”.