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”.