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Matrimonial and Family Proceedings Act 1984 (c. 42)

Matrimonial and Family Proceedings Act 1984 1984 CHAPTER 42 An Act to amend the Matrimonial Causes Act 1973 so far as it restricts the time within which proceedings for divorce or nullity of marriage can be instituted; to amend that Act, the Domestic Proceedings and Magistrates’ Courts Act 1978 and the Magistrates’ Courts Act 1980 so far as they relate to the exercise of the jurisdiction of courts in England and Wales to make provision for financial relief or to exercise related powers in matrimonial and certain other family proceedings; to make provision for financial relief to be available where a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, in a country overseas; to make related amendments in the Maintenance Orders (Reciprocal Enforcement) Act 1972 and the Inheritance (Provision for Family and Dependents) Act 1975; to make provision for the distribution and transfer between the High Court and county courts of, and the exercise in those courts of jurisdiction in, family business and family proceedings and to repeal and re-enact with amendments certain provisions conferring on designated county courts jurisdiction in matrimonial proceedings; to impose a duty to notify changes of address on persons liable to make payments under maintenance orders enforceable under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958; and for connected purposes. [12th July 1984] Be it enacted by the Queen’

Legislation

Table of Content

1. Bar on petitions for divorce within one year of marriage.

2. Provisions relating to powers of the High Court and county courts E+W

3. Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A.

25. Exercise of court’s powers in favour of party to marriage on decree of divorce or nullity of marriage.

4. Orders for financial relief in case of neglect to maintain. E+W

5. Duration of orders for periodical payments and effect of remarriage. E+W

6. Variation and discharge of orders for periodical payments. E+W

7. “ Consent orders E+W

33. Consent orders for financial provision or property adjustment.

8. Provisions relating to the powers of magistrates’ courts E+W

9. Matters to which court is to have regard in exercising its powers under s.2.

10. Orders for payments which have been agreed by the parties.

11. Applications for financial relief E+W

12. Applica tions for financial relief after overseas divorce etc. E+W

13. Leave of the court required for applications for financial relief. E+W

14. Interim orders for maintenance. E+W

15. Jurisdiction of the court. E+W

16. Orders for financial provision and property adjustment E+W

17. Orders for financial provision and property adjustment. E+W

18. Matters to which the court is to have regard in exercising its powers under s. 17. E+W

19. Consent orders for financial provision or property adjustment. E+W

20. Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales. E+W

21. Orders for transfer of tenancies E+W

22. Avoidance of transactions intended to prevent or reduce financial relief E+W

23. Avoidance of transactions intended to defeat applications for financial relief. E+W

24. Financial provision out of estate of deceased party to marriage E+W

25. Recovery of maintenance in magistrates’ courts after overseas divorce etc. E+W

26. Interpretation E+W

27. Interpretation of Part III. E+W

28. Circumstances in which a Scottish court may entertain application for financial provision. S

29. Application of Part IV to annulled marriages. S

30. Interpretation of Part IV. S

31. Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972. S

31. Sittings E+W

31. Judges E+W

31. Composition of the court and distribution of its business E+W

31. Family court has High Court and county court powers E+W

31. Proceedings and decisions E+W

31. Witnesses and evidence E+W

31. Contempt of court: power to limit court's powers E+W

31. Powers of the High Court in respect of family court proceedings E+W

31. Overview of certain powers of the court under other Acts E+W

31. Appeals E+W

31. Enforcement E+W

31. Records of proceedings E+W

31. Function of giving legal advice to judges E+W

31. Orders, regulations and rules under Part 4A E+W

31. Prohibition of cross-examination in person: introductory E+W

31. Prohibition of cross-examination in person: victims of offences E+W

31. Prohibition of cross-examination in person: persons protected by injunctions etc E+W

31. Prohibition of cross-examination in person: evidence of domestic abuse E+W

31. Direction for prohibition of cross-examination in person: other cases E+W

31. Directions under section 31U: supplementary E+W

31. Alternatives to cross-examination in person E+W

31. Costs of legal representatives appointed under section 31W(6) E+W

31. Guidance for legal representatives appointed under section 31W(6) E+W

31. Preliminary E+W

32. Jurisdiction of county courts in matrimonial causes and matters E+W

33. Jurisdiction of county courts in matrimonial causes. E+W

34. Jurisdiction of divorce county courts as respects financial relief and protection of children. E+W

35. Consideration of agreements or arrangements. E+W

36. Distribution and transfer of family business and proceedings E+W

37. Directions as to distribution and transfer of family business and proceedings. E+W

38. Transfer of family proceedings from High Court F61 ... E+W

39. Rules of court and fees E+W

40. Rules to be made if required by Lord Chancellor E+W

41. County court proceedings in principal registry E+W

42. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882 E+W

43. Magistrates’ courts’ domestic jurisdiction E+W

44. Family proceedings in magistrates’ courts to include applications to alter maintenance agreements. E+W

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

46. Amendments, transitional provisions and repeals. U.K.

47. Commencement. U.K.

48. Scope of “matrimonial cause” for Part V purposes E+W

1. Bar on petitions for divorce within one year of marriage.

2. Provisions relating to powers of the High Court and county courts E+W

3. Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A.

25. Exercise of court’s powers in favour of party to marriage on decree of divorce or nullity of marriage.

4. Orders for financial relief in case of neglect to maintain. E+W

5. Duration of orders for periodical payments and effect of remarriage. E+W

6. Variation and discharge of orders for periodical payments. E+W

7. “ Consent orders E+W

33. Consent orders for financial provision or property adjustment.

8. Provisions relating to the powers of magistrates’ courts E+W

9. Matters to which court is to have regard in exercising its powers under s.2.

10. Orders for payments which have been agreed by the parties.

11. Applications for financial relief E+W

12. Applica tions for financial relief after overseas divorce etc. E+W

13. Leave of the court required for applications for financial relief. E+W

14. Interim orders for maintenance. E+W

15. Jurisdiction of the court. E+W

16. Orders for financial provision and property adjustment E+W

17. Orders for financial provision and property adjustment. E+W

18. Matters to which the court is to have regard in exercising its powers under s. 17. E+W

19. Consent orders for financial provision or property adjustment. E+W

20. Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales. E+W

21. Orders for transfer of tenancies E+W

22. Avoidance of transactions intended to prevent or reduce financial relief E+W

23. Avoidance of transactions intended to defeat applications for financial relief. E+W

24. Financial provision out of estate of deceased party to marriage E+W

25. Recovery of maintenance in magistrates’ courts after overseas divorce etc. E+W

26. Interpretation E+W

27. Interpretation of Part III. E+W

28. Circumstances in which a Scottish court may entertain application for financial provision. S

29. Application of Part IV to annulled marriages. S

30. Interpretation of Part IV. S

31. Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972. S

31. Sittings E+W

31. Judges E+W

31. Composition of the court and distribution of its business E+W

31. Family court has High Court and county court powers E+W

31. Proceedings and decisions E+W

31. Witnesses and evidence E+W

31. Contempt of court: power to limit court's powers E+W

31. Powers of the High Court in respect of family court proceedings E+W

31. Overview of certain powers of the court under other Acts E+W

31. Appeals E+W

31. Enforcement E+W

31. Records of proceedings E+W

31. Function of giving legal advice to judges E+W

31. Orders, regulations and rules under Part 4A E+W

31. Prohibition of cross-examination in person: introductory E+W

31. Prohibition of cross-examination in person: victims of offences E+W

31. Prohibition of cross-examination in person: persons protected by injunctions etc E+W

31. Prohibition of cross-examination in person: evidence of domestic abuse E+W

31. Direction for prohibition of cross-examination in person: other cases E+W

31. Directions under section 31U: supplementary E+W

31. Alternatives to cross-examination in person E+W

31. Costs of legal representatives appointed under section 31W(6) E+W

31. Guidance for legal representatives appointed under section 31W(6) E+W

31. Preliminary E+W

32. Jurisdiction of county courts in matrimonial causes and matters E+W

33. Jurisdiction of county courts in matrimonial causes. E+W

34. Jurisdiction of divorce county courts as respects financial relief and protection of children. E+W

35. Consideration of agreements or arrangements. E+W

36. Distribution and transfer of family business and proceedings E+W

37. Directions as to distribution and transfer of family business and proceedings. E+W

38. Transfer of family proceedings from High Court F61 ... E+W

39. Rules of court and fees E+W

40. Rules to be made if required by Lord Chancellor E+W

41. County court proceedings in principal registry E+W

42. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882 E+W

43. Magistrates’ courts’ domestic jurisdiction E+W

44. Family proceedings in magistrates’ courts to include applications to alter maintenance agreements. E+W

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

46. Amendments, transitional provisions and repeals. U.K.

47. Commencement. U.K.

48. Scope of “matrimonial cause” for Part V purposes E+W

Section 1

1. Bar on petitions for divorce within one year of marriage.

For section 3 of the M1 Matrimonial Causes Act 1973 (in this Part referred to as “ the 1973 Act ”) (which provides that no petition for divorce shall be presented within three years of marriage unless the leave of the court has been obtained) there shall be substituted the following section— (1) No petition for divorce shall be presented to the court before the expiration of the period of one year from the date of marriage. (2) Nothing in this section shall prohibit the presentation of a petition based on matters which occurred before the expiration of that period. ” Marginal Citations M1 1973 c. 18 .

Section 2

2. Provisions relating to powers of the High Court and county courts E+W

(1) Section 13 of the 1973 Act (which imposes restrictions on the institution of proceedings for a decree of nullity in respect of a voidable marriage) shall be amended as follows. (2) For subsection (2) of section 13 there shall be substituted the following subsection— “ (2) Without prejudice to subsection (1) above, the court shall not grant a decree of nullity by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) or (f) of that section unless— (a) it is satisfied that proceedings were instituted within the period of three years from the date of the marriage, or (b) leave for the institution of proceedings after the expiration of that period has been granted under subsection (4) below. ” (3) At the end of section 13 there shall be added the following subsections— “ (4) In the case of proceedings for the grant of a decree of nullity by virtue of section 12 above on the grounds mentioned in paragraph (c), (d), (e) or (f) of that section, a judge of the court may, on an application made to him, grant leave for the institution of proceedings after the expiration of the period of three years from the date of the marriage if— (a) he is satisfied that the petitioner has at some time during that period suffered from mental disorder within the meaning of the Mental Health Act 1983, and (b) he considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings. (5) An application for leave under subsection (4) above may be made after the expiration of the period of three years from the date of the marriage. ” Part II E+W Financial Relief in Matrimonial Proceedings

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Matrimonial and Family Proceedings Act 1984 (c. 42)

1. Bar on petitions for divorce within one year of marriage.

2. Provisions relating to powers of the High Court and county courts E+W

Matrimonial and Family Proceedings Act 1984 (c. 42)

1. Bar on petitions for divorce within one year of marriage.

2. Provisions relating to powers of the High Court and county courts E+W