Section 21: Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973., Matrimonial and Family Proceedings Act 1984

The following provisions of Part II of the 1973 Act (financial relief for parties to marriage and children of family) shall apply in relation to an order ... under section 14 or 17 above as they apply in relation to a like order ... under that Part of that Act, that is to say—

section 23(3) (provisions as to lump sums);

section 24A(2), (4), (5) and (6) (provisions as to orders for sale);

section 24B(3) to (5) (provisions about pension sharing orders in relation to divorce and nullity);

section 24C (duty to stay pension sharing orders);

section 24D (apportionment of pension sharing charges);

section 24E(3) to (10) (provisions about pension compensation orders in relation to divorce and nullity);

section 24F (duty to stay pension compensation sharing orders);

section 24G (apportionment of pension compensation sharing charges);

section 25B(3) to (7B) (power, by financial provision order, to attach payments under a pension arrangement, or to require the exercise of a right of commutation under such an arrangement);

section 25C (extension of lump sum powers in relation to death benefits under a pension arrangement);

section 25E(2) to (10) (the Pension Protection Fund);

section 25F (power, by financial provision order, to attach pension compensation payments, or to require the exercise of a right of commutation of pension compensation);

section 28(1) and (2) (duration of continuing financial provision orders in favour of party to marriage);

section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour);

section 30 (direction for settlement of instrument for securing payments or effecting property adjustment), except paragraph (b);

section 31 (variation, discharge etc. of certain orders for financial relief), except subsection (2)(e) and subsection (4);

section 32 (payment of certain arrears unenforceable without the leave of the court);

section 33 (orders for repayment of sums paid under certain orders);

section 38 (orders for repayment of sums paid after cessation of order by reason of remarriage);

section 39 (settlements etc. made in compliance with a property adjustment order may be avoided on bankruptcy of settlor); and

section 40 (payments etc. under order made in favour of person suffering from mental disorder).

section 40A (appeals relating to pension sharing orders which have taken effect).

section 40B (appeals relating to pension compensation sharing orders which have taken effect).

Subsection (1)(bd) , (be) and (bg) above shall not apply where the court has jurisdiction to entertain an application for an order for financial relief by reason only of the situation in England or Wales of a dwelling-house which was a matrimonial home of the parties.

Section 25D(1) of the 1973 Act (effect of transfers on orders relating to rights under a pension arrangement) shall apply in relation to an order made under section 17 above by virtue of subsection (1)(bd) or (be) above as it applies in relation to an order made under section 23 of that Act by virtue of section 25B or 25C of the 1973 Act.

The Lord Chancellor may by regulations make for the purposes of this Part of this Act provision corresponding to any provision which may be made by him under subsections (2) to (2B) of section 25D of the 1973 Act or under subsections (1) to (3) of section 25G of that Act.

Power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 21: Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973.

Discussed in

About this text