OpenLegislation

Section 4 Duration of orders for financial provision for a party to a marriage.

England and Wales

(1)

The term to be specified in any order made under section 2(1)(a) of this Act shall be such term as the court thinks fit except that the term shall not begin earlier than the date of the making of the application for the order and shall not extend beyond the death of either of the parties to the marriage.

(2)

Where an order is made under the said section 2(1)(a) and the marriage of the parties affected by the order is subsequently dissolved or annulled but the order continues in force, the order shall, notwithstanding anything in it, cease to have effect on the remarriage ofF1, or formation of a civil partnership by, the party in whose favour it was made, except in relation to any arrears due under the order on the date of the remarriage F2or formation of the civil partnership.

Annotations

Textual amendments

F1

Words in s. 4(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 57(a); S.I. 2005/3175, art. 2(2)

F2

Words in s. 4(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 57(b); S.I. 2005/3175, art. 2(2)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A