Section 28 Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978.F1

United Kingdom

(1)

F2On hearing an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978F3, the family court may make any order on the application which it has power to make under section 2 or 19(1) of that Act.

(2)

Part I of that Act shall apply in relation to such an application, and to any order made on such an application, with the following modifications—

(a)

sections 6 to 8, 16 to 18, 20ZA, 25F4, 26 and 28(2) shall be omitted,

(b)

F5... and

(c)

section 32(2) shall be omitted.

(3)

Subsections (1) and (2) above do not apply where section 28A of this Act applies.

Annotations

Textual amendments

F1: Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s.1, Sch. 1 Pt. II para.13, S.I. 1993/618, art.2
F2: Word in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(a)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3: Words in s. 28(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(a)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Word in s. 28(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: S. 28(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Notes on Part II

Modifications

C1: Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)
C2: Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) (Scotland) Order 2007 (S.S.I. 2007/355), arts. 1(1), 4 (with art. 5)
C3: Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), arts. 1(2), 3 (with arts. 4, 5) (as amended by S.I. 2014/879, arts. 1(1), 118)