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Matrimonial and Family Proceedings Act 1984

1984 c. 42 · Enacted 12 July 1984 · Extends to United Kingdom

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 31R(5)words substitutedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 8
s. 31F(6)modified by 1989 c. 41, s. 10C(7) (as inserted)Victims and Courts Act 2026 s. 3(1)
s. 31F(6)modified by 1989 c. 41, s. 10E(7) (as inserted)Victims and Courts Act 2026 s. 4

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]

E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Extent

E1

For extent of Act, see s. 48(2)(3)

Contents

  1. Part I: Time Restrictions on Presentation of Petitions for Divorce or Nullity of Marriage
  2. 1Bar on petitions for divorce within one year of marriage.
  3. 2Extension of period for proceedings for decree of nullity in respect of voidable marriage.
  4. Part II: Financial Relief in Matrimonial Proceedings
  5. Provisions relating to powers of the High Court and county courts
  6. 3Orders for financial relief after divorce etc.
  7. 4Orders for financial relief in case of neglect to maintain.
  8. 5Duration of orders for periodical payments and effect of remarriage.
  9. 6Variation and discharge of orders for periodical payments.
  10. 7Consent orders for financial provision or property adjustment.
  11. 8Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975.
  12. Provisions relating to the powers of magistrates’ courts
  13. 9Orders for financial relief made by magistrates’ courts in matrimonial proceedings.
  14. 10Orders for payments which have been agreed by the parties.
  15. 11Variation of consent orders by magistrates’ courts.
  16. Part III: Financial Relief in England and Wales After Overseas Divorce etc.
  17. Applications for financial relief
  18. 12Applications for financial relief after overseas divorce etc.
  19. 13Leave of the court required for applications for financial relief.
  20. 14Interim orders for maintenance.
  21. 15Jurisdiction of the court.
  22. 16Duty of the court to consider whether England and Wales is appropriate venue for application.
  23. Orders for financial provision and property adjustment
  24. 17Orders for financial provision and property adjustment.
  25. 18Matters to which the court is to have regard in exercising its powers under s. 17.
  26. 19Consent orders for financial provision or property adjustment.
  27. 20Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.
  28. 21Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973.
  29. Orders for transfer of tenancies
  30. 22Powers of court in relation to certain tenancies of dwelling-houses.
  31. Avoidance of transactions intended to prevent or reduce financial relief
  32. 23Avoidance of transactions intended to defeat applications for financial relief.
  33. 24Prevention of transactions intended to defeat prospective applications for financial relief.
  34. Financial provision out of estate of deceased party to marriage
  35. 25Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses.
  36. Recovery of maintenance in magistrates’ courts after overseas divorce etc.
  37. 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  38. Interpretation
  39. 27Interpretation of Part III.
  40. Part IV: Financial Provision in Scotland After Overseas Divorce Etc.
  41. 28Circumstances in which a Scottish court may entertain application for financial provision.
  42. 29Disposal of application in Scotland.
  43. 29AApplication of Part IV to annulled marriages.
  44. 30Interpretation of Part IV.
  45. 31Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.
  46. Part 4A: The Family Court
  47. 31AEstablishment of the family court
  48. 31BSittings
  49. 31CJudges
  50. 31DComposition of the court and distribution of its business
  51. 31EFamily court has High Court and county court powers
  52. 31FProceedings and decisions
  53. 31GWitnesses and evidence
  54. 31HContempt of court: power to limit court's powers
  55. 31IPowers of the High Court in respect of family court proceedings
  56. 31JOverview of certain powers of the court under other Acts
  57. 31KAppeals
  58. 31LEnforcement
  59. 31MRecords of proceedings
  60. 31NSummonses and other documents
  61. 31OFunction of giving legal advice to judges
  62. 31POrders, regulations and rules under Part 4A
  63. Part 4B: Family proceedings: prohibition of cross-examination in person
  64. 31QProhibition of cross-examination in person: introductory
  65. 31RProhibition of cross-examination in person: victims of offences
  66. 31SProhibition of cross-examination in person: persons protected by injunctions etc
  67. 31TProhibition of cross-examination in person: evidence of domestic abuse
  68. 31UDirection for prohibition of cross-examination in person: other cases
  69. 31VDirections under section 31U: supplementary
  70. 31WAlternatives to cross-examination in person
  71. 31XCosts of legal representatives appointed under section 31W(6)
  72. 31YGuidance for legal representatives appointed under section 31W(6)
  73. 31ZRegulations under Part 4B
  74. Part V: Family Business: Distribution and Transfer
  75. Preliminary
  76. 32What is family business.
  77. Jurisdiction of county courts in matrimonial causes and matters
  78. 33Jurisdiction of county courts in matrimonial causes. Repealed
  79. 34Jurisdiction of divorce county courts as respects financial relief and protection of children. Repealed
  80. 35Consideration of agreements or arrangements. Repealed
  81. 36Assignment of Circuit judges to matrimonial proceedings. Repealed
  82. Jurisdiction of county courts in civil partnership causes and matters
  83. 36AJurisdiction of county courts in civil partnership causes Repealed
  84. 36BJurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children Repealed
  85. 36CConsideration of agreements or arrangements Repealed
  86. 36DAssignment of circuit judges to civil partnership proceedings Repealed
  87. Distribution and transfer of family business and proceedings
  88. 37Directions as to distribution and transfer of family business and proceedings.
  89. 38Transfer of family proceedings from High Court ....
  90. 39Transfer of family proceedings to High Court ....
  91. Rules of court and fees
  92. 40Family proceedings rules. Repealed
  93. 40AProcess for making rules of court under section 40 Repealed
  94. 40BRules to be made if required by Lord Chancellor Repealed
  95. 41Fees in family proceedings. Repealed
  96. County court proceedings in principal registry
  97. 42County court proceedings in principal registry of Family Division. Repealed
  98. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882
  99. 43Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882.
  100. Magistrates’ courts’ domestic jurisdiction
  101. 44Family proceedings in magistrates’ courts to include applications to alter maintenance agreements. Repealed
  102. Part VI: Miscellaneous and General
  103. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  104. 46Amendments, transitional provisions and repeals.
  105. 47Commencement.
  106. 48Short title and extent.
  107. Schedule 1: Minor and Consequential Amendments
  108. Maintenance Orders Act 1950 (c. 37)
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
  112. 3Paragraph 3
  113. Maintenance Orders Act 1958 (c. 39)
  114. 4Paragraph 4 Repealed
  115. 5Paragraph 5
  116. Succession (Scotland) Act 1964 (c. 41)
  117. 6Paragraph 6
  118. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
  119. 7Paragraph 7
  120. Administration of Justice Act 1970 (c. 31)
  121. 8Paragraph 8
  122. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
  123. 9Paragraph 9 Repealed
  124. Matrimonial Causes Act 1973 (c. 18)
  125. 10Paragraph 10
  126. 11Paragraph 11
  127. 12Paragraph 12
  128. 13Paragraph 13
  129. 14Paragraph 14 Repealed
  130. 15Paragraph 15
  131. 16Paragraph 16 Repealed
  132. Domicile and Matrimonial Proceedings Act 1973 (c. 45)
  133. 17Paragraph 17
  134. 18Paragraph 18 Repealed
  135. Children Act 1975 (c. 72)
  136. 19Paragraph 19
  137. Adoption Act 1976 (c. 36)
  138. 20Paragraph 20 Repealed
  139. Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
  140. 21Paragraph 21
  141. 22Paragraph 22
  142. 23Paragraph 23 Repealed
  143. 24Paragraph 24
  144. 25Paragraph 25
  145. 26Paragraph 26 Repealed
  146. 27Paragraph 27
  147. Land Registration (Scotland) Act 1979 (c. 33)
  148. 28Paragraph 28 Repealed
  149. County Courts Act 1984 (c. 28)
  150. 29Paragraph 29 Repealed
  151. 30Paragraph 30
  152. 31Paragraph 31 Repealed
  153. Schedule 2: Transitional Provisions
  154. Time restrictions on petitions for divorce
  155. 1Paragraph 1
  156. Time restrictions on petitions for nullity
  157. 2Paragraph 2
  158. Scope of “matrimonial cause” for Part V purposes Not yet in force
  159. 3Paragraph 3 Not yet in force
  160. Schedule 3Repeals