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Matrimonial and Family Proceedings Act 1984 in Scotland

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. 2Extension of period for proceedings for decree of nullity in respect of voidable marriage.
  2. Provisions relating to powers of the High Court and county courts
  3. 3Orders for financial relief after divorce etc.
  4. 4Orders for financial relief in case of neglect to maintain.
  5. 5Duration of orders for periodical payments and effect of remarriage.
  6. 6Variation and discharge of orders for periodical payments.
  7. 7Consent orders for financial provision or property adjustment.
  8. 8Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975.
  9. Provisions relating to the powers of magistrates’ courts
  10. 9Orders for financial relief made by magistrates’ courts in matrimonial proceedings.
  11. 10Orders for payments which have been agreed by the parties.
  12. 11Variation of consent orders by magistrates’ courts.
  13. Applications for financial relief
  14. 13Leave of the court required for applications for financial relief.
  15. 14Interim orders for maintenance.
  16. Orders for financial provision and property adjustment
  17. 19Consent orders for financial provision or property adjustment.
  18. 20Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.
  19. Orders for transfer of tenancies
  20. Avoidance of transactions intended to prevent or reduce financial relief
  21. Financial provision out of estate of deceased party to marriage
  22. 25Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses.
  23. Recovery of maintenance in magistrates’ courts after overseas divorce etc.
  24. Interpretation
  25. Part IV: Financial Provision in Scotland After Overseas Divorce Etc.
  26. 28Circumstances in which a Scottish court may entertain application for financial provision.
  27. 29Disposal of application in Scotland.
  28. 29AApplication of Part IV to annulled marriages.
  29. 30Interpretation of Part IV.
  30. 31Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.
  31. 31AEstablishment of the family court
  32. 31BSittings
  33. 31DComposition of the court and distribution of its business
  34. 31FProceedings and decisions
  35. 31GWitnesses and evidence
  36. 31HContempt of court: power to limit court's powers
  37. 31IPowers of the High Court in respect of family court proceedings
  38. 31JOverview of certain powers of the court under other Acts
  39. 31KAppeals
  40. 31MRecords of proceedings
  41. 31NSummonses and other documents
  42. Part 4B: Family proceedings: prohibition of cross-examination in person
  43. 31QProhibition of cross-examination in person: introductory
  44. 31RProhibition of cross-examination in person: victims of offences
  45. 31SProhibition of cross-examination in person: persons protected by injunctions etc
  46. 31TProhibition of cross-examination in person: evidence of domestic abuse
  47. 31UDirection for prohibition of cross-examination in person: other cases
  48. 31VDirections under section 31U: supplementary
  49. 31WAlternatives to cross-examination in person
  50. 31XCosts of legal representatives appointed under section 31W(6)
  51. 31YGuidance for legal representatives appointed under section 31W(6)
  52. 31ZRegulations under Part 4B
  53. Preliminary
  54. Jurisdiction of county courts in matrimonial causes and matters
  55. 34Jurisdiction of divorce county courts as respects financial relief and protection of children. Repealed
  56. 35Consideration of agreements or arrangements. Repealed
  57. 36BJurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children Repealed
  58. 36CConsideration of agreements or arrangements Repealed
  59. County court proceedings in principal registry
  60. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882
  61. 43Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882.
  62. Magistrates’ courts’ domestic jurisdiction
  63. Part VI: Miscellaneous and General
  64. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  65. 46Amendments, transitional provisions and repeals.
  66. 47Commencement.
  67. 48Short title and extent.
  68. Schedule 1: Minor and Consequential Amendments
  69. Maintenance Orders Act 1950 (c. 37)
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
  73. 3Paragraph 3
  74. Maintenance Orders Act 1958 (c. 39)
  75. 4Paragraph 4 Repealed
  76. 5Paragraph 5
  77. Succession (Scotland) Act 1964 (c. 41)
  78. 6Paragraph 6
  79. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
  80. 7Paragraph 7
  81. Administration of Justice Act 1970 (c. 31)
  82. 8Paragraph 8
  83. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
  84. 9Paragraph 9 Repealed
  85. Matrimonial Causes Act 1973 (c. 18)
  86. 10Paragraph 10
  87. 11Paragraph 11
  88. 12Paragraph 12
  89. 13Paragraph 13
  90. 14Paragraph 14 Repealed
  91. 15Paragraph 15
  92. 16Paragraph 16 Repealed
  93. Domicile and Matrimonial Proceedings Act 1973 (c. 45)
  94. 17Paragraph 17
  95. 18Paragraph 18 Repealed
  96. Children Act 1975 (c. 72)
  97. 19Paragraph 19
  98. Adoption Act 1976 (c. 36)
  99. 20Paragraph 20 Repealed
  100. Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
  101. 21Paragraph 21
  102. 22Paragraph 22
  103. 24Paragraph 24
  104. 25Paragraph 25
  105. 26Paragraph 26 Repealed
  106. 27Paragraph 27
  107. Land Registration (Scotland) Act 1979 (c. 33)
  108. 28Paragraph 28 Repealed
  109. County Courts Act 1984 (c. 28)
  110. 29Paragraph 29 Repealed
  111. 30Paragraph 30
  112. 31Paragraph 31 Repealed
  113. Time restrictions on petitions for divorce
  114. 1Paragraph 1
  115. Time restrictions on petitions for nullity
  116. 2Paragraph 2
  117. Scope of “matrimonial cause” for Part V purposes Not yet in force
  118. 3Paragraph 3 Not yet in force