Section 28 Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership.F20

F1Subject in the case of an order made on or after the F2making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits, that is to say—

Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the F9making of a divorce or nullity of marriage order, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the F10periodical payments or secured periodical payments order

Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the F11making of a divorce or nullity of marriage order, and the marriage in question is subsequently dissolved or annulled but the F12periodical payments or secured periodical payments order continues in force, that order shall, notwithstanding anything in it, cease to have effect on the remarriage of F13, or formation of a civil partnership by, that party, except in relation to any arrears due under it on the date of the remarriage F14or formation of the civil partnership.

If after the F15grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries F16whether at any time before or after the commencement of this Act F17or forms a civil partnership, that party shall not be entitled to apply, by reference to the F18grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.

See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).