Matrimonial Causes (Northern Ireland) Order 1978

1978/1045 · Made 25 July 1978 · Extends to Northern Ireland

Contents

1. Part I: INTRODUCTORY
2. 1Title and commencement
3. 2Interpretation
4. Part II: DIVORCE, NULLITY AND OTHER MATRIMONIAL SUITS
5. Divorce
6. 3Divorce on breakdown of marriage
7. 4Supplemental provisions as to facts raising presumption of breakdown
8. 5Bar on petitions for divorce within two years of marriage
9. 6Divorce not precluded by previous judicial separation
10. 7Refusal of decree in five year separation cases on grounds of grave hardship to respondent
11. 8Encouragement of reconciliation of parties to marriage
12. 9Consideration by the court of certain agreements or arrangements
13. 10Intervention by Crown Solicitor
14. 11Proceedings after decree nisi: general powers of court
15. 12Proceedings after decree nisi: special protection for respondent in separation cases
16. Nullity
17. 13Grounds on which a marriage is void
18. 14Grounds on which a marriage is voidable
19. 14AMarriage converted from a civil partnership: when voidable
20. 15Jurisdiction of court, and form of order, etc., in nullity proceedings
21. 16Bars to relief where marriage is voidable
22. 17Marriages governed by foreign law or celebrated abroad under certain enactments or under common law
23. 18Effect of decree of nullity in case of voidable marriage
24. Other matrimonial suits
25. 19Judicial separation
26. 20Effects of judicial separation
27. 21Presumption of death and dissolution of marriage Repealed
28. General
29. 22Relief for respondent in proceedings for divorce, judicial separation or nullity
30. Part III: FINANCIAL RELIEF FOR PARTIES TO MARRIAGE AND CHILDREN OF FAMILY
31. Financial provision and property adjustment orders
32. 23Financial provision and property adjustment orders
33. 23APension sharing orders
34. 23BPension compensation sharing orders
35. 23CPension compensation: interpretation
36. Ancillary relief in connection with divorce proceedings, etc.
37. 24Maintenance pending suit
38. 25Financial provision orders in connection with divorce proceedings, etc.
39. 26Property adjustment orders in connection with divorce proceedings, etc.
40. 26APension sharing orders in connection with divorce proceedings, etc.
41. 26BPension sharing orders: duty to stay
42. 26CPension sharing orders: apportionment of charges
43. 26DPension compensation sharing orders in connection with divorce proceedings
44. 26EPension compensation sharing orders: duty to stay
45. 26FPension compensation sharing orders: apportionment of charges
46. 27Matters to which court is to have regard in deciding how to exercise its powers under Articles 25 , 26, 26A and 26D
47. 27AExercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage
48. 27BPensions
49. 27CPensions: lump sums
50. 27DPensions: supplementary
51. 27EThe Pension Protection Fund
52. 27FAttachment of pension compensation
53. 27GPension compensation: supplementary
54. 28Commencement of proceedings for ancillary relief, etc.
55. Financial provision in case of neglect to maintain
56. 29Financial provision orders in case of neglect by party to marriage to maintain other party or child of the family
57. Additional provisions with respect to financial provision and property adjustment orders
58. 30Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership
59. 31Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour
60. 32Direction for settlement of instrument for securing payments or effecting property adjustment
61. Variation, discharge and enforcement of certain orders, etc.
62. 33Variation, discharge, etc., of certain orders for financial relief
63. 34Payment of certain arrears unenforceable without the leave of the court
64. 35Orders for repayment in certain cases of sums paid under certain orders
65. Consent orders
66. 35AConsent orders for financial provision or property adjustment
67. Maintenance agreements
68. 36Validity of maintenance agreements
69. 37Alteration of agreements by the court, or by a court of summary jurisdiction, during lives of parties
70. 38Alteration of agreements by the High Court, or by a county court, after death of one party
71. Miscellaneous and supplemental
72. 39Avoidance of transactions intended to prevent or reduce financial relief
73. 40Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership
74. 41Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor
75. 42Payments, etc., under order made in favour of person suffering from mental disorder
76. 42AAppeals relating to pension sharing orders which have taken effect
77. 42BAppeals relating to pension compensation sharing orders which have taken effect
78. IVPROTECTION, CUSTODY, ETC., OF CHILDREN
79. 43Reference for conciliation and report on children
80. 44Restrictions on decrees for dissolution, annulment or separation affecting children
81. VMISCELLANEOUS AND SUPPLEMENTAL
82. 48The court
83. 49Jurisdiction of court
84. 49AJurisdiction of court: proceedings in relation to a marriage of a same-sex couple
85. 50Matrimonial relief in respect of polygamous marriages
86. 51Collusion, etc.
87. 52Evidence
88. 53Parties to proceedings under this Order
89. 55Extension of section 17 of married Women's Property Act 1882
90. 55AExtension of time limit: mediation Repealed
91. 57Abolition of right to claim damages for adultery
92. 58Abolition of actions for enticement and harbouring of a spouse
93. 59Abolition of right to claim restitution of conjugal rights
94. 60Abolition of wife's agency of necessity
95. 62Transitional provisions and savings
96. Schedule 1: STAYING OF MATRIMONIAL PROCEEDINGS
97. Part: Interpretation
98. 1Paragraph 1
99. 2Paragraph 2
100. 3Paragraph 3
101. 4Paragraph 4
102. 5Paragraph 5
103. 6Paragraph 6
104. Part: Duty to furnish particulars of concurrent proceedings in another jurisdiction
105. 7Paragraph 7
106. Part: Obligatory stays
107. 8Paragraph 8
108. Part: Discretionary stays
109. 9Paragraph 9
110. Part: Supplementary
111. 10Paragraph 10
112. 11Paragraph 11
113. Schedule Schedule
114. Schedule 3: TRANSITIONAL PROVISIONS AND SAVINGS
115. Part I: MISCELLANEOUS AND GENERAL
116. Interpretation
117. 1Paragraph 1
118. General transitional provisions and savings
119. 2Paragraph 2
120. 3Paragraph 3
121. 4Paragraph 4
122. 5Paragraph 5
123. Specific transitional provisions and savings
124. 6Paragraph 6
125. 7Paragraph 7
126. 8Paragraph 8
127. 9Paragraph 9
128. 10Paragraph 10
129. 11Paragraph 11
130. 12Paragraph 12
131. 13Paragraph 13
132. 14Paragraph 14
133. 15Paragraph 15
134. 16Paragraph 16
135. 17Paragraph 17
136. Part II: PRESERVATION FOR LIMITED PURPOSES OF CERTAIN STATUTORY PROVISIONS
137. Nullity
138. 18Paragraph 18
139. 19Paragraph 19
140. Succession on intestacy in case of judicial separation
141. 20Paragraph 20
142. Part III: ASSIMILATION IN CERTAIN RESPECTS TO ORDERS UNDER THIS ORDER OF ORDERS MADE, ETC., UNDER THE ACT OF 1939, ETC.
143. Cesser on remarriage of orders made, etc., under the Act of 1939 or 1951 and recovery of sums mistakenly paid thereafter
144. 21Paragraph 21
145. 22Paragraph 22
146. Variation, etc., of certain orders made, etc., under the Act of 1939, etc.
147. 23Paragraph 23
148. 24Paragraph 24
149. 25Paragraph 25
150. Orders made under the Acts of 1939 and 1951 to count as orders under this Order for certain purposes
151. 26Paragraph 26
152. Application of provisions of this Order with respect to enforcement of arrears and recovery of excessive payments to certain orders made, etc., under the Acts of 1939 and 1951
153. 27Paragraph 27
154. 28Paragraph 28
155. Avoidance under this Order of transactions intended to defeat claims for relief and relief granted under the Acts of 1939 and 1951
156. 29Paragraph 29
157. Care and supervision of children
158. 30Paragraph 30
159. Part IV: SAVING FOR INTERPRETATION ACT
160. 31Paragraph 31
161. Schedule Schedule
162. Schedule Schedule