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Matrimonial and Family Proceedings Act 1984

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Matrimonial and Family Proceedings Act 1984 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Changes and effects yet to be applied to :

  • s. 1 repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 15 words omitted by S.I. 2019/519 Sch. para. 13(2)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(1) words substituted by S.I. 2019/519, Sch. para. 13(2)(a) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 15(1A) omitted by S.I. 2019/519 Sch. para. 13(2)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(1A) words substituted by S.I. 2019/519, Sch. para. 13(2)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 15(3) omitted by S.I. 2019/519 Sch. para. 13(2)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(i))
  • s. 15(3) words substituted by S.I. 2019/519, Sch. para. 13(2)(c) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 17(1) amended (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(2)
  • s. 21(a) replaced (by s.21(a)(aa)) (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(3)
  • s. 21(f) repealed in part (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 22 substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 3 para. 52
  • s. 0027 (defn. of "secured periodical payments order") repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10
  • s. 27 (defn. of "property adjustment order") substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(4)
  • s. 28(1) words omitted by S.I. 2019/519 Sch. para. 13(4)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(1) words substituted by S.I. 2019/519, Sch. para. 13(4)(a) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 28(3A) omitted by S.I. 2019/519 Sch. para. 13(4)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(5) omitted by S.I. 2019/519 Sch. para. 13(4)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/519, Sch. para. 13(2) substituted (17.12.2020) by S.I. 2020/1574, regs. 1, 5(3)(e)(ii))
  • s. 28(5) substituted by S.I. 2019/519, Sch. para. 13(4)(c) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 31R(5) words substituted by 2022 c. 32 Sch. 11 para. 8
  • s. 32 (defn. of "matrimonial cause") substituted (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 32(5)
  • s. 38 39 power to excluded (prosp.) by 1996 c. 27 s. 57(7)
  • s. 40(2)(a) word repealed by 2002 c. 38 Sch. 3 para. 44 Sch. 5 (This amendment not applied to legislation.gov.uk. Sch. 3 para. 44 repealed (6.4.2011) without ever having been brought into force by 2003 c. 39 Sch. 10; S.I. 2010/2921, art. 3)
  • s. 40(2)(a) words inserted by 2002 c. 38 Sch. 3 para. 44 (This amendment not applied to legislation.gov.uk. Sch. 3 para. 44 repealed (6.4.2011) without ever having been brought into force by 2003 c. 39 Sch. 10; S.I. 2010/2921, art. 3)
  • Sch. 1 para. 10 repealed (prosp.) by 1996 c. 27 s. 66(3) Sch. 10

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 28(1A) words substituted by S.I. 2019/519, Sch. para. 13(4)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(e)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • s. 40(4A) inserted by 2010 c. 26 Sch. 3 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

  1. Introductory Text

  2. Part I Time Restrictions on Presentation of Petitions for Divorce or Nullity of Marriage

    1. 1. Bar on petitions for divorce within one year of marriage.

    2. 2. Extension of period for proceedings for decree of nullity in respect of voidable marriage.

  3. Part II Financial Relief in Matrimonial Proceedings

    1. Provisions relating to powers of the High Court and county courts

      1. 3. Orders for financial relief after divorce etc.

      2. 4. Orders for financial relief in case of neglect to maintain.

      3. 5. Duration of orders for periodical payments and effect of remarriage.

      4. 6. Variation and discharge of orders for periodical payments.

      5. 7. Consent orders for financial provision or property adjustment.

      6. 8. Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975.

    2. Provisions relating to the powers of magistrates’ courts

      1. 9. Orders for financial relief made by magistrates’ courts in matrimonial proceedings.

      2. 10. Orders for payments which have been agreed by the parties.

      3. 11. Variation of consent orders by magistrates’ courts.

  4. Part III Financial Relief in England and Wales After Overseas Divorce etc.

    1. Applications for financial relief

      1. 12. Applica tions for financial relief after overseas divorce etc.

      2. 13. Leave of the court required for applications for financial relief.

      3. 14. Interim orders for maintenance.

      4. 15. Jurisdiction of the court.

      5. 16. Duty of the court to consider whether England and Wales is appropriate venue for application.

    2. Orders for financial provision and property adjustment

      1. 17. Orders for financial provision and property adjustment.

      2. 18. Matters to which the court is to have regard in exercising its powers under s. 17.

      3. 19. Consent orders for financial provision or property adjustment.

      4. 20. Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.

      5. 21. Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973.

    3. Orders for transfer of tenancies

      1. 22. Powers of court in relation to certain tenancies of dwelling-houses.

    4. Avoidance of transactions intended to prevent or reduce financial relief

      1. 23. Avoidance of transactions intended to defeat applications for financial relief.

      2. 24. Prevention of transactions intended to defeat prospective applications for financial relief.

    5. Financial provision out of estate of deceased party to marriage

      1. 25. Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses.

    6. Recovery of maintenance in magistrates’ courts after overseas divorce etc.

      1. 26. Financial Relief in England and Wales After Overseas Divorce

    7. Interpretation

      1. 27. Interpretation of Part III.

  5. Part IV Financial Provision in Scotland After Overseas Divorce Etc.

    1. 28. Circumstances in which a Scottish court may entertain application for financial provision.

    2. 29. Disposal of application in Scotland.

    3. 29A. Application of Part IV to annulled marriages.

    4. 30. Interpretation of Part IV.

    5. 31. Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.

  6. Part 4A The Family Court

    1. 31A.Establishment of the family court

    2. 31B.Sittings

    3. 31C.Judges

    4. 31D.Composition of the court and distribution of its business

    5. 31E.Family court has High Court and county court powers

    6. 31F.Proceedings and decisions

    7. 31G.Witnesses and evidence

    8. 31H.Contempt of court: power to limit court's powers

    9. 31I.Powers of the High Court in respect of family court proceedings

    10. 31J.Overview of certain powers of the court under other Acts

    11. 31K.Appeals

    12. 31L.Enforcement

    13. 31M.Records of proceedings

    14. 31N.Summonses and other documents

    15. 31O.Function of giving legal advice to judges

    16. 31P.Orders, regulations and rules under Part 4A

  7. PART 4B Family proceedings: prohibition of cross-examination in person

    1. 31Q.Prohibition of cross-examination in person: introductory

    2. 31R.Prohibition of cross-examination in person: victims of offences

    3. 31S.Prohibition of cross-examination in person: persons protected by injunctions etc

    4. 31T.Prohibition of cross-examination in person: evidence of domestic abuse

    5. 31U.Direction for prohibition of cross-examination in person: other cases

    6. 31V.Directions under section 31U: supplementary

    7. 31W.Alternatives to cross-examination in person

    8. 31X.Costs of legal representatives appointed under section 31W(6)

    9. 31Y.Guidance for legal representatives appointed under section 31W(6)

    10. 31Z.Regulations under Part 4B

  8. Part V Family Business: Distribution and Transfer

    1. Preliminary

      1. 32. What is family business.

    2. Jurisdiction of county courts in matrimonial causes and matters

      1. 33. Jurisdiction of county courts in matrimonial causes.

      2. 34. Jurisdiction of divorce county courts as respects financial relief and protection of children.

      3. 35. Consideration of agreements or arrangements.

      4. 36. Assignment of Circuit judges to matrimonial proceedings.

    3. Jurisdiction of county courts in civil partnership causes and matters

      1. 36A.Jurisdiction of county courts in civil partnership causes

      2. 36B.Jurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children

      3. 36C.Consideration of agreements or arrangements

      4. 36D.Assignment of circuit judges to civil partnership proceedings

    4. Distribution and transfer of family business and proceedings

      1. 37. Directions as to distribution and transfer of family business and proceedings.

      2. 38. Transfer of family proceedings from High Court ...

      3. 39. Transfer of family proceedings to High Court ....

    5. Rules of court and fees

      1. 40. Family proceedings rules.

      2. 40A.Process for making rules of court under section 40

      3. 40B.Rules to be made if required by Lord Chancellor

      4. 41. Fees in family proceedings.

    6. County court proceedings in principal registry

      1. 42. County court proceedings in principal registry of Family Division.

    7. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882

      1. 43. Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882.

    8. Magistrates’ courts’ domestic jurisdiction

      1. 44. Family proceedings in magistrates’ courts to include applications to alter maintenance agreements.

  9. Part VI Miscellaneous and General

    1. 45. Miscellaneous and General

    2. 46. Amendments, transitional provisions and repeals.

    3. 47. Commencement.

    4. 48. Short title and extent.

  10. SCHEDULES

    1. SCHEDULE 1

      Minor and Consequential Amendments

      1. Maintenance Orders Act 1950 (c. 37)

        1. 1.In section 16(2) of the Maintenance Orders Act 1950—

        2. 2.In section 18 of that Act, after subsection (2), there...

      2. Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)

        1. 3.In section 7 of the Matrimonial Causes (Property and Maintenance)...

      3. Maintenance Orders Act 1958 (c. 39)

        1. 4.. . . . . . . . . ....

        2. 5.In section 4 of that Act, after subsection (6A) there...

      4. Succession (Scotland) Act 1964 (c. 41)

        1. 6.In section 33(2) of the Succession (Scotland) Act 1964, at...

      5. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)

        1. 7.In section 8(1)(c) of the Law Reform (Miscellaneous Provisions) (Scotland)...

      6. Administration of Justice Act 1970 (c. 31)

        1. 8.In Schedule 8 to the Administration of Justice Act 1970...

      7. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

        1. 9. Minor and Consequential Amendments

      8. Matrimonial Causes Act 1973 (c. 18)

        1. 10.In section 1(4) of the Matrimonial Causes Act 1973 for...

        2. 11.In section 24A of that Act there shall be added...

        3. 12.In section 27 of that Act— (a) in subsection (3A)...

        4. 13.In section 35 of that Act— (a) in subsection (2)...

        5. 14. Minor and Consequential Amendments

        6. 15.In section 47(2) of that Act after paragraph (d) there...

        7. 16. Minor and Consequential Amendments

      9. Domicile and Matrimonial Proceedings Act 1973 (c. 45)

        1. 17.In section 5(1) of the Domicile and Matrimonial Proceedings Act...

        2. 18. Minor and Consequential Amendments

      10. Children Act 1975 (c. 72)

        1. 19.In section 100 of the Children Act 1975—

      11. Adoption Act 1976 (c. 36)

        1. 20. Minor and Consequential Amendments

      12. Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

        1. 21.In section 1 of the Domestic Proceedings and Magistrates’ Courts...

        2. 22.In section 7(5) of that Act, for the words “subsection...

        3. 23. Minor and Consequential Amendments

        4. 24.In section 19 of that Act, after subsection (3), there...

        5. 25.In section 20(8) of that Act, after the word “respondent”...

        6. 26. Minor and Consequential Amendments

        7. 27.In Schedule 1 to that Act— (a) in paragraph 2,...

      13. Land Registration (Scotland) Act 1979 (c. 33)

        1. 28.In section 12(3)(b) of the Land Registration (Scotland) Act 1979...

      14. County Courts Act 1984 (c. 28)

        1. 29. Minor and Consequential Amendments

        2. 30.In section 41 of that Act there shall be added...

        3. 31. Minor and Consequential Amendments

    2. SCHEDULE 2

      Transitional Provisions

      1. Time restrictions on petitions for divorce

        1. 1.(1) Where at the coming into force of section 1...

      2. Time restrictions on petitions for nullity

        1. 2.An application for leave under section 13(4) of the Matrimonial...

      3. Scope of “matrimonial cause” for Part V purposes

        1. 3.For the purposes of Part V of this Act “matrimonial...

    3. SCHEDULE 3

      Repeals

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