Statutory Instrument 1989 No. 677 (N.I. 4)

      The Matrimonial and Family Proceedings (Northern Ireland) Order 1989


      © Crown Copyright 1989

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STATUTORY INSTRUMENTS

1989 No. 677 (N.I. 4)

NORTHERN IRELAND

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

Made 18th April 1989
Coming into operation in accordance with Article 1


ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1.  Title and commencement.
2.  Interpretation.
PART II
TIME RESTRICTIONS ON PRESENTATION OF PETITIONS FOR DIVORCE OR NULLITY OF MARRIAGE
3.  Bar on petitions for divorce within two years of marriage.
4.  Extension of period for proceedings for decree of nullity in respect of voidable marriage.
PART III
FINANCIAL RELIEF IN MATRIMONIAL PROCEEDINGS
Provisions relating to powers of the High Court and county courts
5.  Interest on lump sums.
6.  Orders for financial relief after divorce, etc.
7.  Orders for financial relief in case of neglect to maintain.
8.  Duration of orders for periodical payments and effect of remarriage.
9.  Variation and discharge of orders for periodical payments.
10.  Consent orders for financial provision or property adjustment.
11.  Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.
Provisions relating to powers of courts of summary jurisdiction
12.  Orders for financial relief made by courts of summary jurisdiction in matrimonial proceedings.
13.  Orders for payments which have been agreed by the parties.
14.  Variation of consent orders by courts of summary jurisdiction.
15.  Domestic proceedings in courts of summary jurisdiction to include applications to alter maintenance agreements.
PART IV
FINANCIAL RELIEF IN NORTHERN IRELAND AFTER OVERSEAS DIVORCE ETC.
Applications for financial relief
16.  Applications for financial relief after overseas divorce etc.
17.  Leave of the court required for applications for financial relief.
18.  Interim orders for maintenance.
19.  Jurisdiction of the court.
20.  Duty of the court to consider whether Northern Ireland is appropriate venue for application.
Orders for financial provision and property adjustment
21.  Orders for financial provision and property adjustment.
22.  Matters to which the court is to have regard in exercising its powers under Article 21.
23.  Consent orders for financial provision or property adjustment.
24.  Restriction of powers of court where jurisdiction depends on matrimonial home in Northern Ireland.
25.  Application to orders under Articles 18 and 21 of certain provisions of Part III of the principal Order.
Orders for transfer of tenancies
26.  Powers of the court in relation to certain tenancies of dwelling-houses.
Avoidance of transactions intended to prevent or reduce financial relief
27.  Avoidance of transactions intended to defeat applications for financial relief.
28.  Prevention of transactions intended to defeat prospective applications for financial relief.
Financial provision out of estate of deceased party to marriage
29.  Extension of powers under Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 in respect of former spouses.
Interpretation
30.  Interpretation of Part IV.
PART V
DECLARATIONS OF STATUS
31.  Declarations as to marital status.
32.  Declarations as to legitimacy or legitimation.
33.  Declarations as to adoptions effected overseas.
34.  General provisions as to the making and effect of declarations.
35.  Provisions relating to the Attorney-General.
36.  Supplementary provisions as to declarations.
37.  Declarations in respect of polygamous marriages.
38.  Repeal of certain statutory provisions relating to declarations.
39.  Abolition of right to petition for jactitation of marriage.
40.  Meaning of "the court" and appeals from county courts.
PART VI
TRANSFER OF CERTAIN TENANCIES ON DIVORCE, ETC.
41.  Transfer of certain tenancies on divorce, etc.
PART VII
SUPPLEMENTAL PROVISIONS
42.  Amendments and repeals.
43.  Transitional provisions.

SCHEDULES:

  Schedule 1—  Transfer of certain tenancies on divorce, etc.

  Schedule 2;—  Amendments.

  Schedule 3—  Repeals.

 

Explanatory Note


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