Financial and property order definitions MCA 1973 s. 21
MCA 1973 s. 21 defines financial provision orders under section 23 or 27 and property adjustment orders under section 24 in family proceedings.
The financial provision orders for the purposes of this Act are the orders for periodical or lump sum provision available (subject to the provisions of this Act) under section 23 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation and under section 27(6) below on proof of neglect by one party to a marriage to provide, or to make a proper contribution towards, reasonable maintenance for the other or a child of the family, that is to say— any order for periodical payments in favour of a party to a marriage under section 23(1)(a) or 27(6)(a) or in favour of a child of the family under section 23(1)(d), (2) or (4) or 27(6)(d); any order for secured periodical payments in favour of a party to a marriage under section 23(1)(b) or 27(6)(b) or in favour of a child of the family under section 23(1)(e), (2) or (4) or 27(6)(e); and any order for lump sum provision in favour of a party to a marriage under section 23(1)(c) or 27(6)(c) or in favour of a child of the family under section 23(1)(f), (2) or (4) or 27(6)(f); and references in this Act (except in paragraphs 17(1) and 23 of Schedule 1 below) to periodical payments orders, secured periodical payments orders, and orders for the payment of a lump sum are references to all or some of the financial provision orders requiring the sort of financial provision in question according as the context of each reference may require. The property adjustment orders for the purposes of this Act are the orders dealing with property rights available (subject to the provisions of this Act) under section 24 below for the purpose of adjusting the financial position of the parties to a marriage and any children of the family on or after the making of a divorce, nullity of marriage or judicial separation order, that is to say— any order under subsection (1)(a) of that section for a transfer of property; any order under subsection (1)(b) of that section for a settlement of property; and any order under subsection (1)(c) or (d) of that section for a variation of settlement. See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 21 acts as the definition clause for financial and property orders under the Matrimonial Causes Act 1973. It establishes two distinct categories of court orders available during divorce, nullity, judicial separation, or maintenance neglect proceedings.
Financial provision orders cover payments intended to support a spouse or child of the family. These consist of regular periodical payments, secured periodical payments, and lump sum payments under section 23 or section 27.
Property adjustment orders deal directly with legal rights in property under section 24. These include transferring property from one party to another, settling property for a party or child, or altering existing property settlements.
When it applies
- A former spouse requesting regular monthly payments to support a child of the family.
- A party seeking a one-time lump sum payment from their ex-spouse following divorce proceedings.
- A husband or wife applying for the transfer of ownership of the family home into their name under section 24.
- A spouse seeking maintenance payments after proving that their partner neglected to provide reasonable financial support under section 27.
What this section does not say
- Pension sharing orders, which are defined separately in other pension sections of the Act.
- Temporary maintenance requested while court proceedings are still ongoing.
- Orders directing the physical sale of property rather than the adjustment of property ownership rights.
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This page reproduces the text of MCA 1973 s. 21 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.