Part IIFinancial Relief for Parties to Marriage and Children of Family
38 provisions
- MCA 1973 s. 21 Financial and property order definitions MCA 1973 s. 21 defines financial provision orders under section 23 or 27 and property adjustment orders under section 24 in family proceedings.
- MCA 1973 s. 21A Definition of pension sharing orders Under MCA 1973 s. 21A, a pension sharing order transfers a specified percentage value of one party's shareable pension rights to the other.
- MCA 1973 s. 21B Pension compensation sharing orders Section 21B MCA 1973 defines a pension compensation sharing order as transferring a percentage of one party's shareable PPF compensation to the other.
- MCA 1973 s. 21C Definitions: PPF compensation MCA 1973 s. 21C defines 'PPF compensation' as compensation payable under the pension compensation provisions, set out in the Pensions Acts 2004 and 2008.
- MCA 1973 s. 22 Maintenance pending suit Court may order periodical payments for maintenance from application date to suit determination, but s.22 forbids order for legal services.
- MCA 1973 s. 23 Spousal maintenance & lump sum orders MCA 1973 s. 23 allows court financial provision orders for spouses and children, including periodical payments, lump sums, and payment by instalments.
- MCA 1973 s. 24 Property transfer divorce nullity separation MCA 1973 s.24 Under s.24 MCA 1973, court may make property adjustment orders: transfer property, settle, or vary nuptial settlements on divorce, nullity, judicial separation.
- MCA 1973 s. 24A Section 24A Matrimonial Causes Act 1973: ordering the sale of property on divorce Section 24A MCA 1973 lets the court order a sale, but only alongside a lump sum, secured payments or property adjustment order - and third parties must be heard.
- MCA 1973 s. 24B Pension sharing orders in divorce etc. MCA 1973 s. 24B: court may make pension sharing orders in divorce/nullity, effective only after final decree, and not if already shared or subject to s.25B/25C.
- MCA 1973 s. 24C Pension sharing orders: duty to stay No pension sharing order may take effect before a period prescribed by regulations. Regulations are made by statutory instrument subject to annulment.
- MCA 1973 s. 24D Pension sharing charges apportionment The court may apportion charges under section 41 of the Welfare Reform and Pensions Act 1999 (or NI equivalent) when making a pension sharing order.
- MCA 1973 s. 24E Pension compensation sharing orders MCA 1973 s. 24E allows courts to share Pension Protection Fund compensation on divorce, taking effect once the divorce order is made final.
- MCA 1973 s. 24F Delaying pension compensation sharing Pension compensation sharing orders cannot take effect immediately; they must be stayed for a statutory period set by regulations from the Lord Chancellor.
- MCA 1973 s. 24G Pension compensation charges apportionment s.24G MCA 1973 Allows court to include in pension compensation sharing order provision about apportionment of charges under s.117 Pensions Act 2008 or NI equivalent.
- MCA 1973 s. 25 First consideration to children's welfare MCA 1973 s. 25: child's welfare first, then eight factors - resources, needs, standard of living, age, disability, contributions, conduct, lost benefits.
- MCA 1973 s. 25A Clean Break & Spousal Maintenance Courts must consider ending financial obligations as soon as just and reasonable, limiting maintenance to a term allowing adjustment without undue hardship.
- MCA 1973 s. 25B Pension attachment order allowed under Under MCA 1973 s. 25B, courts can make a pension attachment order requiring a percentage of pension payments to go to the other spouse.
- MCA 1973 s. 25C Pensions: lump sums on death Court's power under s.23 to order lump sum includes death lump sum from pension to other spouse. Excludes pension sharing orders.
- MCA 1973 s. 25D Supplementary rules for pension orders MCA 1973 s. 25D regulates how pension attachment orders transfer when schemes change, and empowers regulations on valuations, notices, and fees.
- MCA 1973 s. 25E PPF compensation in divorce Section 25E MCA 1973 requires court to consider PPF compensation in divorce orders and modifies orders when PPF takes over the scheme.
- MCA 1973 s. 25F Attachment of pension compensation Under section 25F, courts can order the Pension Protection Fund Board to pay a percentage of pension compensation directly to an ex-spouse.
- MCA 1973 s. 25G PPF compensation regulations MCA 1973 s. 25G empowers the Lord Chancellor to make regulations governing Pension Protection Fund compensation payments, valuation, and notices.
- MCA 1973 s. 26 Commencement of ancillary relief Allows applications for maintenance pending suit, financial provision, property adjustment after filing divorce/nullity/separation, subject to court rules.
- MCA 1973 s. 28 Duration of spousal maintenance orders Under MCA 1973 s. 28, spousal periodical payments cannot start before the application date and end upon death, remarriage, or civil partnership.
- MCA 1973 s. 29 Child maintenance duration and age limits MCA 1973 s. 29 sets age limits for child financial orders. Payments generally end by age 18, but can continue for education, training, or special cases.
- MCA 1973 s. 30 Direction for settlement of instrument MCA 1973 s. 30: court may refer to conveyancing counsel to settle an instrument; may defer divorce/nullity/judicial separation order until execution.
- MCA 1973 s. 31 Section 31 Matrimonial Causes Act 1973: varying a financial order after divorce Section 31 MCA 1973 sets out which financial orders can be varied or discharged - maintenance and instalment lump sums yes, capital and property orders largely no.
- MCA 1973 s. 32 Leave to Enforce Old Arrears Under MCA 1973 s. 32, maintenance arrears due for more than twelve months cannot be enforced in court without special permission (leave) from the court.
- MCA 1973 s. 33 Repayment of excess payments Repayment of excess maintenance payments when circumstances change or payer dies. Applies to pending suit, interim, periodical, secured periodical orders.
- MCA 1973 s. 33A Consent orders for financial provision Court may make consent order for financial relief on agreed terms using only prescribed info, unless it has reason to inquire further.
- MCA 1973 s. 34 Clauses barring court access are void Under MCA 1973 s. 34, clauses in written marital maintenance agreements that attempt to restrict access to court are void, while other terms remain binding.
- MCA 1973 s. 35 Alteration of maintenance agreements Court can vary or insert financial arrangements in maintenance agreements if circumstances change; payments limited to death/remarriage - MCA 1973 s. 35
- MCA 1973 s. 36 Post-death maintenance agreement changes MCA 1973 s. 36 allows a surviving party or personal representative to ask the court to alter a maintenance agreement within six months of probate.
- MCA 1973 s. 37 Three-year presumption under MCA 1973 s.37 Section 37 MCA 1973 lets the court freeze or set aside dispositions made to defeat financial relief claims, with a presumption of intent if within three years.
- MCA 1973 s. 38 Repayment of maintenance post-remarriage Under MCA 1973 s. 38, a payer who mistakenly continued spousal maintenance after the recipient remarried may apply to court to recover those payments.
- MCA 1973 s. 39 Undoing divorce transfers in bankruptcy A property transfer made under a family court order is not immune from being set aside as a transaction at undervalue or preference upon bankruptcy.
- MCA 1973 s. 40 Payments to person lacking capacity Court can order payments to a nominated person when the recipient lacks mental capacity; that person must act in the recipient's best interests. MCA 1973 s.40.
- MCA 1973 s. 40A Appeals on implemented pension sharing If a pension provider or the Secretary of State has acted to their detriment after a pension sharing order took effect, the court cannot set it aside.