Matrimonial Proceedings Act 2003
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AT 7 of 2003
MATRIMONIAL PROCEEDINGS ACT 2003
Matrimonial Proceedings Act 2003 Index
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MATRIMONIAL PROCEEDINGS ACT 2003
Index Section Page
PART 1 – PROCEEDINGS FOR DIVORCE, ANNULMENT ETC 9
Jurisdiction 9
1 Jurisdiction ....................................................................................................................... 9
Divorce 9
2 Divorce on breakdown of marriage ............................................................................. 9
3 Facts raising presumption of breakdown .................................................................. 10
4 Bar on divorce applications within one year of marriage ....................................... 11
5 Divorce not precluded by previous separation order ............................................. 12
6 Refusal of order in 5 year separation cases on hardship grounds ......................... 12
7 Attempts at reconciliation ........................................................................................... 13
8 Consideration of certain agreements or arrangements ........................................... 13
9 Special protection for respondent in 2- or 5-year separation cases ....................... 13
10 Relief for respondent in divorce proceedings ........................................................... 15
Annulment 15
11 Annulment of marriage ............................................................................................... 15
12 Grounds on which a marriage is void ....................................................................... 15
13 Grounds on which a marriage is voidable ................................................................ 16
13A Grounds on which a marriage converted from a civil partnership is void
or voidable ..................................................................................................................... 16
14 Bars to relief where marriage is voidable .................................................................. 17
15 Marriages governed by foreign law etc ..................................................................... 18
16 Effect of annulment order in case of voidable marriage ......................................... 18
Other matrimonial proceedings 18
17 Separation orders .......................................................................................................... 18
18 Presumption of death and dissolution of marriage ................................................. 19
19 Declarations as to marital status ................................................................................. 19
20 General provisions as to declarations ........................................................................ 20
General 20
21 Jurisdiction: further provisions ................................................................................... 20
21A Jurisdiction regulations ................................................................................................ 22
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22 Intervention of Attorney General............................................................................... 23
23 Provisional and final orders ........................................................................................ 23
24 Parties to proceedings under this Part ...................................................................... 24
25 Restriction on orders affecting children .................................................................... 25
PART 2 – PROCEEDINGS FOR MAINTENANCE ETC.- HIGH COURT 26
Financial orders 26
26 Orders under this Part ................................................................................................. 26
Ancillary relief in connection with divorce proceedings, etc 28
27 Maintenance pending suit ........................................................................................... 28
28 Financial provision orders in connection with divorce proceedings, etc ............. 28
29 Property adjustment orders in connection with divorce proceedings, etc .......... 29
30 Orders for sale of property.......................................................................................... 30
31 Pension sharing orders in connection with divorce proceedings etc ................... 31
32 Matters to which court is to have regard .................................................................. 31
33 Exercise of court’s powers on divorce or annulment .............................................. 33
34 Pensions: “earmarking” ............................................................................................... 33
35 Pensions: lump sums ................................................................................................... 34
36 Pensions: supplementary ............................................................................................ 35
37 Commencement of proceedings for ancillary relief, etc ......................................... 37
Financial provision in case of failure to maintain 38
38 Financial provision in case of failure to maintain .................................................... 38
39 Failure to maintain: supplemental ............................................................................. 39
Additional provisions with respect to financial provision and property
adjustment orders 40
40 Duration of continuing financial provision orders and effect of remarriage ...... 40
41 Duration of continuing financial provision orders in favour of children,
and age limit.................................................................................................................. 41
42 Direction for settlement of instrument for securing payments etc ....................... 42
Variation, revocation and enforcement of certain orders, etc 42
43 Variation, revocation etc., of certain orders for financial relief ............................. 42
44 Variation of orders: supplemental ............................................................................. 44
45 Payment of certain orders ........................................................................................... 45
46 Payment of certain arrears unenforceable without leave ....................................... 46
47 Orders for repayment .................................................................................................. 46
Consent orders 47
48 Consent orders for financial provision or property adjustment ............................ 47
Maintenance agreements 47
49 Validity of maintenance agreements ......................................................................... 47
50 Alteration of agreements by court during lives of parties ..................................... 48
51 Alteration of agreements by court after death of party .......................................... 50
Miscellaneous and supplemental 51
52 Avoidance of transactions intended to prevent or reduce financial relief ........... 51
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53 Orders for repayment after remarriage ..................................................................... 52
54 Avoidance of settlement etc. on settlor’s bankruptcy ............................................. 54
55 Payments, etc., under order made in favour of mental patient ............................. 54
56 Appeals relating to pension sharing orders which have taken effect ................... 54
PART 3 – PROCEEDINGS FOR MAINTENANCE ETC – COURTS OF
SUMMARY JURISDICTION 55
Jurisdiction 55
57 Jurisdiction ..................................................................................................................... 55
58 Refusal of order in case more suitable for High Court ............................................ 55
Maintenance orders 55
59 Grounds of application for maintenance orders ...................................................... 55
60 Powers of court to make maintenance orders .......................................................... 56
61 Matters to which court is to have regard................................................................... 56
62 Duration of maintenance orders in favour of party to marriage ........................... 58
63 Maintenance orders for children: age limit and duration ....................................... 58
64 Orders for payments which have been agreed by the parties ................................ 59
65 Powers of court where parties are living apart by agreement ............................... 61
Restrictions on exercise of court’s powers 62
66 Duty to consider exercise of powers as to children ................................................. 62
67 Reconciliation ................................................................................................................ 63
Interim orders 63
68 Interim orders ................................................................................................................ 63
Variation, revocation and cessation of orders etc 65
69 Variation, revival and revocation of orders for periodical payments ................... 65
70 Variation, revival and revocation: supplementary provisions............................... 66
71 Variation of instalments of lump sum ....................................................................... 67
72 Variation or revocation of orders: party outside the Island ................................... 67
73 Effect on certain orders of parties living together .................................................... 68
74 Powers of High Court in relation to certain orders ................................................. 69
General 69
75 Constitution of courts ................................................................................................... 69
76 Repayment of sums paid after cessation of order by reason of remarriage ......... 70
77 Interpretation of Part 3 ................................................................................................. 71
PART 4 – FINANCIAL RELIEF AFTER FOREIGN DIVORCE ETC 71
Applications for financial relief 71
78 Applications for financial relief after foreign divorce etc. ...................................... 71
79 Leave of the court required for applications for financial relief ............................ 72
80 Interim orders for maintenance .................................................................................. 72
81 Jurisdiction ..................................................................................................................... 72
82 Duty to consider whether the Island is appropriate venue for application ......... 73
Orders for financial provision and property adjustment 74
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83 Orders for financial provision and property adjustment ....................................... 74
84 Matters to which the court is to have regard in exercising its powers under
s 83 .................................................................................................................................. 74
85 Consent orders for financial provision or property adjustment ............................ 75
86 Restriction of powers of court where jurisdiction depends on matrimonial
home in the Island ........................................................................................................ 76
87 Application to orders under ss 80 and 83 of certain provisions of Part 2 ............ 77
Avoidance of transactions intended to prevent or reduce financial relief 78
88 Avoidance of transactions intended to defeat applications for financial
relief ................................................................................................................................ 78
89 Prevention of transactions intended to defeat prospective applications for
financial relief ............................................................................................................... 79
Interpretation 80
90 Interpretation of Part 4 ................................................................................................ 80
PART 5 – FAMILY HOMES AND DOMESTIC VIOLENCE 80
Jurisdiction 80
91 Jurisdiction .................................................................................................................... 80
Rights to occupy matrimonial or civil partnership home 82
92 Rights concerning home where one spouse or civil partner has no estate,
etc .................................................................................................................................... 82
93 Rights as charge on dwelling-house .......................................................................... 83
94 Registration of home rights ......................................................................................... 84
Occupation orders 85
95 Occupation orders where applicant has interest or rights ..................................... 85
96 Effect of order where rights are charge on dwelling-house ................................... 87
97 Former spouse or former civil partner with no existing right to occupy ............. 87
98 Cohabitant or former cohabitant with no existing right to occupy ....................... 89
99 Former spouses or former civil partners and cohabitants: supplemental ............ 91
100 Neither spouse or former spouse or civil partner entitled to occupy ................... 92
101 Neither cohabitant or former cohabitant entitled to occupy .................................. 92
102 Occupation orders: supplementary provisions ........................................................ 93
103 Additional provisions that may be included in certain occupation orders ......... 94
Non-molestation orders 95
104 Non-molestation orders............................................................................................... 95
Further provisions relating to occupation and non-molestation orders 95
105 Leave of court required for applications by children under 16 ............................. 95
106 Agreements to marry ................................................................................................... 96
106A Agreements to form a civil partnership .................................................................... 96
107 Ex parte orders .............................................................................................................. 97
108 Undertakings ................................................................................................................ 98
109 Arrest for breach of order ............................................................................................ 98
110 Remand for medical examination and report ........................................................ 100
111 Power to order hospital admission or guardianship ............................................ 100
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112 Variation and revocation of orders .......................................................................... 101
113 Proceedings by mortgagees ....................................................................................... 101
114 Contempt proceedings ............................................................................................... 103
Supplemental 103
115 Meaning of “cohabitants”, “relevant child” and “associated persons” .............. 103
116 Interpretation of Part 5 ............................................................................................... 104
PART 6 – RECIPROCAL ENFORCEMENT OF ORDERS MADE IN
UNITED KINGDOM ETC 106
Reciprocal enforcement of certain financial orders 106
117 Reciprocal enforcement of certain financial orders ............................................... 106
Enforcement of UK and Channel Island orders in the Isle of Man 107
118 Recognition of overseas orders ................................................................................. 107
119 Registration of overseas order in High Court ......................................................... 107
120 Cancellation and variation of registration............................................................... 107
121 Enforcement ................................................................................................................. 108
122 Staying of enforcement proceedings ........................................................................ 108
123 Dismissal of enforcement proceedings .................................................................... 109
Enforcement of Manx orders in UK and Channel Islands 109
124 Enforcement of financial order in UK or Channel Islands ................................... 109
PART 7 – PROPERTY OF MARRIED PERSONS ETC 110
125 Capacity of married woman ..................................................................................... 110
126 Actions in tort between husband and wife ............................................................. 110
127 Policy of assurance effected by married person ..................................................... 111
128 Questions as to property between husband and wife ........................................... 112
129 Questions as to property: further powers of Court ............................................... 112
130 Contributions by spouse to improvement of property ......................................... 114
131 Housekeeping allowance ........................................................................................... 114
132 Duty of spouses to maintain each other .................................................................. 114
133 Presumption of advancement ................................................................................... 115
134 Property of engaged couples ..................................................................................... 115
135 Gifts between engaged couples ................................................................................ 115
PART 8 – MISCELLANEOUS AND SUPPLEMENTAL 116
136 Polygamous marriages ............................................................................................... 116
137 Evidence ....................................................................................................................... 116
138 Interpretation: general ............................................................................................... 116
139 Transitional provisions, savings, amendments and repeals ................................. 118
140 Short title and commencement ................................................................................. 118
SCHEDULE A1 119
JURISDICTION IN RELATION TO MARRIAGE OF SAME SEX COUPLES 119
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SCHEDULE 1 122
STAYING OF MATRIMONIAL PROCEEDINGS 122
SCHEDULE 2 127
REGISTRATION OF HOME RIGHTS 127
SCHEDULE 3 131
POWERS OF HIGH COURT TO REMAND 131
SCHEDULE 4 132
TRANSITIONAL PROVISIONS 132
SCHEDULE 5 137
AMENDMENT OF ENACTMENTS 137
SCHEDULE 6 137
ENACTMENTS REPEALED 137
ENDNOTES 139
TABLE OF LEGISLATION HISTORY 139
TABLE OF RENUMBERED PROVISIONS 139
TABLE OF ENDNOTE REFERENCES 139
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MATRIMONIAL PROCEEDINGS ACT 2003
Received Royal Assent: 17 June 2003
Passed: 17 June 2003
Commenced: 1 April 2004
AN ACT
to re-enact with amendments certain enactments relating to
matrimonial proceedings and property; to make new provision for family
homes and domestic violence; and for connected purposes.
PART 1 – PROCEEDINGS FOR DIVORCE, ANNULMENT ETC
Jurisdiction
1 Jurisdiction
In this Part “the Court
” means the High Court.
Divorce
2 Divorce on breakdown of marriage
[1976/14/1(1)-(4)]
(1) Subject to section 4, an application for a divorce order may be made to
the Court by either party to a marriage on the ground that the marriage
has broken down irretrievably.
(2) The Court hearing an application for a divorce order shall not hold the
marriage to have broken down irretrievably unless the applicant satisfies
the Court of one or more of the following facts —
(a) that the respondent has committed adultery and the applicant
finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the applicant
cannot reasonably be expected to live with the respondent;
Section 3 Matrimonial Proceedings Act 2003
Page 10 AT 7 of 2003 c
(c) that the respondent has deserted the applicant for a continuous
period of at least 2 years immediately preceding the making of the
application;
(d) that the parties to the marriage have lived apart for a continuous
period of at least 2 years immediately preceding the making of the
application (“2 years’ separation”) and the respondent consents to
a divorce order being made;
(e) that the parties to the marriage have lived apart for a continuous
period of at least 5 years immediately preceding the making of the
application (“5 years’ separation”).
(3) On an application for a divorce order, it shall be the duty of the Court to
inquire, so far as it reasonably can, into the facts alleged by the applicant
and into any facts alleged by the respondent.
(4) If the Court is satisfied on the evidence of any such fact as is mentioned
in subsection (2), then, unless it is satisfied on all the evidence that the
marriage has not broken down irretrievably, it shall, subject to section 6,
make a divorce order.
(5) Only conduct between the respondent and a person of the opposite sex
can constitute adultery for the purposes of this section.1
3 Facts raising presumption of breakdown
[1976/14/2]
(1) One party to a marriage shall not be entitled to rely for the purposes of
section 2(2)(a) on adultery committed by the other if, after it became
known to him that the other had committed that adultery, the parties
have lived with each other for a period exceeding, or periods together
exceeding, 6 months.
(2) Where the parties to a marriage have lived with each other after it
became known to one party that the other had committed adultery, but
subsection (1) does not apply, in any proceedings for divorce in which
the applicant relies on that adultery, the fact that the parties have lived
with each other after that time shall be disregarded in determining for
the purposes of section 2(2)(a) whether the applicant finds it intolerable
to live with the respondent.
(3) Where, in any proceedings for divorce, —
(a) the applicant alleges that the respondent has behaved in such a
way that the applicant cannot reasonably be expected to live with
him, but
(b) the parties to the marriage have lived with each other for a period
or periods after the occurrence of the final incident relied on by
the applicant and held by the Court to support his allegation,
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that fact shall be disregarded in determining for the purposes of
section 2(2)(b) whether the applicant cannot reasonably be expected to
live with the respondent if the length of that period or of those periods
together was 6 months or less.
(4) For the purposes of section 2(2)(c), the Court may treat a period of
desertion as having continued at a time when the deserting party was
incapable of continuing the necessary intention if the evidence before the
Court is such that, had that party not been so incapable, the Court would
have inferred that his desertion continued at that time.
(5) In considering, for the purposes of section 2(2), whether the period for
which the respondent has deserted the applicant or the period for which
the parties to a marriage have lived apart has been continuous, no
account shall be taken of any one period (not exceeding 6 months) or of
any 2 or more periods (not exceeding 6 months in all) during which the
parties resumed living with each other, but no period during which the
parties lived with each other shall count as part of the period of desertion
or of the period for which the parties to the marriage lived apart, as the
case may be.
(6) For the purposes of section 2(2)(d) and (e) and this section, a husband
and wife shall be treated as living apart unless they are living with each
other in the same household, and references in this section to the parties
to a marriage living with each other shall be construed as references to
their living with each other in the same household.
(7) Provision shall be made by rules of court for the purpose of ensuring
that, where, in pursuance of section 2(2)(d), the applicant alleges that the
respondent consents to a divorce order being made, the respondent has
been given such information as will enable him to understand —
(a) the consequences to him of his consenting to the order being
made, and
(b) the steps which he must take to indicate that he consents to the
making of the order.
4 Bar on divorce applications within one year of marriage
[1976/14/3; 1986/22/1]
(1) No application for a divorce order shall be made before the expiration of
the period of one year from the date of the marriage.
(2) Nothing in this section prohibits the making of an application based on
matters which occurred before the expiration of that period.
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5 Divorce not precluded by previous separation order
[1976/14/4]
(1) A person shall not be prevented from making an application for a
divorce order, or the Court from making a divorce order, by reason only
that there has been made in favour of the applicant or respondent at any
time, on the same facts or substantially the same facts as those proved in
support of the application, —
(a) a separation order, or
(b) an order under, or having effect as if made under, Part 3 or any
corresponding enactment in force in any other part of the British
Islands.
(2) On an application for a divorce order in a case mentioned in
subsection (1), the Court may treat the order as sufficient proof of any
adultery, desertion or other fact by reference to which it was made, but
shall not make a divorce order without receiving evidence from the
applicant.
(3) Where an application for a divorce order in such a case follows a
separation order, for the purposes of that application, a period of
desertion immediately preceding the institution of the proceedings for
the separation order shall, if the parties have not resumed cohabitation
and the separation order has been continuously in force since it was
made, be deemed immediately to precede the making of the application.
(4) For the purposes of section 2(2)(c) the Court may treat as a period during
which the respondent has deserted the applicant any of the following
periods —
(a) any period during which there is in force an injunction granted by
the Court which excludes the respondent from the matrimonial
home;
(b) any period during which there is in force an order made by any
court under Part 5 which prohibits the exercise by the respondent
of the right to occupy a dwelling-house in which the applicant
and the respondent have or at any time have had a matrimonial
home.
6 Refusal of order in 5 year separation cases on hardship grounds
[1976/14/5]
(1) The respondent to an application for a divorce order in which the
applicant alleges 5 years’ separation may oppose the making of an order
on the ground that the dissolution of the marriage will result in grave
financial or other hardship to him and that it would, in all the
circumstances, be wrong to dissolve the marriage.
(2) Where the making of an order is opposed by virtue of this
section, then —
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(a) if the Court finds that the applicant is entitled to rely in support of
his application on the fact of 5 years’ separation and makes no
such finding as to any other fact mentioned in section 2(2); and
(b) if, apart from this section, the Court would make a divorce order
on the application,
the Court shall consider all the circumstances, including the conduct of
the parties to the marriage and the interests of those parties and of any
children or other persons concerned, and, if of opinion that the
dissolution of the marriage will result in grave financial or other
hardship to the respondent and that it would, in all the circumstances be
wrong to dissolve the marriage, it shall dismiss the application.
(3) For the purposes of this section, hardship shall include the loss of the
chance of acquiring any benefit which the respondent might acquire if
the marriage were not dissolved.
7 Attempts at reconciliation
[1976/14/6]
(1) If, at any stage of proceedings for divorce, it appears to the Court that
there is a reasonable possibility of a reconciliation between the parties to
the marriage, the Court may adjourn the proceedings for such period as
it thinks fit to enable attempts to be made to effect such a reconciliation.
(2) The power conferred by subsection (1) is additional to any other power
of the Court to adjourn proceedings.
8 Consideration of certain agreements or arrangements
[1976/14/7]
Provision may be made by rules of court for —
(a) enabling the parties to a marriage, or either of them, on
application made either before or after the making of an
application for a divorce order, to refer to the Court any
agreement or arrangement made or proposed to be made between
them, being an agreement or arrangement which relates to, or
arises out of, or is connected with, the proceedings for divorce
which are contemplated or, as the case may be, have begun, and
(b) enabling the Court to express an opinion, should it think it
desirable to do so, as to the reasonableness of the agreement or
arrangement and to give such directions, if any, in the matter as it
thinks fit.
9 Special protection for respondent in 2- or 5-year separation cases
[1976/14/10]
(1) Where in any case —
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(a) the Court has made a divorce order on the basis of a finding that
the applicant was entitled to rely in support of his application on
the fact of 2 years’ separation coupled with the respondent’s
consent to an order being made, and
(b) has made no such finding as to any other fact mentioned in
section 2(2),
the Court may, on an application made by the respondent at any time
before the order is made final, revoke the order if it is satisfied that the
applicant misled the respondent (whether intentionally or
unintentionally) about any matter which the respondent took into
account in deciding to give his consent.
(2) The following provisions of this section apply where —
(a) the respondent to an application for a divorce order in which the
applicant alleged 2 years’ or 5 years’ separation, coupled, in the
former case, with the respondent’s consent to an order being
made, has applied to the Court for consideration under
subsection (3) of his financial position after the divorce; and
(b) the Court has made the order on the application on the basis of a
finding that the applicant was entitled to rely in support of his
application on the fact of 2 years’ or 5 years’ separation (as the
case may be) and has made no such finding as to any other fact
mentioned in section 2(2).
(3) The Court, when hearing an application by the respondent under
subsection (2), shall consider all the circumstances, including the age,
health, conduct, earning capacity, financial resources and financial
obligations of each of the parties, and the financial position of the
respondent as, having regard to the divorce, it is likely to be after the
death of the applicant, should the applicant die first; and, subject to
subsection (4), the Court shall not make the order final unless it is
satisfied —
(a) that the applicant should not be required to make any financial
provision for the respondent; or
(b) that the financial provision made by the applicant for the
respondent is reasonable and fair or the best that can be made in
the circumstances.
(4) The Court may, if it thinks fit, nevertheless make the order final if —
(a) it appears that there are circumstances making it desirable that the
order should be made final without delay; and
(b) the Court has obtained a satisfactory undertaking from the
applicant that he will make such financial provision for the
respondent as the Court may approve.
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10 Relief for respondent in divorce proceedings
[1976/14/20]
If, in any proceedings for divorce, the respondent alleges and proves any such
fact as is mentioned in section 2(2) (treating the respondent as the applicant and
the applicant as the respondent for that purpose), the Court may give to the
respondent the relief to which he would have been entitled if he had made an
application seeking that relief.
Annulment
11 Annulment of marriage
(1) Subject to section 14, an application for an annulment order may be
made to the Court by either party to a marriage on the ground that the
marriage is void or voidable.
(2) On an application for an annulment order, it shall be the duty of the
Court to inquire, so far as it reasonably can, into the facts alleged by the
applicant and into any facts alleged by the respondent.
(3) If the Court is satisfied on the evidence of any such ground as is
mentioned in section 12 or 13, it shall make an annulment order.
12 Grounds on which a marriage is void
[1976/14/11, P1995/42/5]
(1) A marriage, other than a marriage to which section 13A applies, is void
on the following grounds only —
(a) that it is not a valid marriage under the provisions of any
enactment or rule of law relating to marriage (that is, where —
(i) the marriage is void by virtue of section 1 of the Marriage
Act 1984 (prohibited degrees of relationship);
(ii) either party is under the age of 16; or
(iii) the parties have intermarried in disregard of certain
requirements as to the formation of marriage);
(b) that, at the time of the marriage, either party was already lawfully
married;
(c) [Repealed]2
(d) in the case of a polygamous marriage entered into outside the
Island, that either party was, at the time of the marriage,
domiciled in the Island.3
(2) A marriage entered into outside the Island between parties neither of
whom is already married is not void under the law of the Island on the
ground that it is entered into under a law which permits polygamy and
that either party is domiciled in the Island.
Section 13 Matrimonial Proceedings Act 2003
Page 16 AT 7 of 2003 c
(3) For the purposes of subsection (1)(d), a marriage is not polygamous if at
its inception neither party has any spouse additional to the other.
13 Grounds on which a marriage is voidable
[1976/14/12]
(1) A marriage, other than a marriage to which section 13A applies, is
voidable on the following grounds only —
(a) that the marriage has not been consummated owing to the
incapacity of either party to consummate it;
(b) that the marriage has not been consummated owing to the wilful
refusal of the respondent to consummate it;
(c) that either party to the marriage did not validly consent to it,
whether in consequence of duress, mistake, unsoundness of mind
or otherwise;
(d) that, at the time of the marriage, either party, though capable of
giving a valid consent, was suffering (whether continuously or
intermittently) from mental disorder, within the meaning of the
Mental Health Act 1998, of such a kind or to such an extent as to be
unfitted for marriage;
(e) that, at the time of the marriage, the respondent was suffering
from venereal disease in a communicable form;
(f) that, at the time of the marriage, the respondent was pregnant by
some person other than the applicant;
(g) that an interim gender recognition certificate under the Gender
Recognition Act 2004 (an Act of Parliament) has, after the time of
the marriage, been issued to either party to the marriage;4
(h) that the respondent is a person whose gender at the time of the
marriage had become the acquired gender under the Gender
Recognition Act 2004 (an Act of Parliament).5
6
(2) Paragraphs (a) and (b) of subsection (1) do not apply to the marriage of a
same sex couple.7
13A Grounds on which a marriage converted from a civil partnership is
void or voidable
(1) This section applies to a marriage which has been converted, or is
purported to be converted, from a civil partnership under section 27A of
the 2011 Act and regulations made under that section.
(2) A marriage which results from the purported conversion of a void civil
partnership is void.
(3) A marriage which results from the conversion of a civil partnership is
voidable if any of paragraphs (c) to (h) of section 13(1) applied at the date
Matrimonial Proceedings Act 2003 Section 14
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from which the marriage is treated as having subsisted in accordance
with section 27A(4) of the 2011 Act.
(4) In this section the “2011 Act” means the Civil Partnership Act 2011.8
14 Bars to relief where marriage is voidable
[1976/14/13]
(1) The Court shall not make an annulment order on the ground that a
marriage is voidable if the respondent satisfies the Court —
(a) that the applicant, with knowledge that it was open to him to
have the marriage avoided, so conducted himself in relation to the
respondent as to lead the respondent reasonably to believe that he
would not seek to do so; and
(b) that it would be unjust to the respondent to make the order.
(2) Without prejudice to subsection (1), the Court shall not make an
annulment order by virtue of section 13 on the grounds mentioned in
section 13(c), (d), (e), (f) or (h) unless —
(a) it is satisfied that proceedings were instituted within the period of
3 years from the date of the marriage, or
(b) leave for the institution of proceedings after the expiration of that
period has been granted under subsection (4).9
(2A) Without prejudice to subsection (1), the court shall not make an
annulment order under section 13 on the ground mentioned in
paragraph (g) of that section unless it is satisfied that proceedings were
instituted within 6 months from the date of issue of the interim gender
recognition certificate.10
(3) Without prejudice to subsections (1) and (2), the Court shall not make an
annulment order by virtue of section 13 on the grounds mentioned in
section 13(e), (f) or (h) unless it is satisfied that the applicant was, at the
time of the marriage, ignorant of the facts alleged.11
(4) In the case of proceedings for an annulment order by virtue of section 13
on the grounds mentioned in section 13(c), (d), (e), (f) or (h), the Court
may, on an application made to it, grant leave for the institution of
proceedings after the expiration of the period of 3 years from the date of
the marriage if —
(a) it is satisfied that the applicant has at some time during that
period suffered from mental disorder within the meaning of the
Mental Health Act 1998, and
(b) it considers that in all the circumstances of the case it would be
just to grant leave for the institution of proceedings.12
(5) An application for leave under subsection (4) may be made after the
expiration of the period of 3 years from the date of the marriage.
Section 15 Matrimonial Proceedings Act 2003
Page 18 AT 7 of 2003 c
15 Marriages governed by foreign law etc
[1976/14/14]
(1) Where, apart from this Act, any matter affecting the validity of a
marriage would fall to be determined (in accordance with the rules of
private international law) by reference to the law of a country outside the
Island, nothing in sections 12, 13, or 14(1) —
(a) precludes the determination of that matter as aforesaid; or
(b) requires the application to the marriage of the grounds or bar
there mentioned except so far as applicable in accordance with
those rules.
(2) In the case of a marriage which —
(a) purports to have been celebrated under the Foreign Marriage Acts
1892 to 1947 (Acts of Parliament), or
(b) has taken place outside the Island and purports to be a marriage
under common law,
section 12 is without prejudice to any ground on which the marriage may
be void under those Acts or, as the case may be, by virtue of the rules
governing the celebration of marriages outside the Island under common
law.
16 Effect of annulment order in case of voidable marriage
[1976/14/16]
An annulment order in respect of a voidable marriage operates to annul the
marriage only as respects any time after the order has been made final, and the
marriage shall, notwithstanding the order, be treated as if it had existed up to
that time.
Other matrimonial proceedings
17 Separation orders
[1976/14/17 and 18]
(1) An application for a separation order may be made to the Court by either
party to a marriage on the ground that any such fact as is mentioned in
section 2(2) exists, and section 3 applies accordingly for the purposes of
an application for a separation order alleging any such fact as it applies
in relation to an application for a divorce order alleging that fact.
(2) Where the Court makes a separation order, it shall no longer be
obligatory for the applicant to cohabit with the respondent.
(3) On an application for a separation order, it shall be the duty of the Court
to inquire, so far as it reasonably can, into the facts alleged by the
applicant and into any facts alleged by the respondent, but the Court
shall not be concerned to consider whether the marriage has broken
Matrimonial Proceedings Act 2003 Section 18
c AT 7 of 2003 Page 19
down irretrievably; and, if it is satisfied on the evidence of any such fact
as is mentioned in section 2(2), it shall, subject to section 25, make a
separation order.
(4) Sections 7 and 8 apply for the purpose of —
(a) encouraging the reconciliation of parties to proceedings for a
separation order, and
(b) enabling the parties to a marriage to refer to the Court for its
opinion an agreement or arrangement relevant to actual or
contemplated proceedings for a separation order,
as they apply in relation to proceedings for divorce.
18 Presumption of death and dissolution of marriage
[1976/14/19]
(1) Any party to a marriage who alleges that reasonable grounds exist for
supposing that the other party is dead may make an application to the
Court to have it presumed that the other party is dead and to have the
marriage dissolved, and the Court may, if satisfied that such reasonable
grounds exist, make an order of presumption of death and dissolution of
the marriage.
(2) In any proceedings under this section, the fact that, for a period of 7
years or more, the other party to the marriage has been continually
absent from the applicant and the applicant has no reason to believe that
the other party has been living within that time shall be evidence that the
other party is dead, until the contrary is proved.
(3) Neither collusion nor any other conduct on the part of the applicant
which has at any time been a bar to relief in matrimonial proceedings
constitutes a bar to the making of an order under this section.
19 Declarations as to marital status
[1976/14/45, 1991/3/17]
(1) Subject to the following provisions of this section, any person may apply
to the Court for one or more of the following declarations in relation to a
marriage specified in the application —
(a) a declaration that the marriage was at its inception a valid
marriage;
(b) a declaration that the marriage subsisted on a date specified in the
application;
(c) a declaration that the marriage did not subsist on a date so
specified;
(d) a declaration that the validity of a divorce, annulment or legal
separation obtained in any country outside the Island in respect of
the marriage is entitled to recognition in the Island;
Section 20 Matrimonial Proceedings Act 2003
Page 20 AT 7 of 2003 c
(e) a declaration that the validity of a divorce, annulment or legal
separation so obtained in respect of the marriage is not entitled to
recognition in the Island.
(2) Where an application under subsection (1) is made by any person other
than a party to the marriage to which the application relates, the Court
shall refuse to hear the application if it considers that the applicant does
not have a sufficient interest in the determination of that application.
20 General provisions as to declarations
[1976/14/45A, 1991/3/17]
(1) The Court may direct that the whole or any part of any proceedings
under section 19 shall be heard in camera, and an application for a
direction under this subsection shall be heard in camera unless the Court
otherwise directs.
(2) Where on an application for a declaration under section 19 the truth of a
proposition to be declared is proved to the satisfaction of the Court, the
Court shall make that declaration unless to do so would manifestly be
contrary to public policy.
(3) Any declaration under section 19 shall be binding on Her Majesty and all
other persons.
(4) No proceedings under section 19 shall affect any final order, judgment or
decree already pronounced by a court of competent jurisdiction.
(5) The Court, on the dismissal of an application for a declaration under
section 19, may not make any declaration for which an application has
not been made.
(6) No declaration which may be applied for under section 19 may be made
otherwise than under that section by any court.
(7) No declaration may be made by any court, whether under section 19 or
otherwise, —
(a) that a marriage was at its inception void, or
(b) that any person is or was illegitimate.
(8) Nothing in this section affects the power of the Court to make an
annulment order.
General
21 Jurisdiction: further provisions
[1974/15/5, 1976/14/45(2), 1991/3/17]
(A1) Subsections (1) to (5A) have effect, subject to regulations under section
21A, with respect to the Court’s jurisdiction to entertain proceedings for
Matrimonial Proceedings Act 2003 Section 21
c AT 7 of 2003 Page 21
divorce, judicial separation or nullity in relation to the marriage of a man
and a woman.13
(1) The Court has jurisdiction to entertain proceedings for a divorce order or
separation order if (and only if) either of the parties to the marriage —
(a) is domiciled in the Island on the date when the proceedings are
begun; or
(b) was habitually resident in the Island throughout the period of one
year ending with that date.
(2) The Court has jurisdiction to entertain proceedings for an annulment
order if (and only if) either of the parties to the marriage —
(a) is domiciled in the Island on the date when the proceedings are
begun; or
(b) was habitually resident in the Island throughout the period of one
year ending with that date; or
(c) died before that date and either —
(i) was at death domiciled in the Island; or
(ii) had been habitually resident in the Island throughout the
period of one year ending with the date of death.
(3) The Court, at any time when proceedings are pending in respect of
which it has jurisdiction by virtue of subsection (1) or (2) (or of this
subsection), also has jurisdiction to entertain other proceedings, in
respect of the same marriage, for a divorce order, annulment order or
separation order, even though jurisdiction would not be exercisable
under subsection (1) or (2).
(4) The Court has jurisdiction to entertain proceedings for death to be
presumed and a marriage to be dissolved under section 18 if (and only if)
the applicant —
(a) is domiciled in the Island on the date when the proceedings are
begun; or
(b) was habitually resident in the Island throughout the period of one
year ending with that date.
(5) The Court has jurisdiction to entertain an application under section 19(1)
if, and only if, either of the parties to the marriage to which the
application relates —
(a) is domiciled in the Island on the date of the application, or
(b) has been habitually resident in the Island throughout the period
of one year ending with that date, or
(c) died before that date and either —
(i) was at death domiciled in the Island, or
Section 21 Matrimonial Proceedings Act 2003
Page 22 AT 7 of 2003 c
(ii) had been habitually resident in the Island throughout the
period of one year ending with the date of death.
(5A) Nothing in subsections (1) to (5) limits the application of section 21A or
any jurisdiction exercisable by virtue of regulations under that section.14
(5B) Schedule A1 (jurisdiction in relation to the marriage of same sex couples)
has effect).15
(6) Schedule 1 has effect as to the cases in which matrimonial proceedings in
the Island (whether the proceedings are in respect of the marriage of a
man and a woman or the marriage of a same sex couple) are to be, or
may be, stayed by the Court where there are concurrent proceedings
elsewhere in respect of the same marriage, and as to the other matters
dealt with in that Schedule; but nothing in that Schedule prejudices any
power to stay proceedings which is exercisable by the Court apart from
that Schedule.16
21A Jurisdiction regulations
(1) The Council of Ministers may by regulations make provision —
(a) as to the jurisdiction of the High Court in proceedings for the
dissolution or annulment of a marriage or for the legal separation
of the parties to a marriage where one of them —
(i) is or has been habitually resident in a member State;
(ii) is a national of a member State; or
(iii) is domiciled in the Island; and
(b) as to the recognition in the Island of any judgment of a court of a
member State which orders the dissolution or annulment of a
marriage or the legal separation of the parties to a marriage.
In this section such regulations are called “jurisdiction regulations”.
(2) Before making jurisdiction regulations the Council of Ministers must
consult the Deemsters.
(3) Jurisdiction regulations may in particular make provision corresponding
to that made by Council Regulation (EC) No 2201/2003 of 27th November
2003 [OJL No.338 of 23.12.2003] in relation to jurisdiction and the
recognition and enforcement of judgments in matrimonial matters.
(4) [Repealed]17
(5) Jurisdiction regulations may make provision under subsection (1)(b)
which applies even if the date of the dissolution, annulment or legal
separation is earlier than the date on which this section comes into
operation.18
Matrimonial Proceedings Act 2003 Section 22
c AT 7 of 2003 Page 23
22 Intervention of Attorney General
[1976/14/8, 15 and 45B, 1991/3/17]
(1) In proceedings for —
(a) a divorce order,
(b) an annulment order, or
(c) an order under section 18,
the Court may, if it thinks fit, direct all the necessary papers in the matter
to be sent to the Attorney General, who shall argue, or shall instruct an
advocate to argue, before the Court any question in relation to the matter
which the Court considers it necessary or expedient to have fully argued.
(2) In any proceedings mentioned in subsection (1), any person may at any
time during the progress of the proceedings or before the provisional
order is made final, give information to the Attorney General on any
matter material to the due decision of the case, and the Attorney General
may thereupon take such steps as he considers necessary or expedient.
(3) At any stage in proceedings on an application for a declaration under
section 19, the Court may, of its own motion or on the application of any
party to the proceedings, direct that all necessary papers in the matter be
sent to the Attorney General.
(4) The Attorney General, whether or not he is sent papers in relation to an
application under section 19, may —
(a) intervene in the proceedings on that application in such manner
as he thinks necessary or expedient, and
(b) argue before the Court any question in relation to the application
which the Court considers it necessary to have fully argued.
(5) Where any costs are incurred by the Attorney General in connection with
any proceedings mentioned in subsection (1) or (3), the Court may make
such order as it considers just as to the payment of those costs by parties
to the proceedings.
23 Provisional and final orders
[1976/14/1(5) and 9]
(1) Every divorce order, annulment order and order under section 18 shall in
the first instance be a provisional order and shall not be made final
before the expiration of the period specified in subsection (2).
(2) The period mentioned in subsection (1) is —
(a) 6 weeks from the date on which the order is made, or
(b) such shorter period as may be prescribed by rules of court, or
(c) if in any particular case the Court by special order fixes a shorter
period than the period otherwise applicable under paragraph (a)
or (b), that shorter period.
Section 24 Matrimonial Proceedings Act 2003
Page 24 AT 7 of 2003 c
(3) Where a divorce order, annulment order or order under section 18 has
been made but has not been made final, then, without prejudice to
section 22, any person (excluding a party to the proceedings other than
the Attorney General) may show cause why the order should not be
made final by reason of material facts not having been brought before the
Court; and, in such a case, the Court may —
(a) notwithstanding anything in subsection (1) (but subject to
sections 9(2) to (4) and 25), make the order final; or
(b) revoke the order; or
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit.
(4) Where a divorce order, annulment order or order under section 18 has
been made and no application for it to be made final has been made by
the party in favour of whom it was made, then, at any time after the
expiration of 3 months from the earliest date on which that party could
have made such an application, the party against whom it was made
may make an application to the Court, and, on that application, the
Court may exercise any of the powers mentioned in subsection (3)(a)
to (d).
24 Parties to proceedings under this Part
[1976/14/48]
(1) Where, in an application for a divorce order or separation order, or in
any other pleading applying for either order, one party to a marriage
alleges that the other has committed adultery, he or she shall make the
person alleged to have committed adultery with the other party to the
marriage a party to proceedings unless excused by the Court on special
grounds from doing so.
(2) Rules of court may, either generally or in such cases as may be
prescribed by the rules, exclude the application of subsection (1) where
the person alleged to have committed adultery with the other party to
the marriage is not named in the application or other pleading.
(3) Where, in pursuance of subsection (1), a person is made a party to
proceedings for a divorce order or separation order, the Court may, if,
after the close of the evidence on the part of the person making the
allegation of adultery, it is of the opinion that there is not sufficient
evidence against the person so made a party, dismiss him or her from the
suit.
(4) Rules of court may make provision, in cases not falling within
subsection (1), with respect to —
(a) the joinder as parties to proceedings under this Act of persons
involved in allegations of adultery or other improper conduct
made in those proceedings, and
Matrimonial Proceedings Act 2003 Section 25
c AT 7 of 2003 Page 25
(b) the dismissal from such proceedings of any parties so joined;
and rules of court made by virtue of this subsection may make different
provision for different cases.
(5) In every case in which —
(a) adultery with any party to proceedings is alleged against any
person not made a party to the proceedings, or
(b) the Court considers, in the interest of any person not already a
party, that that person should be made a party to the proceedings,
the Court may, if it thinks fit, allow that person to intervene upon such
terms, if any, as the Court thinks just.
25 Restriction on orders affecting children
[1976/14/41]
(1) In any proceedings for a divorce order, annulment order or separation
order, the Court shall consider —
(a) whether there are any children of the family to whom this section
applies; and
(b) where there are any such children, whether (in the light of the
arrangements which have been, or are proposed to be, made for
their upbringing and welfare) it should exercise any of its powers
under Part 2 of the Children and Young Persons Act 2001 with
respect to any of them.
(2) Where, in any case to which this section applies, it appears to the
Court that —
(a) the circumstances of the case require it, or are likely to require it,
to exercise one or other of its powers under the said Part 2 with
respect to any such child;
(b) it is not in a position to exercise that power or those powers (as
the case may be) without giving further consideration to the case;
and
(c) there are exceptional circumstances which make it desirable in the
interests of the child that the Court should give a direction under
this section,
it may direct that the divorce order or annulment order is not to be made
final, or that the separation order is not to be made, until the Court
orders otherwise.
(3) This section applies to —
(a) any child of the family who has not reached the age of 16 at the
date when the Court considers the case in accordance with this
section; and
Section 26 Matrimonial Proceedings Act 2003
Page 26 AT 7 of 2003 c
(b) any child of the family who has reached that age at that date and
in relation to whom the Court directs that this section shall apply.
PART 2 – PROCEEDINGS FOR MAINTENANCE ETC.- HIGH
COURT
Financial orders
26 Orders under this Part
[2001/5/1]
(1) The following table indicates the kinds of order which may be made
under this Part, their contents and the provisions under which they may
be made —
Kind of order Contents of order Provision
Periodical
payments order
an order that either party to a marriage shall
make to the other such periodical payments,
for such term, as may be specified in the
order
section 28(1)
section 38(3)
an order that a party to a marriage shall
make to such person as may be specified in
the order for the benefit of a child of the
family, or to such a child, such periodical
payments, for such term, as may be so
specified
section 28(1), (3) and (5)
section 38(3)
Secured
periodical
payments order
an order that either party to a marriage shall
secure to the other to the satisfaction of the
Court such periodical payments, for such
term, as may be so specified
section 28(1)
section 38(3)
an order that a party to a marriage shall
secure to such person as may be so specified
for the benefit of a child of the family, or to
such a child, to the satisfaction of the Court,
such periodical payments, for such term, as
may be so specified
section 28(1), (3) and (5)
section 38(3)
Order for
payment of a
lump sum
an order that either party to a marriage shall
pay to the other such lump sum or sums as
may be so specified
section 28(1)
section 38(3)
an order that a party to a marriage shall pay
to such person as may be so specified for
the benefit of a child of the family, or to
such a child, such lump sum as may be so
specified
section 28(1), (3) and (5)
section 38(3)
Matrimonial Proceedings Act 2003 Section 26
c AT 7 of 2003 Page 27
Kind of order Contents of order Provision
Transfer of
property order
an order that a party to a marriage shall
transfer to the other party, to any child of
the family or to such person as may be
specified in the order for the benefit of such
a child such property as may be so
specified, being property to which the first-
mentioned party is entitled, either in
possession or reversion
section 29(1)
Order for a
settlement of
property
an order that a settlement of such property
as may be so specified, being property to
which a party to the marriage is entitled,
either in possession or reversion, be made to
the satisfaction of the Court for the benefit
of the other party to the marriage and of the
children of the family or either or any of
them
section 29(1)
Order for
variation of a
settlement
an order varying, for the benefit of the
parties to the marriage and of the children
of the family or either or any of them, any
ante-nuptial or post-nuptial settlement
(including such a settlement made by will
or codicil) made on the parties to the
marriage, other than one in the form of a
pension arrangement
section 29(1)
an order extinguishing or reducing the
interest of either of the parties to the
marriage under any such settlement, other
than one in the form of a pension
arrangement
section 29(1)
Sale of property
order
an order for the sale of such property as
may be specified in the order, being
property in which or in the proceeds of sale
of which either or both of the parties to the
marriage has or have a beneficial interest,
either in possession or reversion
section 30(1)
Pension sharing
order
an order which provides that the shareable
rights under a specified pension
arrangement, or the shareable state scheme
rights, of a party to the marriage be subject
to pension sharing for the benefit of the
other party, and specifies the percentage
value to be transferred
section 31(1)
(2) References in this Part to an order of a kind specified in column 1 of the
table in subsection (1) shall be construed in accordance with the
corresponding provisions of column 2 of that table.
(3) In this Part —
Section 27 Matrimonial Proceedings Act 2003
Page 28 AT 7 of 2003 c
“the Court
” means the High Court;
“financial provision order
” means a periodical payments order, a secured
periodical payments order or an order for payment of a lump sum;
“property adjustment order
” means a transfer of property order, an order for a
settlement of property or an order for variation of a settlement.
Ancillary relief in connection with divorce proceedings, etc
27 Maintenance pending suit
[2001/5/2]
On an application for a divorce order, annulment order or separation order, the
Court may make an order requiring either party to the marriage to make to the
other such periodical payments for his or her maintenance and for such term,
being a term beginning not earlier than the date of the making of the application
and ending with the date of the determination of the proceedings, as the Court
thinks reasonable (an “order for maintenance pending suit”).
28 Financial provision orders in connection with divorce proceedings, etc
[2001/5/3]
(1) On making a divorce order, annulment order or separation order or at
any time thereafter, the Court may make one or more financial provision
orders in favour of either party to the marriage or a child of the family of
the parties to the marriage.
(2) Such an order, in the case of a divorce order or annulment order, may be
made either before or after that order is made final.
(3) The Court may also make one or more financial provision orders in
favour of a child of the family of the parties to the marriage —
(a) in any proceedings for a divorce order, annulment order or
separation order, before making such an order; and
(b) where any such proceedings are dismissed after the beginning of
the trial, either forthwith or within a reasonable period after the
dismissal.
(4) The power of the Court under subsection (1) or (3)(a) to make an order in
favour of a child of the family shall be exercisable from time to time.
(5) Where the Court makes an order in favour of a child under
subsection (3)(b), it may from time to time make a further financial
provision order in his favour.
(6) Without prejudice to the power under section 42 to settle a proper
instrument to be executed by all necessary parties, where a financial
provision order is made under subsection (1) in favour of a party to the
marriage on or after making a divorce order or annulment order, neither
Matrimonial Proceedings Act 2003 Section 29
c AT 7 of 2003 Page 29
the financial provision order nor any settlement made in pursuance of
that order shall take effect unless the divorce order or annulment order
has been made final.
(7) Without prejudice to the generality of subsection (1), an order for
payment of a lump sum under this section —
(a) may be made in favour of a party to a marriage for the purpose of
enabling him or her to meet any liabilities or expenses reasonably
incurred by him or her in maintaining himself or herself or any
child of the family before making an application for an order
under this section in his or her favour;
(b) may be made in favour of a child of the family for the purpose of
enabling any liabilities or expenses reasonably incurred by or for
the benefit of that child before the making of an application for an
order under this section in his favour to be met; and
(c) may provide for the payment of that sum by instalments of such
amount as may be specified in the order, and may require the
payment of the instalments to be secured to the satisfaction of the
Court.
(8) Where the Court makes an order for payment of a lump sum under this
section and directs —
(a) that payment of the sum or any part of it shall be deferred; or
(b) that the sum or any part of it shall be paid by instalments,
the Court may order that the amount deferred or the instalments shall
carry interest at such rate as may be specified by the order from such
date, not earlier than the date of the order, as may be so specified, until
the date when payment of it is due.
(9) This section is subject to the restrictions imposed by section 41(1) and (3)
on the making of financial provision orders in favour of children who
have attained the age of 18.
29 Property adjustment orders in connection with divorce proceedings, etc
[2001/5/4]
(1) On making a divorce order, annulment order or separation order or at
any time afterwards, the Court may make one or more property
adjustment orders in favour of either party to the marriage, a child of the
family of the parties to the marriage or (in the case of a transfer of
property order) any other person.
(2) Such an order, in the case of a divorce order or annulment order, may be
made either before or after that order is made final.
(3) The Court may make an order for variation of a settlement even though
there are no children of the family.
Section 30 Matrimonial Proceedings Act 2003
Page 30 AT 7 of 2003 c
(4) Without prejudice to the power under section 42 to settle a proper
instrument to be executed by all necessary parties, where a financial
provision order is made under this section on or after making a divorce
order or annulment order, neither the financial provision order nor any
settlement made in pursuance of that order shall take effect unless the
divorce order or annulment order has been made final.
(5) This section is subject to the restrictions imposed by section 41(1) and (3)
on the making of financial provision orders in favour of children who
have attained the age of 18.
30 Orders for sale of property
[2001/5/5]
(1) Where the Court makes —
(a) a secured periodical payments order,
(b) an order for payment of a lump sum, or
(c) a property adjustment order,
under section 28 or 29, then, on making that order or at any time
thereafter, the Court may make a sale of property order.
(2) Such an order may contain such consequential or supplementary
provisions as the Court thinks fit, and in particular may include —
(a) provision requiring the making of a payment out of the proceeds
of sale of the property to which the order relates, and
(b) provision requiring any such property to be offered for sale to a
person, or class of persons, specified in the order.
(3) Where a sale of property order is made on or after the making of a
divorce order or annulment order, the sale of property order shall not
take effect unless the divorce order or annulment order has been made
final.
(4) The Court may direct that a sale of property order, or such provision
thereof as the Court may specify, shall not take effect until the occurrence
of an event specified by the Court or the expiration of a period so
specified.
(5) Where a sale of property order contains a provision requiring the
proceeds of sale of the property to which the order relates to be used to
secure periodical payments to a party to the marriage, the order shall
cease to have effect on the death or re-marriage of that person.
(6) Subsection (7) applies where —
(a) a party to a marriage has a beneficial interest in any property, or
in the proceeds of sale of it, and
(b) some other person who is not a party to the marriage also has a
beneficial interest in that property or in the proceeds of sale of it.
Matrimonial Proceedings Act 2003 Section 31
c AT 7 of 2003 Page 31
(7) Before deciding whether to make a sale of property order in relation to
that property, the Court shall give that other person an opportunity to
make representations with respect to the order; and any representations
made by that other person shall be included among the circumstances to
which the Court is required to have regard under section 32(1).
31 Pension sharing orders in connection with divorce proceedings etc
[2001/5/6]
(1) On making a divorce order or annulment order or at any time
afterwards, the Court may make one or more pension sharing orders in
favour of either party to the marriage.
(2) A pension sharing order —
(a) may be made either before or after the divorce order or
annulment order is made final, but
(b) shall not take effect unless that order has been made final.
(3) A pension sharing order may not be made in relation to a pension
arrangement which is the subject of a pension sharing order in relation to
the marriage.
(4) A pension sharing order may not be made in relation to shareable state
scheme rights if such rights are the subject of a pension sharing order in
relation to the marriage.
(5) A pension sharing order may not be made in relation to the rights of a
person under a pension arrangement if there is in force a requirement
imposed by virtue of section 35 or 36 which relates to benefits or future
benefits to which he is entitled under the pension arrangement.
32 Matters to which court is to have regard
[2001/5/7]
(1) The Court shall, in deciding whether to exercise its powers under
section 28, 29, 30 or 31 and, if so, in what manner, have regard to all the
circumstances of the case, first consideration being given to the welfare
while a minor of any child of the family who has not attained the age of
18.
(2) As regards the exercise of its powers to make a financial provision order,
property adjustment order, sale of property order or pension sharing
order in favour of a party to the marriage, the Court shall in particular
have regard to the following matters —
(a) the income, earning capacity, property and other financial
resources which each of the parties to the marriage has or is likely
to have in the foreseeable future, including in the case of earning
capacity any increase in that capacity which it would in the
Section 32 Matrimonial Proceedings Act 2003
Page 32 AT 7 of 2003 c
opinion of the Court be reasonable to expect a party to the
marriage to take steps to acquire;
(b) the financial needs, obligations and responsibilities which each of
the parties to the marriage has or is likely to have in the
foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown
of the marriage;
(d) the age of each party to the marriage and the duration of the
marriage;
(e) any physical or mental disability of either of the parties to the
marriage;
(f) the contributions which each of the parties has made or is likely in
the foreseeable future to make to the welfare of the family,
including any contribution by looking after the home or caring for
the family;
(g) the conduct of each of the parties, if that conduct is such that it
would in the opinion of the Court be inequitable to disregard it;
(h) in the case of proceedings for divorce or annulment of marriage,
the value to each of the parties to the marriage of any benefit
which, by reason of the dissolution or annulment of the marriage,
that party will lose the chance of acquiring.
(3) As regards the exercise of its powers to make a financial provision order,
property adjustment order or sale of property order in favour of a child
of the family, the Court shall in particular have regard to the following
matters —
(a) the financial needs of the child;
(b) the income, earning capacity (if any), property and other financial
resources of the child;
(c) any physical or mental disability of the child;
(d) the manner in which he was being and in which the parties to the
marriage expected him to be educated or trained;
(e) the considerations mentioned in relation to the parties to the
marriage in subsection (2)(a), (b), (c) and (e).
(4) As regards the exercise of its powers to make a financial provision order,
property adjustment order or sale of property order against a party to a
marriage in favour of a child of the family who is not the child of that
party, the Court shall also have regard —
(a) to whether that party assumed any responsibility for the child’s
maintenance, and, if so, to the extent to which, and the basis upon
which, that party assumed such responsibility and to the length of
time for which that party discharged such responsibility;
Matrimonial Proceedings Act 2003 Section 33
c AT 7 of 2003 Page 33
(b) to whether in assuming and discharging such responsibility that
party did so knowing that the child was not his or her own; and
(c) to the liability of any other person to maintain the child.
33 Exercise of court’s powers on divorce or annulment
[2001/5/8]
(1) Where on or after making a divorce order or annulment order the Court
decides to exercise its powers to make a financial provision order,
property adjustment order, sale of property order or pension sharing
order in favour of a party to the marriage, the Court shall consider
whether it would be appropriate so to exercise those powers that the
financial obligations of each party towards the other will be terminated
as soon after the making of the divorce order or annulment order as the
Court considers just and reasonable.
(2) Where the Court decides in such a case to make a periodical payments or
secured periodical payments order in favour of a party to the marriage,
the Court shall in particular consider whether it would be appropriate to
require those payments to be made or secured only for such term as
would in the opinion of the Court be sufficient to enable the party in
whose favour the order is made to adjust without undue hardship to the
termination of his or her financial dependence on the other party.
(3) Where on or after the making of a divorce order or annulment order an
application is made by a party to the marriage for a periodical payments
or secured periodical payments order in his or her favour, then, if the
Court considers that no continuing obligation should be imposed on
either party to make or secure periodical payments in favour of the other,
the Court may dismiss the application with a direction that the applicant
shall not be entitled to make any further application in relation to that
marriage for a periodical payments order or secured periodical payments
order in his or her favour.
34 Pensions: “earmarking”
[2001/5/9]
(1) The matters to which the Court is to have regard under section 32(2)
include —
(a) in the case of paragraph (a), any benefits under a pension
arrangement which a party to the marriage has or is likely to
have, and
(b) in the case of paragraph (h), any benefits under a pension
arrangement which, by reason of the dissolution or annulment of
the marriage, a party to the marriage will lose the chance of
acquiring,
Section 35 Matrimonial Proceedings Act 2003
Page 34 AT 7 of 2003 c
and, accordingly, in relation to benefits under a pension arrangement,
section 32(2)(a) shall have effect as if “in the foreseeable future” were
omitted.
(2) The following provisions apply where, having regard to any benefits
under a pension arrangement, the Court determines to make a financial
provision order under section 28.
(3) To the extent to which the order is made having regard to any benefits
under a pension arrangement, the order may require the person
responsible for the pension arrangement in question, if at any time any
payment in respect of any benefits under the arrangement becomes due
to the party with pension rights, to make a payment for the benefit of the
other party.
(4) The order must express the amount of any payment required to be made
by virtue of subsection (3) as a percentage of the payment which
becomes due to the party with pension rights.
(5) Any such payment by the person responsible for the arrangement —
(a) shall discharge so much of his liability to the party with pension
rights as corresponds to the amount of the payment, and
(b) shall be treated for all purposes as a payment made by the party
with pension rights in or towards the discharge of his liability
under the order.
(6) Where the party with pension rights has a right of commutation under
the arrangement, the order may require him to exercise it to any extent;
and this section applies to any payment due in consequence of the
commutation in pursuance of the order as it applies to other payments in
respect of benefits under the scheme.
(7) The power conferred by subsection (6) may not be exercised for the
purpose of commuting a benefit payable to the party with pension rights
to a benefit payable to the other party.
(8) The power conferred by subsection (3) or (6) may not be exercised in
relation to a pension arrangement which is the subject of a pension
sharing order in relation to the marriage.
(9) In subsection (1) references to benefits under a pension arrangement
include any benefits by way of pension, whether under a pension
arrangement or not.
35 Pensions: lump sums
[2001/5/10]
(1) The power of the Court under section 28 to make an order for payment
of a lump sum in favour of a party to a marriage includes, where the
benefits which the party with pension rights has or is likely to have
Matrimonial Proceedings Act 2003 Section 36
c AT 7 of 2003 Page 35
under a pension arrangement include any lump sum payable in respect
of his death, power to make any of the following provision by the order.
(2) The Court may —
(a) if the person responsible for the pension arrangement has power
to determine the person to whom the sum, or any part of it, is to
be paid, require him to pay the whole or part of that sum, when it
becomes due, to the other party,
(b) if the party with pension rights has power to nominate the person
to whom the sum, or any part of it, is to be paid, require the party
with pension rights to nominate the other party in respect of the
whole or part of that sum,
(c) in any other case, require the person responsible for the pension
arrangement in question to pay the whole or part of that sum,
when it becomes due, for the benefit of the other party instead of
to the person to whom, apart from the order, it would be paid.
(3) Any payment by the person responsible for the arrangement under an
order made under section 28 by virtue of this section shall discharge so
much of his liability in respect of the party with pension rights as
corresponds to the amount of the payment.
(4) The powers conferred by this section may not be exercised in relation to
a pension arrangement which is the subject of a pension sharing order in
relation to the marriage.
36 Pensions: supplementary
[2001/5/11]
(1) Where —
(a) an order made under section 28 by virtue of section 34 or 35
imposes any requirement on the person responsible for a pension
arrangement (“the first arrangement”) and the party with pension
rights acquires rights under another pension arrangement (“the
new arrangement”) which are derived (directly or indirectly) from
the whole of his rights under the first arrangement, and
(b) the person responsible for the new arrangement has been given
notice in accordance with regulations,
the order shall have effect as if it had been made instead in respect of the
person responsible for the new arrangement.
(2) No pension sharing order may be made so as to take effect before the end
of such period after the making of the order as may be prescribed by
regulations.
(3) If a pension sharing order relates to rights under a pension arrangement,
the Court may include in the order provision about the apportionment
Section 36 Matrimonial Proceedings Act 2003
Page 36 AT 7 of 2003 c
between the parties of any charge under section 41 (charges in respect of
pension sharing costs) of the Welfare Reform and Pensions Act 1999 (an
Act of Parliament).
(4) Regulations may —
(a) in relation to any provision of sections 34 or 35 which authorises
the Court making an order under section 28 to require the person
responsible for a pension arrangement to make a payment for the
benefit of the other party, make provision as to the person to
whom, and the terms on which, the payment is to be made,
(b) make, in relation to payment under a mistaken belief as to the
continuation in force of a provision included by virtue of
section 34 or 35 in an order under section 28, provision about the
rights or liabilities of the payer, the payee or the person to whom
the payment was due,
(c) make provision for the person responsible for a pension
arrangement to be discharged in prescribed circumstances from a
requirement imposed by virtue of section 34 or 35,
(d) require notices to be given in respect of changes of circumstances
relevant to such orders which include provision made by virtue of
sections 34 and 35,
(e) make provision about calculation and verification in relation to
the valuation of —
(i) benefits under a pension arrangement, or
(ii) shareable state scheme rights,
for the purposes of the Court’s functions in connection with the exercise
of any of its powers under this Part.
(5) Regulations under subsection (4)(e) may include —
(a) provision for calculation or verification in accordance with
guidance from time to time prepared by a prescribed person, and
(b) provision by reference to regulations under section 30 or 49(4) of
the Welfare Reform and Pensions Act 1999 (an Act of Parliament).
(6) In this section and sections 31, 34 and 35 —
“the Department
” means the Department of Health and Social Care;19
“occupational pension scheme
” has the same meaning as in the Pension
Schemes Act 1993 (an Act of Parliament);
“the party with pension rights
” means the party to the marriage who has or is
likely to have benefits under a pension arrangement and “the other
party
” means the other party to the marriage;
“pension arrangement
” means —
(a) an occupational pension scheme,
Matrimonial Proceedings Act 2003 Section 37
c AT 7 of 2003 Page 37
(b) a personal pension scheme,
(c) a retirement annuity contract,
(d) an annuity or insurance policy purchased, or transferred, for the
purpose of giving effect to rights under an occupational pension
scheme or a personal pension scheme, and
(e) an annuity purchased, or entered into, for the purpose of
discharging liability in respect of a pension credit under
section 29(1)(b) of the Welfare Reform and Pensions Act 1999 (an
Act of Parliament);
“personal pension scheme
” has the same meaning as in the Pension Schemes
Act 1993 (an Act of Parliament);
“prescribed
” means prescribed by regulations;
“regulations
” means regulations made by the Department;
“retirement annuity contract
” means a contract or scheme approved under
section 49 of the Income Tax Act 1970;
“trustees or managers
”, in relation to an occupational pension scheme or a
personal pension scheme, means —
(a) in the case of a scheme established under a trust, the trustees of
the scheme, and
(b) in any other case, the managers of the scheme.
(7) In this section and sections 34 and 35, references to the person
responsible for a pension arrangement are —
(a) in the case of an occupational pension scheme or a personal
pension scheme, to the trustees or managers of the scheme,
(b) in the case of a retirement annuity contract or an annuity falling
within paragraph (d) or (e) of the definition of “pension
arrangement” above, the provider of the annuity, and
(c) in the case of an insurance policy falling within paragraph (d) of
the definition of that expression, the insurer.
(8) References in sections 34 and 35 and this section to any Act of Parliament
are to that Act as it has effect in the Island.
(9) Regulations under this section shall not have effect unless they are
approved by Tynwald.
37 Commencement of proceedings for ancillary relief, etc
[2001/5/12]
(1) Where an application for a divorce order, annulment order or separation
order has been made, then, subject to subsection (2), proceedings for
maintenance pending suit under section 27, for a financial provision
order or for a property adjustment order may be begun, subject to and in
Section 38 Matrimonial Proceedings Act 2003
Page 38 AT 7 of 2003 c
accordance with rules of court, at any time after the making of the
application.
(2) Rules of court may provide, in such cases as may be prescribed by the
rules —
(a) that applications for any such relief as is mentioned in
subsection (1) shall be made in the application or answer; and
(b) that applications for any such relief which are not so made, or are
not made until after the expiration of such period following the
making of the application or filing of the answer as may be so
prescribed, shall be made only with the leave of the Court.
Financial provision in case of failure to maintain
38 Financial provision in case of failure to maintain
[2001/5/13]
(1) Either party to a marriage may apply to the Court for an order under this
section on the ground that the other party to the marriage (“the
respondent”) —
(a) has failed to provide reasonable maintenance for the applicant, or
(b) has failed to provide, or to make a proper contribution towards,
reasonable maintenance for any child of the family.
(2) The Court shall not entertain an application under this section unless —
(a) the applicant or the respondent is domiciled in the Island at the
date of the application; or
(b) the applicant has been habitually resident there throughout the
period of one year ending with that date; or
(c) the respondent is resident there on that date.
(3) Where, on an application under this section, the applicant satisfies the
Court of any ground mentioned in subsection (1), the Court may make
one or more financial provision orders in favour of either party to the
marriage or a child of the family of the parties to the marriage.
(4) Where, on an application under this section, it appears to the Court that
the applicant or any child of the family to whom the application relates is
in immediate need of financial assistance, but it is not yet possible to
determine what order, if any, should be made on the application, the
Court may make an order requiring the respondent to make to the
applicant until the determination of the application such periodical
payments as the Court thinks reasonable (an “interim order for
maintenance”).
(5) Where a periodical payments order made in favour of a child under this
section ceases to have effect on the date on which the child attains the
Matrimonial Proceedings Act 2003 Section 39
c AT 7 of 2003 Page 39
age of 16 or at any time after that date but before the date on which he
attains the age of 18, then, if on an application made to the Court for an
order under this subsection, it appears to the Court that —
(a) the child is, will be or (if an order were made under this
subsection) would be receiving instruction at an educational
establishment or undergoing training for a trade, profession or
vocation, whether or not he also is, will be or would be in gainful
employment; or
(b) there are special circumstances which justify the making of an
order under this subsection,
the Court may by order revive the first-mentioned order from such date
as the Court may specify, not being earlier than the date of the making of
the application, and may exercise its power under section 43 in relation
to any order so revived.
(6) Without prejudice to the generality of subsection (3), an order for
payment of a lump sum under this section —
(a) may be made for the purpose of enabling any liabilities or
expenses, reasonably incurred in maintaining the applicant or any
child of the family to whom the application relates before the
making of the application, to be met;
(b) may provide for the payment of that sum by instalments of such
amount as may be specified in the order and may require the
payment of the instalments to be secured to the satisfaction of the
Court.
39 Failure to maintain: supplemental
[2001/5/14]
(1) Where an application under section 38 is made on the ground mentioned
in section 38(1)(a), then, in deciding —
(a) whether the respondent has failed to provide reasonable
maintenance for the applicant, and
(b) what order, if any, to make under this section in favour of the
applicant,
the Court shall have regard to all the circumstances of the case including
the matters mentioned in section 32(2), and where an application is also
made under this section in respect of a child of the family who has not
attained the age of 18, first consideration shall be given to the welfare of
the child while a minor.
(2) In relation to an application under this section on the ground mentioned
in section 38(1)(a), section 32(2)(c) has effect with the substitution, for the
reference in it to the breakdown of the marriage, of a reference to the
failure to provide reasonable maintenance for the applicant.
Section 40 Matrimonial Proceedings Act 2003
Page 40 AT 7 of 2003 c
(3) Where an application under section 38 is made on the ground mentioned
in section 38(1)(b) then, in deciding —
(a) whether the respondent has failed to provide, or to make a proper
contribution towards, reasonable maintenance for the child of the
family to whom the application relates, and
(b) what order, if any, to make under this section in favour of the
child,
the Court shall have regard to all the circumstances of the case including
the matters mentioned in section 32(3)(a) to (e), and where the child of
the family to whom the application relates is not the child of the
respondent, including also the matters mentioned in section 32(4).
(4) In relation to an application under this section on the ground mentioned
in section 38(1)(b), section 32(2)(c) (as it applies by virtue of
section 32(2)(e)) shall have effect with the substitution, for the reference
in it to the breakdown of the marriage, of a reference to the failure to
provide, or to make a proper contribution towards, reasonable
maintenance for the child of the family to whom the application relates.
(5) An application for the variation under section 43 of a periodical
payments order made under section 38 in favour of a child may, if the
child has attained the age of 16, be made by the child himself.
(6) Section 38 is subject to the restrictions imposed by section 41(1) and (3)
on the making of financial provision orders in favour of children who
have attained the age of 18.
(7) If, in proceedings on an application under section 38, the Court is of the
opinion that the application would be more conveniently dealt with by a
court of summary jurisdiction under Part 3, it may by order —
(a) stay the proceedings, and
(b) direct that the application be heard and determined by such court
of summary jurisdiction as is specified in the order, as if it had
been made to that court under section 59.
Additional provisions with respect to financial provision and property adjustment
orders
40 Duration of continuing financial provision orders and effect of
remarriage
[2001/5/15]
(1) Subject in the case of an order made on or after the making of a divorce
order or annulment order to sections 33(2) and 43(5) and (6), the term to
be specified in a periodical payments or secured periodical payments
order in favour of a party to a marriage shall be such term as the Court
Matrimonial Proceedings Act 2003 Section 41
c AT 7 of 2003 Page 41
thinks fit, except that the term shall not begin before or extend beyond
the following limits —
(a) in the case of a periodical payments order, the term shall begin
not earlier than the date of the making of an application for the
order, and shall be so defined as not to extend beyond —
(i) the death of either of the parties to the marriage, or
(ii) where the order is made on or after the making of a
divorce order or annulment order, the remarriage of the
party in whose favour the order is made; and
(b) in the case of a secured periodical payments order, the term shall
begin not earlier than the date of the making of an application for
the order, and shall be so defined as not to extend beyond the
death or, where the order is made on or after the making of a
divorce order or annulment order, the remarriage of the party in
whose favour the secured periodical payments order is made.
(2) Where a periodical payments or secured periodical payments order in
favour of a party to a marriage is made on or after the making of a
divorce order or annulment order, the Court may direct that that party
shall not be entitled to apply under section 43 for the extension of the
term specified in the order.
(3) Where a periodical payments or secured periodical payments order in
favour of a party to a marriage is made otherwise than on or after the
making of a divorce order or annulment order, and the marriage in
question is subsequently dissolved or annulled but the order continues in
force, the order shall, notwithstanding anything in it, cease to have effect
on the remarriage of that party, except in relation to any arrears due
under it on the date of the remarriage.
(4) If, after the making of a divorce order or annulment order, either party to
that marriage remarries (whether at any time before or after the
commencement of this Act), that party shall not be entitled to apply, by
reference to the making of that order, for a financial provision order in
his or her favour, or for a property adjustment order, against the other
party to that marriage.
41 Duration of continuing financial provision orders in favour of
children, and age limit
[2001/5/16]
(1) Subject to subsection (3), no financial provision order or transfer of
property order shall be made in favour of a child who has attained the
age of 18.
(2) The term to be specified in a periodical payments order or secured
periodical payments order in favour of a child may begin with the date
Section 42 Matrimonial Proceedings Act 2003
Page 42 AT 7 of 2003 c
of the making of an application for the order in question or any later
date, but —
(a) shall not in the first instance extend beyond the date of the
birthday of the child next following his attaining the upper limit
of the compulsory school age unless the Court considers that in
the circumstances of the case the welfare of the child requires that
it should extend to a later date; and
(b) shall not in any event, subject to subsection (3), extend beyond the
date of the child’s 18th birthday.
(3) Subsections (1) and (2)(b) do not apply in the case of a child if it appears
to the Court that —
(a) the child is, or will be, or if an order were made without
complying with either or both of those provisions would be,
receiving instruction at an educational establishment or
undergoing training for a trade, profession or vocation, whether
or not he is also, or will also be, in gainful employment; or
(b) there are special circumstances which justify the making of an
order without complying with either or both of those provisions.
(4) Any periodical payments order in favour of a child shall,
notwithstanding anything in the order, cease to have effect on the death
of the person liable to make payments under the order, except in relation
to any arrears due under the order on the date of the death.
42 Direction for settlement of instrument for securing payments etc
[2001/5/17]
Where the Court decides to make a secured periodical payments order or a
property adjustment order —
(a) it may settle a proper instrument to be executed by all necessary
parties; and
(b) where the order is to be made in proceedings for a divorce order,
annulment order or separation order, it may, if it thinks fit, defer
the making of the order in question until the instrument has been
duly executed.
Variation, revocation and enforcement of certain orders, etc
43 Variation, revocation etc., of certain orders for financial relief
[2001/5/18]
(1) This section applies to the following orders —
(a) any order for maintenance pending suit and any interim order for
maintenance;
(b) any periodical payments order;
Matrimonial Proceedings Act 2003 Section 43
c AT 7 of 2003 Page 43
(c) any secured periodical payments order;
(d) any order for payment of a lump sum by instalments by virtue of
section 28(7)(c) or 38(6)(b);
(e) any deferred order for payment of a lump sum which includes
provision made by virtue of section 34(3) or 35;
(f) any order for a settlement of property or for variation of a
settlement which is made on or after the making of a separation
order;
(g) any sale of property order;
(h) a pension sharing order which is made at a time before the
divorce order or annulment order has been made final.
(2) Where the Court has made an order referred to in subsection (1)(e) which
includes provision made by virtue of section 35, this section shall cease to
apply to the order on the death of either of the parties to the marriage.
(3) Where the Court has made an order to which this section applies, then,
subject to sections 40(2) and 44, the Court may —
(a) vary or revoke the order,
(b) suspend any provision of the order temporarily, and
(c) revive the operation of any provision so suspended.
(4) The powers exercisable by the Court under this section in relation to an
order shall be exercisable also in relation to any instrument executed in
pursuance of the order.
(5) In exercising the powers conferred by this section the Court shall have
regard to all the circumstances of the case, first consideration being given
to the welfare while a minor of any child of the family who has not
attained the age of 18.
(6) For the purposes of subsection (5) —
(a) the circumstances of the case include any change in any of the
matters to which the Court was required to have regard when
making the order to which the application relates;
(b) in the case of a periodical payments or secured periodical
payments order made on or after the making of a divorce order or
annulment order, the Court shall consider whether in all the
circumstances and after having regard to any such change it
would be appropriate to vary the order so that payments under
the order are required to be made or secured only for such further
period as will in the opinion of the Court be sufficient to enable
the party in whose favour the order was made to adjust without
undue hardship to the termination of those payments;
Section 44 Matrimonial Proceedings Act 2003
Page 44 AT 7 of 2003 c
(c) where the party against whom the order was made has died, the
circumstances of the case shall also include the changed
circumstances resulting from his or her death.
(7) Where the Court in exercise of its powers under this section decides to
vary or revoke a periodical payments or secured periodical payments
order, the Court may, subject to section 40(1) and (2), direct that the
variation or revocation shall not take effect until the expiration of such
period as may be specified in the order.
44 Variation of orders: supplemental
[2001/5/19]
(1) No variation of an order for a settlement or for a variation of settlement
made under section 29 shall be made except on an application made in
proceedings —
(a) for the revocation of the separation order by reference to which
that order was made; or
(b) for the dissolution of the marriage in question.
(2) In relation to a pension sharing order falling within section 43(1)(h) —
(a) the powers conferred by this section may be exercised —
(i) only on an application made before the order has or, but
for paragraph (b), would have taken effect; and
(ii) only if, at the time when the application is made, the
divorce order or annulment order has not been made final;
and
(b) an application made in accordance with paragraph (a) prevents
the order from taking effect before the application has been dealt
with.
(3) No variation of a pension sharing order shall be made so as to take effect
before the divorce order or annulment order is made final.
(4) The variation of a pension sharing order prevents the order taking effect
before the end of such period after the making of the variation as may be
prescribed by regulations made by the Department of Health and Social
Care.20
(5) Regulations under subsection (4) shall not have effect unless they are
approved by Tynwald.
(6) No property adjustment order shall be made on an application for the
variation of a periodical payments order or secured periodical payments
order under section 28.
(7) No order for payment of a lump sum shall be made on an application for
the variation of a periodical payments order or secured periodical
payments order in favour of a party to a marriage under section 28 or 38.
Matrimonial Proceedings Act 2003 Section 45
c AT 7 of 2003 Page 45
(8) Where the person liable to make payments under a secured periodical
payments order has died —
(a) an application under this section relating to that order (and to any
sale of property order which requires the proceeds of sale to be
used for securing these payments) may be made by the person
entitled to payments under the periodical payments order or by
the personal representatives of the deceased person, but
(b) no such application shall, except with the permission of the Court,
be made after the end of the period of 6 months from the date on
which representation in regard to the estate of that person is first
taken out.
(9) The personal representatives of a deceased person against whom a
secured periodical payments order was made shall not be liable for
having distributed any part of the estate of the deceased after the
expiration of the period of 6 months referred to in subsection (8)(b) on
the ground that they ought to have taken into account the possibility that
the Court might permit an application under this section to be made after
that period by the person entitled to payments under the order; but this
subsection does not prejudice any power to recover any part of the estate
so distributed arising by virtue of the making of an order in pursuance of
this section.
(10) In considering, for the purposes of subsection (8), the question when
representation was first taken out —
(a) a grant limited to settled land or to trust property shall be left out
of account; and
(b) a grant limited to real estate or to personal estate shall be left out
of account unless a grant limited to the remainder of the estate has
previously been made or is made at the same time.
45 Payment of certain orders
[2001/5/20]
(1) Where the Court makes a periodical payments order, it shall order that
the payments shall be made to the Chief Registrar unless, upon
representations expressly made in that behalf by the person to whom the
payments under the order fall to be made, it is satisfied that it is
undesirable to do so.
(2) Section 58 and Part VIII of the Summary Jurisdiction Act 1989, so far as
they relate to the enforcement of an order for, or the recovery of,
periodical payments, apply to payments to be made to the Chief
Registrar by virtue of an order under subsection (1) as they apply to
payments to be so made by virtue of an order under section 54(1) of
that Act.21
Section 46 Matrimonial Proceedings Act 2003
Page 46 AT 7 of 2003 c
46 Payment of certain arrears unenforceable without leave
[2001/5/21]
(1) A person shall not be entitled to enforce through the Court the payment
of any arrears due under an order for maintenance pending suit, an
interim order for maintenance or any financial provision order without
the leave of the Court if those arrears became due more than 12 months
before proceedings to enforce the payment of them are begun.
(2) The Court hearing an application for the grant of leave under this section
may refuse leave, or may grant leave subject to such restrictions and
conditions (including conditions as to the allowing of time for payment
or the making of payment by instalments) as the Court thinks proper, or
may remit the payment of the arrears or of any part thereof.
(3) An application for the grant of leave under this section shall be made in
such manner as may be prescribed by rules of court.
47 Orders for repayment
[2001/5/22]
(1) This section applies to the following orders —
(a) any order for maintenance pending suit and any interim order for
maintenance;
(b) any periodical payments order; and
(c) any secured periodical payments order.
(2) Where, on an application made under this section in relation to an order
to which this section applies, it appears to the Court that, by reason of —
(a) a change in the circumstances of the person entitled to, or liable to
make, payments under the order since the order was made; or
(b) the changed circumstances resulting from the death of the person
so liable,
the amount received by the person entitled to payments under the order
in respect of a period after those circumstances changed or after the
death of the person liable to make payments under the order, as the case
may be, exceeds the amount which the person so liable or his or her
personal representatives should have been required to pay, the Court
may order the respondent to the application to pay to the applicant such
sum, not exceeding the amount of the excess, as the Court thinks just.
(3) An application under this section may be made by the person liable to
make payments under an order to which this section applies or his or her
personal representatives and may be made against the person entitled to
payments under the order or her or his personal representatives.
(4) An application under this section may be made in proceedings in the
Court for —
Matrimonial Proceedings Act 2003 Section 48
c AT 7 of 2003 Page 47
(a) the variation or revocation of the order to which this section
applies; or
(b) leave to enforce, or the enforcement of, the payment of arrears
under that order.
(5) An order under this section for the payment of any sum may provide for
the payment of that sum by instalments of such amount as may be
specified in the order.
Consent orders
48 Consent orders for financial provision or property adjustment
[2001/5/23]
(1) Notwithstanding anything in the preceding provisions of this Part, on an
application for a consent order for financial relief the Court may, unless
it has reason to think that there are other circumstances into which it
ought to inquire, make an order in the terms agreed on the basis only of
the prescribed information furnished with the application.
(2) Subsection (1) applies to an application for a consent order varying or
revoking an order for financial relief as it applies to an application for an
order for financial relief.
(3) In this section —
“consent order”, in relation to an application for an order, means an order in the
terms applied for to which the respondent agrees; and
“order for financial relief” means a financial provision order, a property
adjustment order, a sale of property order or a pension sharing order.
Maintenance agreements
49 Validity of maintenance agreements
[2001/5/24]
(1) If a maintenance agreement includes a provision purporting to restrict
any right to apply to a court for an order containing financial
arrangements, then —
(a) that provision shall be void; but
(b) any other financial arrangements contained in the agreement shall
not thereby be rendered void or unenforceable and shall, unless
they are void or unenforceable for any other reason (and subject
to sections 50 and 51), be binding on the parties to the agreement.
(2) In this section and in sections 50 and 51 —
“maintenance agreement
” means any agreement in writing made at any time
between the parties to a marriage, being —
Section 50 Matrimonial Proceedings Act 2003
Page 48 AT 7 of 2003 c
(a) an agreement containing financial arrangements, whether made
during the continuance or after the dissolution or annulment of
the marriage; or
(b) a separation agreement which contains no financial arrangements
in a case where no other agreement in writing between the same
parties contains such arrangements;
“financial arrangements
” means provisions governing the rights and liabilities
towards one another, when living separately, of the parties to a marriage
(including a marriage which has been dissolved or annulled) in respect
of the making or securing of payments or the disposition or use of any
property, including such rights and liabilities with respect to the
maintenance or education of any child, whether or not a child of the
family.
50 Alteration of agreements by court during lives of parties
[2001/5/25]
(1) Where a maintenance agreement is for the time being subsisting and
each of the parties to the agreement is for the time being either domiciled
or resident in the Island, then, subject to subsection (4), either party may
apply to the Court or to a court of summary jurisdiction for an order
under this section.
(2) The Court may make an order under this section if it is satisfied either —
(a) that by reason of a change in the circumstances in the light of
which any financial arrangements contained in the agreement
were made or, as the case may be, financial arrangements were
omitted from it (including a change foreseen by the parties when
making the agreement), the agreement should be altered so as to
make different or, as the case may be so as to contain, financial
arrangements; or
(b) that the agreement does not contain proper financial
arrangements with respect to any child of the family.
(3) The order which that court (subject to subsection (4), (5) and (6)) may
make under this section is an order making such alterations in the
agreement —
(i) by varying or revoking any financial arrangements
contained in it; or
(ii) by inserting in it financial arrangements for the benefit of
one of the parties to the agreement or of a child of the
family,
as appear to the court to be just having regard to all the circumstances,
including, if relevant, the matters mentioned in section 32(4); and the
agreement shall have effect afterwards as if any alteration made by the
Matrimonial Proceedings Act 2003 Section 50
c AT 7 of 2003 Page 49
order had been made by agreement between the parties and for valuable
consideration.
(4) A court of summary jurisdiction —
(a) shall not entertain an application under subsection (1) unless both
the parties to the agreement are resident in the Island; and
(b) may not make an order on such an application except —
(i) in a case where the agreement includes no provision for
periodical payments by either of the parties, an order
inserting provision for the making by one of the parties of
periodical payments for the maintenance of the other party
or for the maintenance of any child of the family;
(ii) in a case where the agreement includes provision for the
making by one of the parties of periodical payments, an
order increasing or reducing the rate of, or terminating,
any of those payments.
(5) Where a court decides to alter, by order under this section, an agreement
by inserting provision for the making or securing by one of the parties to
the agreement of periodical payments for the maintenance of the other
party or by increasing the rate of the periodical payments which the
agreement provides shall be made by one of the parties for the
maintenance of the other, the term for which the payments or, as the case
may be, the additional payments attributable to the increase are to be
made under the agreement as altered by the order shall be such term as
the court may specify, subject to the limits in subsections (6) and (7).
(6) Where the payments will not be secured, the term shall be so defined as
not to extend beyond the death of either of the parties to the agreement
or the remarriage of the party to whom the payments are to be made.
(7) Where the payments will be secured, the term shall be so defined as not
to extend beyond the death or remarriage of that party.
(8) Where a court decides by order under this section to alter
an agreement —
(a) by inserting provision for the making or securing by one of the
parties to the agreement of periodical payments for the
maintenance of a child of the family, or
(b) by increasing the rate of the periodical payments which the
agreement provides shall be made or secured by one of the parties
for the maintenance of such a child,
then, in deciding the term for which, under the agreement as altered by
the order, the payments or, as the case may be, the additional payments
attributable to the increase are to be made or secured for the benefit of
the child, the court shall apply section 41(2) and (3) as to age limits as if
Section 51 Matrimonial Proceedings Act 2003
Page 50 AT 7 of 2003 c
the order in question were a periodical payments or secured periodical
payments order in favour of the child.
(9) For the avoidance of doubt, it is hereby declared that nothing in this
section or in section 49 affects —
(a) any power of a court before which any proceedings between the
parties to a maintenance agreement are brought under any other
enactment (including a provision of this Part) to make an order
containing financial arrangements, or
(b) any right of either party to apply for such an order in such
proceedings.
51 Alteration of agreements by court after death of party
[2001/5/26]
(1) Where a maintenance agreement provides for the continuation of
payments under the agreement after the death of one of the parties and
that party dies domiciled in the Island, the surviving party or the
personal representatives of the deceased party may, subject to
subsections (2) and (3), apply to the Court for an order under section 50.
(2) An application under this section shall not, except with the permission of
the Court, be made after the end of the period of 6 months from the date
on which representation in regard to the estate of the deceased is first
taken out.
(3) If a maintenance agreement is altered by the Court on an application
made in pursuance of subsection (1), the like consequences shall ensue as
if the alteration had been made immediately before the death by
agreement between the parties and for valuable consideration.
(4) The provisions of this section shall not render the personal
representatives of the deceased liable for having distributed any part of
the estate of the deceased after the expiration of the period of 6 months
referred to in subsection (2) on the ground that they ought to have taken
into account the possibility that the Court might permit an application by
virtue of this section to be made by the surviving party after that period;
but this subsection does not prejudice any power to recover any part of
the estate so distributed arising by virtue of the making of an order in
pursuance of this section.
(5) Section 44(10) applies for the purposes of subsection (2) as it applies for
the purposes of section 44(8).
Matrimonial Proceedings Act 2003 Section 52
c AT 7 of 2003 Page 51
Miscellaneous and supplemental
52 Avoidance of transactions intended to prevent or reduce financial relief
[2001/5/27]
(1) For the purposes of this section —
(a) “financial relief” means relief under any of the provisions of
sections 27, 28, 29, 31, 38, 43 (except by virtue of section 44(8)) and
50, and
(b) any reference in this section to defeating a person’s claim for
financial relief is a reference to —
(i) preventing financial relief from being granted to that
person, or to that person for the benefit of a child of the
family, or
(ii) reducing the amount of any financial relief which might be
so granted, or
(iii) frustrating or impeding the enforcement of any order
which might be or has been made at his instance under any
of those provisions.
(2) Where proceedings for financial relief are brought by one person (“the
applicant”) against another, the Court may, on the application of the
applicant —
(a) if it is satisfied that the other party to the proceedings is, with the
intention of defeating the claim for financial relief, about to make
any disposition or to transfer out of the jurisdiction or otherwise
deal with any property, make such order as it thinks fit for
restraining the other party from so doing or otherwise for
protecting the claim;
(b) if it is satisfied that the other party has, with that intention, made
a reviewable disposition and that, if the disposition were set
aside, financial relief or different financial relief would be granted
to the claimant, make an order setting aside the disposition;
(c) if it is satisfied, in a case where an order has been obtained under
any of the provisions mentioned in subsection (1) by the applicant
against the other party, that the other party has, with that
intention, made a reviewable disposition, make an order setting
aside the disposition;
and an application for the purposes of paragraph (b) shall be made in the
proceedings for the financial relief in question.
(3) Where the Court makes an order under subsection (2)(b) or (c) setting
aside a disposition, it shall give such consequential directions as it thinks
fit for giving effect to the order (including directions requiring the
making of any payments or the disposal of any property).
Section 53 Matrimonial Proceedings Act 2003
Page 52 AT 7 of 2003 c
(4) In subsection (2) “reviewable disposition” means any disposition made
by the other party to the proceedings for financial relief in question
(whether before or after the commencement of those proceedings) unless
it was made for valuable consideration (other than marriage) to a person
who, at the time of the disposition, acted in relation to it in good faith
and without notice of any intention on the part of the other party to
defeat the applicant’s claim for financial relief.
(5) Where an application is made under this section with respect to a
disposition which took place less than 3 years before the date of the
application or with respect to a disposition or other dealing with
property which is about to take place and the Court is satisfied —
(a) in a case falling within subsection 2(a) or (b), that the disposition
or other dealing would (apart from this section) have the
consequence; or
(b) in a case falling within subsection 2(c), that the disposition has
had the consequence,
of defeating the applicant’s claim for financial relief, it shall be
presumed, unless the contrary is shown, that the person who disposed of
or is about to dispose of or deal with the property did so or, as the case
may, is about to do so with the intention of defeating the applicant’s
claim for financial relief.
(6) In this section “disposition” —
(a) includes any conveyance, assurance or gift of property of any
description, whether made by an instrument or otherwise, but
(b) excludes any provisions contained in a will or codicil.
(7) This section does not apply to a disposition made before the 21st August
1969.
53 Orders for repayment after remarriage
[2001/5/28]
(1) Subsections (2) to (5) apply where —
(a) a periodical payments order or secured periodical payments order
in favour of a party to a marriage has ceased to have effect by
reason of the remarriage of that party; and
(b) the person liable to make payments under the order or his or her
personal representatives made payments in accordance with it in
respect of a period after the date of the remarriage in the mistaken
belief that the order was still subsisting.
(2) The person so liable, or his or her personal representatives, —
(a) shall not be entitled to bring proceedings in respect of a cause of
action arising out of the circumstances mentioned in
Matrimonial Proceedings Act 2003 Section 53
c AT 7 of 2003 Page 53
subsection (1) against the person entitled to payments under the
order or her or his personal representatives, but
(b) may instead make an application against that person or her or his
personal representatives under this section.
(3) On an application under this section, the Court may —
(a) order the respondent to pay to the applicant a sum equal to the
amount of the payments made in respect of the period mentioned
in subsection (1)(b), or
(b) if it appears to the Court that it would be unjust to make that
order, either —
(i) order the respondent to pay to the applicant such lesser
sum as it thinks fit, or
(ii) dismiss the application.
(4) An application under this section may be made in proceedings in the
Court for leave to enforce, or for the enforcement of, payment of arrears
under the order in question.
(5) An order under this section for the payment of any sum may provide for
the payment of that sum by instalments of such amount as may be
specified in the order.
(6) The person to whom any payments under a periodical payments order
or secured periodical payments order (a “payments order”) are required
to be made is not liable, in the circumstances specified in subsection (8),
for any act done by him in pursuance of the order after the date on which
it ceased to have effect by reason of the remarriage of the person entitled
to payments under it (“the termination date”).
(7) The person to whom payments are made under an attachment of
earnings order made to secure payments under a payments order, is not
liable, in the circumstances specified in subsection (8), for any act done
by him after the termination date in accordance with any enactment
specifying how payments made to him in compliance with that order are
to be dealt with.
(8) The circumstances mentioned in subsections (6) and (7) are that the act —
(a) was one which the payee would have been under a duty to do
had the payments order not so ceased to have effect, and
(b) was done before notice in writing of the fact that the person so
entitled had remarried was given to the payee by or on behalf of
that person, the person liable to make payments under the
payments order or the personal representatives of either of those
persons.
Section 54 Matrimonial Proceedings Act 2003
Page 54 AT 7 of 2003 c
54 Avoidance of settlement etc. on settlor’s bankruptcy
[2001/5/29]
The fact that a settlement or transfer of property had to be made in order to
comply with a property adjustment order shall not prevent that settlement or
transfer from being a settlement of property to which section 30(1) of the
Bankruptcy Code 1892 (avoidance of certain settlements) applies.
55 Payments, etc., under order made in favour of mental patient
[2001/5/30]
Where the Court makes an order under this Part requiring a payment to be
made, or property to be transferred, to a party to a marriage and the Court is
satisfied that the person in whose favour the order is made is incapable, by
reason of mental disorder within the meaning of the Mental Health Act 1998, of
managing and administering his or her property and affairs, then, subject to any
order, direction or authority made or given in relation to that person under Part
7 of that Act, the Court may order the payments to be made or, as the case may
be, the property to be transferred to such persons having charge of that person
as the Court may direct.
56 Appeals relating to pension sharing orders which have taken effect
[2001/5/31]
(1) Subsections (2) and (3) apply where an appeal against a pension sharing
order is begun on or after the day on which the order takes effect.
(2) If the pension sharing order relates to a person’s rights under a pension
arrangement, the appeal court may not set aside or vary the order if the
person responsible for the pension arrangement has acted to his
detriment in reliance on the taking effect of the order.
(3) If the pension sharing order relates to a person’s shareable state scheme
rights, the appeal court may not set aside or vary the order if the
Department of Health and Social Care has acted to its detriment in
reliance on the taking effect of the order.22
(4) In determining for the purposes of subsection (2) or (3) whether a person
has acted to his detriment in reliance on the taking effect of the order, the
appeal court may disregard any detriment which in its opinion is
insignificant.
(5) Where subsection (2) or (3) applies, the appeal court may make such
further orders (including one or more pension sharing orders) as it thinks
fit for the purpose of putting the parties in the position it considers
appropriate.
(6) Section 36(2) only applies to a pension sharing order made under
subsection (5) if the decision of the appeal court can itself be the subject
of an appeal.
Matrimonial Proceedings Act 2003 Section 57
c AT 7 of 2003 Page 55
(7) In subsection (2), the reference to the person responsible for the pension
arrangement is to be construed in accordance with section 36(7).
PART 3 – PROCEEDINGS FOR MAINTENANCE ETC – COURTS
OF SUMMARY JURISDICTION
Jurisdiction
57 Jurisdiction
[1983/13/28]
(1) Subject to section 49 of the Summary Jurisdiction Act 1989 (composition of
courts), in this Part “court
” means a court of summary jurisdiction.
(2) A court has jurisdiction to hear an application for an order under this
Part if at the date of the making of the application either the applicant or
the respondent ordinarily resides in the Island.
(3) Any jurisdiction conferred on a court by this Part is exercisable even
though any party to the proceedings is not domiciled in the Island.
58 Refusal of order in case more suitable for High Court
[1983/13/26]
(1) Where, on hearing an application for a maintenance order (otherwise
than pursuant to a direction under section 39(7)), a court is of the opinion
that any of the matters in question between the parties would be more
conveniently dealt with by the High Court, the court shall refuse to make
any order on the application, and no appeal shall lie from that refusal.
(2) If in any proceedings in the High Court relating to or comprising the
same subject matter as that application the High Court so orders, the
application shall be reheard and determined by a court.
Maintenance orders
59 Grounds of application for maintenance orders
[1983/13/1]
Either party to a marriage may apply to a court for an order (a “maintenance
order”) under section 60 on the ground that the other party to the marriage —
(a) has failed to provide reasonable maintenance for the applicant; or
(b) has failed to provide, or to make a proper contribution towards,
reasonable maintenance for any child of the family; or
(c) has behaved in such a way that the applicant cannot reasonably
be expected to live with the respondent; or
Section 60 Matrimonial Proceedings Act 2003
Page 56 AT 7 of 2003 c
(d) has deserted the applicant.
60 Powers of court to make maintenance orders
[1983/13/2]
(1) Where on an application for a maintenance order the applicant satisfies
the court of any ground mentioned in section 59 the court may, subject to
the provisions of this Part, make any one or more of the following
orders —
(a) an order that the respondent shall make to the applicant such
periodical payments, and for such term, as may be specified in the
order;
(b) an order that the respondent shall pay to the applicant such lump
sum as may be so specified;
(c) an order that the respondent shall make to the applicant for the
benefit of a child of the family to whom the application relates, or
to such a child, such periodical payments, and for such term, as
may be so specified;
(d) an order that the respondent shall pay to the applicant for the
benefit of a child of the family to whom the application relates, or
to such a child, such lump sum as may be so specified.
(2) Without prejudice to the generality of subsection (1)(b) or (d) a
maintenance order for the payment of a lump sum may be made for the
purpose of enabling any liability or expenses reasonably incurred in
maintaining the applicant, or any child of the family to whom the
application relates, before the making of the order to be met.
(3) The amount of any lump sum required to be paid by an order under this
section shall not exceed £1,000 or such larger amount as the Treasury
may from time to time by order fix for the purpose of this subsection.
(4) An order under subsection (3) shall not have effect unless it is approved
by Tynwald.
61 Matters to which court is to have regard
[1983/13/3]
(1) Where an application is made for a maintenance order the court shall, in
deciding whether to exercise its powers under section 60 and, if so, in
what manner, have regard to all the circumstances of the case, first
consideration being given to the welfare while a minor of any child of the
family who has not attained the age of 18.
(2) As regards the exercise of its powers under section 60(1)(a) or (b), the
court shall in particular have regard to the following matters —
(a) the income, earning capacity, property and other financial
resources which each of the parties to the marriage has or is likely
Matrimonial Proceedings Act 2003 Section 61
c AT 7 of 2003 Page 57
to have in the foreseeable future, including in the case of earning
capacity any increase in that capacity which it would in the
opinion of the court be reasonable to expect a party to the
marriage to take steps to acquire;
(b) the financial needs, obligations and responsibilities which each of
the parties to the marriage has or is likely to have in the
foreseeable future;
(c) the standard of living enjoyed by the parties to the marriage
before the occurrence of the conduct which is alleged as the
ground of the application;
(d) the age of each party to the marriage and the duration of the
marriage;
(e) any physical or mental disability of either of the parties to the
marriage;
(f) the contributions which each of the parties has made or is likely in
the foreseeable future to make to the welfare of the family,
including any contribution by looking after the home or caring for
the family;
(g) the conduct of each of the parties, if that conduct is such that it
would in the opinion of the court be inequitable to disregard it.
(3) As regards the exercise of its powers under section 60(1)(c) or (d), the
court shall in particular have regard to the following matters —
(a) the financial needs of the child;
(b) the income, earning capacity (if any), property and other financial
resources of the child;
(c) any physical or mental disability of the child;
(d) the standard of living enjoyed by the family before the occurrence
of the conduct which is alleged as the ground of the application;
(e) the manner in which the child was being and in which the parties
to the marriage expected him to be educated or trained;
(f) the matters mentioned in relation to the parties to the marriage in
subsection (2)(a) and (b).
(4) As regards the exercise of its powers under section 60 in favour of a child
of the family who is not the child of the respondent, the court shall also
have regard —
(a) to whether the respondent has assumed any responsibility for the
child’s maintenance and, if he did, to the extent to which, and the
basis on which, he assumed that responsibility and to the length
of time during which he discharged that responsibility;
(b) to whether in assuming and discharging that responsibility the
respondent did so knowing that the child was not his own child;
Section 62 Matrimonial Proceedings Act 2003
Page 58 AT 7 of 2003 c
(c) to the liability of any other person to maintain the child.
62 Duration of maintenance orders in favour of party to marriage
[1983/13/4]
(1) The term to be specified in any maintenance order made under
section 60(1)(a) shall be such term as the court thinks fit, except that the
term —
(a) shall not begin earlier than the date of the making of the
application for the order, and
(b) shall not extend beyond the death of either of the parties to the
marriage.
(2) Where a maintenance order is made under section 60(1)(a) and the
marriage of the parties affected by the order is subsequently dissolved or
annulled but the order continues in force, the order shall, despite
anything in it, cease to have effect on the remarriage of the party in
whose favour it was made, except in relation to any arrears due under
the order on the date of the remarriage.
63 Maintenance orders for children: age limit and duration
[1983/13/5]
(1) Subject to subsection (3), no maintenance order shall be made under
section 60(1)(c) or (d) in favour of a child who has attained the age of 18.
(2) The term to be specified in a maintenance order under section 60(1)(c) in
favour of a child —
(a) may begin with the date of the making of an application for the
order in question or any later date, but
(b) shall not in the first instance extend beyond the date of the
birthday of the child next following his attaining the upper limit
of the compulsory school age unless the court considers that in the
circumstances of the case the welfare of the child requires that it
should extend to a later date; and
(c) shall not in any event, subject to subsection (3), extend beyond the
date of the child’s 18th birthday.
(3) The court —
(a) may make a maintenance order under section 60(1)(c) or (d) in
favour of a child who has attained the age of 18, and
(b) may include in a maintenance order under section 60(1)(c) in
relation to a child who has not attained that age a provision for
extending beyond the date when the child will attain that age the
term for which by virtue of the order any payments are to be
made to or for the benefit of that child,
Matrimonial Proceedings Act 2003 Section 64
c AT 7 of 2003 Page 59
if it appears to the court —
(i) that the child is, or will be, or if such an order or provision
were made would be, receiving instruction at an
educational establishment or undergoing training for a
trade, profession or vocation, whether or not he is also, or
will also be, in gainful employment; or
(ii) that there are special circumstances which justify the
making of the order or provision.
(4) Any maintenance order under section 60(1)(c) in favour of a child shall,
notwithstanding anything in the order, cease to have effect on the death
of the person liable to make payments under the order.
64 Orders for payments which have been agreed by the parties
[1983/13/6]
(1) Either party to a marriage may apply to a court for an order under this
section (an “agreement order”) on the ground that either the party
making the application or the other party to the marriage has agreed to
make such financial provision as may be specified in the application and,
subject to subsection (3), the court on such an application may, if —
(a) it is satisfied that the applicant or the respondent, as the case may
be, has agreed to make that provision, and
(b) it has no reason to think that it would be contrary to the interests
of justice to exercise its powers hereunder,
order that the applicant or the respondent, as the case may be, shall make
the financial provision specified in the application.
(2) In this section “financial provision” means any one or more of the
following —
(a) the making of periodical payments by one party to the other,
(b) the payment of a lump sum by one party to the other,
(c) the making of periodical payments by one party to a child of the
family or to the other party for the benefit of such a child,
(d) the payment by one party of a lump sum to a child of the family
or to the other party for the benefit of such a child,
and any reference in this section to the financial provision specified in an
application made under subsection (1) or specified by the court under
subsection (5) is a reference to the type of provision specified in the
application or by the court, as the case may be, to the amount so
specified as the amount of any payment to be made under it and, in the
case of periodical payments, to the term so specified as the term for
which the payments are to be made.
Section 64 Matrimonial Proceedings Act 2003
Page 60 AT 7 of 2003 c
(3) Where the financial provision specified in an application under
subsection (1) includes or consists of provision in respect of a child of the
family, the court shall not make an order under that subsection unless it
considers that the provision which the applicant or the respondent, as
the case may be, has agreed to make in respect of that child provides for,
or makes a proper contribution towards, the financial needs of the child.
(4) A party to a marriage who has applied for a maintenance order is not
precluded at any time before the determination of that application from
applying for an agreement order; but if an agreement order is made on
the application of either party and either of them has also made an
application for a maintenance order, the application made for the
maintenance order shall be treated as if it had been withdrawn.
(5) Where on an application under subsection (1) the court decides —
(a) that it would be contrary to the interests of justice to make an
order for the making of the financial provision specified in the
application, or
(b) that any financial provision which the applicant or the
respondent, as the case may be, has agreed to make in respect of a
child of the family does not provide for, or make a proper
contribution towards, the financial needs of that child,
but is of the opinion —
(i) that it would not be contrary to the interests of justice to
make an order for the making of some other financial
provision specified by the court, and
(ii) that, in so far as that other financial provision contains any
provision for a child of the family, it provides for, or makes
a proper contribution towards, the financial needs of that
child,
then if both the parties agree, the court may order that the applicant or
the respondent, as the case may be, shall make that other financial
provision.
(6) Subject to subsection (8), section 62 applies in relation to an agreement
order which requires periodical payments to be made to a party to a
marriage for his own benefit as it applies in relation to a maintenance
order under section 60(1)(a).
(7) Subject to subsection (8), section 63 applies in relation to an agreement
order for the making of financial provision in respect of a child of the
family as it applies in relation to a maintenance order under
section 60(1)(c) or (d).
(8) Where —
(a) the court makes an agreement order which contains provision for
the making of periodical payments, and
Matrimonial Proceedings Act 2003 Section 65
c AT 7 of 2003 Page 61
(b) by virtue of subsection (4), an application for a maintenance order
is treated as if it had been withdrawn,
the term which may be specified as the term for which the payments are
to be made may begin with the date of the making of the application for
the maintenance order or any later date.
(9) Where the respondent is not present or represented by an advocate at the
hearing of an application for an agreement order, the court shall not
make an agreement order unless there is produced to the court such
evidence as the court may require of —
(a) the consent of the respondent to the making of the order,
(b) the financial resources of the respondent, and
(c) in a case where the financial provision specified in the application
includes or consists of provision in respect of a child of the family
to be made by the applicant to the respondent for the benefit of
the child or to the child, the financial resources of the child.
65 Powers of court where parties are living apart by agreement
[1983/13/7]
(1) Where —
(a) the parties to a marriage have been living apart for a continuous
period exceeding 3 months, neither party having deserted the
other, and
(b) one of the parties has been making periodical payments for the
benefit of the other party or of a child of the family,
that other party may apply to a court for an order under this section (a
“continuance order”), and any application made under this subsection
shall specify the aggregate amount of the payments so made during the
period of 3 months immediately preceding the date of the making of the
application.
(2) Where on an application for a continuance order, the court is satisfied
that the respondent has made the payments specified in the application,
the court may, subject to the provisions of this Part, make one or both of
the following orders —
(a) an order that the respondent shall make to the applicant such
periodical payments, and for such term, as may be specified in the
order;
(b) an order that the respondent shall make to the applicant for the
benefit of a child of the family to whom the application relates, or
to such a child, such periodical payments, and for such term, as
may be so specified.
(3) The court in the exercise of its powers under this section —
Section 66 Matrimonial Proceedings Act 2003
Page 62 AT 7 of 2003 c
(a) shall not require the respondent to make payments which exceed
in aggregate during any period of 3 months the aggregate amount
paid by him for the benefit of the applicant or a child of the family
during the period of 3 months immediately preceding the date of
the making of the application;
(b) shall not require the respondent to make payments to or for the
benefit of any person which exceed in amount the payments
which the court considers that it would have required the
respondent to make to or for the benefit of that person on an
application for a maintenance order;
(c) shall not require payments to be made to or for the benefit of a
child of the family who is not a child of the respondent unless the
court considers that it would have made an order in favour of that
child on an application for a maintenance order.
(4) Where on an application under this section the court considers that the
orders which it has the power to make under this section —
(a) would not provide reasonable maintenance for the applicant, or
(b) if the application relates to a child of the family, would not
provide, or make a proper contribution towards, reasonable
maintenance for that child,
the court shall refuse to make a continuance order, but may treat the
application as if it were an application for a maintenance order.
(5) Section 61 applies in relation to an application for a continuance order as
it applies in relation to an application for a maintenance order subject to
the modification that for the reference in section 61(2)(c) to the
occurrence of the conduct which is alleged as the ground of the
application there shall be substituted a reference to the living apart of the
parties to the marriage.
(6) Section 62 applies in relation to a continuance order which requires
periodical payments to be made to the applicant for his own benefit as it
applies in relation to a maintenance order under section 60(1)(a).
(7) Section 63 applies in relation to a continuance order for the making of
periodical payments in respect of a child of the family as it applies in
relation to a maintenance order under section 60(1)(c).
Restrictions on exercise of court’s powers
66 Duty to consider exercise of powers as to children
[1983/13/8]
Where an application is made by a party to a marriage for a maintenance order,
agreement order or continuance order, then, if there is a child of the family who
is under the age of 18, the court shall not dismiss or make a final order on the
Matrimonial Proceedings Act 2003 Section 67
c AT 7 of 2003 Page 63
application until it has decided whether to exercise any of its powers under Part
2 of the Children and Young Persons Act 2001 with respect to the child.
67 Reconciliation
[1983/13/25]
(1) If at any stage of proceedings on an application for a maintenance order
it appears to the court that there is a reasonable possibility of
reconciliation between the parties to the marriage in question, the court
may adjourn the proceedings for such period as it thinks fit to enable
attempts to be made to effect a reconciliation.
(2) Where the court adjourns any proceedings under subsection (1), it may
request the Department of Home Affairs to arrange for a suitable person
to attempt to effect a reconciliation between the parties to the marriage,
and where any such request is made, that person shall report in writing
to the court whether the attempt has been successful or not, but shall not
include in that report any other information.
Interim orders
68 Interim orders
[1983/13/18]
(1) Where an application is made for a maintenance order, agreement order
or continuance order —
(a) the court at any time before making a final order on, or
dismissing, the application or on refusing to make an order on the
application by virtue of section 58, and
(b) the High Court on ordering the application to be reheard by a
court (either after the refusal of an order under section 58 or on an
appeal under section 104 of the Summary Jurisdiction Act 1989),
may, subject to the provisions of this Part, make an order (an “interim
maintenance order”) requiring the respondent to make to the applicant
or to any child of the family who is under the age of 18, or to the
applicant for the benefit of such a child, such periodical payments as the
court thinks reasonable.
(2) An interim maintenance order may provide for payments to be made
from such date as the court may specify, not being earlier than the date
of the making of the application for a maintenance order, agreement
order or continuance order; and where such an order made by the High
Court on an appeal under section 104 of the Summary Jurisdiction Act
1989 provides for payments to be made from a date earlier than the date
of the making of the order, the interim order may provide that payments
made by the respondent under an order made by a court shall, to such
extent and in such manner as may be provided by the interim order, be
Section 68 Matrimonial Proceedings Act 2003
Page 64 AT 7 of 2003 c
treated as having been paid on account of any payment provided for by
the interim order.
(3) Where an application is made for an agreement order by the party to the
marriage who has agreed to make the financial provision specified in the
application —
(a) subsection (1) applies as if the reference to the respondent were a
reference to the applicant and the references to the applicant were
references to the respondent; and
(b) subsection (2) applies accordingly.
(4) Subject to subsection (5), an interim order made on an application for a
maintenance order, agreement order or continuance order shall cease to
have effect on whichever of the following dates occurs first —
(a) the date, if any, specified for the purpose in the interim order;
(b) the date of the expiration of the period of 3 months beginning
with the date of the making of the interim order;
(c) the date on which a court either makes a final order on or
dismisses the application.
(5) Where an interim order under subsection (1) would, but for this
subsection, cease to have effect by virtue of subsection (4)(a) or (b), the
court which made the order or, in the case of an interim order made by
the High Court, the court by which the application for a maintenance
order, agreement order or continuance order is to be reheard, may by
order provide that the interim order shall continue in force for a further
period.
(6) Any order continued in force under subsection (5) shall cease to have
effect on whichever of the following dates occurs first —
(a) the date, if any, specified for the purpose in the order made under
this subsection;
(b) the date of the expiration of the period of 3 months beginning
with the date of the making of the order under this subsection or,
if more than one order has been made under this subsection with
respect to the application, beginning with the date of the making
of the first of those orders;
(c) the date on which the court either makes a final order on, or
dismisses, the application.
(7) Not more than one interim maintenance order may be made with respect
to any application for a maintenance order, agreement order or
continuance order, but without prejudice to the powers of a court under
this section on any further such application.
(8) No appeal lies from the making of or refusal to make, the variation of or
refusal to vary, or the revocation of or refusal to revoke, an interim
maintenance order.
Matrimonial Proceedings Act 2003 Section 69
c AT 7 of 2003 Page 65
(9) An interim order made by the High Court under this section on ordering
that an application be reheard by a court shall, for the purpose of its
enforcement and for the purposes of section 69, be treated as if it were an
order of that court and not of the High Court.
Variation, revocation and cessation of orders etc
69 Variation, revival and revocation of orders for periodical payments
[1983/13/19]
(1) Where a court has made a maintenance order for the making of
periodical payments the court may, on an application made under this
section, vary or revoke that order and may also make a maintenance
order under section 60(1)(b) or (d).
(2) Where a court has made an agreement order for the making of periodical
payments by a party to a marriage, the court may, on an application
made under this section, vary or revoke that order and may also make an
order for the payment of a lump sum by that party either —
(a) to the other party to the marriage, or
(b) to a child of the family or to that other party for the benefit of that
child.
(3) Where a court has made a continuance order for the making of periodical
payments, the court may on an application made under this section vary
or revoke that order.
(4) Where a court has made an interim maintenance order under section 68,
the court, on an application made under this section, may vary or revoke
that order, except that the court may not by virtue of this subsection
extend the period for which the order is in force.
(5) The power of the court under this section to vary an order for the making
of periodical payments includes power to suspend any provision thereof
temporarily and to revive any provision so suspended.
(6) Where the court has power by virtue of this section to make an order for
the payment of a lump sum, the amount of the lump sum shall not
exceed the maximum amount that may at that time be required to be
paid under section 60(3), but the court may make an order for the
payment of a lump sum not exceeding that amount even though the
person required to pay the lump sum was required to pay a lump sum
by a previous order under this Part.
(7) Where the court has power by virtue of subsection (2) to make an order
for the payment of a lump sum and the respondent or the applicant, as
the case may be, has agreed to pay a lump sum of an amount exceeding
the maximum amount that may at that time be required to be paid under
Section 70 Matrimonial Proceedings Act 2003
Page 66 AT 7 of 2003 c
section 60(3), the court may, despite anything in subsection (6), make an
order for the payment of a lump sum of that amount.
(8) An order made by virtue of this section which varies an order for the
making of periodical payments may provide that the payments as so
varied shall be made from such date as the court may specify, not being
earlier than the date of the making of the application under this section.
(9) Where an order made by a court under this Part for the making of
periodical payments to or in respect of a child ceases to have effect on the
date on which the child attains the age of 16 or at any time after that date
but before or on the date on which he attains the age of 18, the child may
apply to the court for the revival of the order.
(10) If, on application under subsection (9), it appears to the court that —
(a) the child is, will be or (if an order were made under this
subsection) would be receiving instruction at an educational
establishment or undergoing training for a trade, profession or
vocation, whether or not he also is, will or would be in gainful
employment; or
(b) there are special circumstances which justify the making of an
order under this subsection,
the court may by order revive the order mentioned in subsection (9) from
such date as the court may specify, not being earlier than the date of the
making of the application.
(11) An order which is revived under subsection (10) may be varied or
revoked on the application of any person by or to whom payments are to
be made under the order.
(12) An application under this section for the variation or revocation of an
order for periodical payments may be made by either party to the
marriage or, in the case of an order for payments to or in respect of a
child who has attained the age of 16, by the child himself.
(13) Any reference in this section to a maintenance order, agreement order or
continuance order for the making of periodical payments includes a
reference to such an order revived under subsection (9).
70 Variation, revival and revocation: supplementary provisions
[1983/13/19(11) and 22]
(1) In exercising the powers conferred by section 69 the court shall —
(a) so far as it appears to the court just to do so, give effect to any
agreement which has been reached between the parties in relation
to the application, and
(b) if there is no such agreement or if the court decides not to give
effect to the agreement, the court shall have regard to all the
circumstances of the case, first consideration being given to the
Matrimonial Proceedings Act 2003 Section 71
c AT 7 of 2003 Page 67
welfare while a minor of any child of the family who has not
attained the age of 18.
(2) For the purpose of subsection (1) the circumstances of the case include
any change in any of the matters —
(a) to which the court was required to have regard when making the
order to which the application relates or
(b) in the case of an application for the variation or revocation of an
agreement order, or on an appeal under section 104 of the
Summary Jurisdiction Act 1989, to which the court would have been
required to have regard if that order had been a maintenance
order.
(3) Provision may be made by rules of court as to the persons who are to be
made respondents on an application for the variation, revival or
revocation of an order under section 69.
(4) If on an application under section 69 there are 2 or more respondents, the
powers of the court under section 47 of the Summary Jurisdiction Act 1989
include power, whatever adjudication the court makes on the
application, to order any of the parties to pay the whole or part of the
costs of all or any of the other parties.
(5) The powers of a court to revoke, revive or vary an order for the
periodical payment of money under section 55 of the Summary
Jurisdiction Act 1989 and to suspend or rescind certain other orders under
section 102(2) of that Act do not apply in relation to an order made under
this Part.
71 Variation of instalments of lump sum
[1983/13/21]
Where in the exercise of its powers under section 92 of the Summary Jurisdiction
Act 1989 a court orders that a lump sum required to be paid under this Part
shall be paid by instalments, the court, on an application made by either the
person liable to pay or the person entitled to receive that sum, may vary that
order by varying —
(a) the number of instalments payable,
(b) the amount of any instalment payable, and
(c) the date on which any instalment becomes payable.
72 Variation or revocation of orders: party outside the Island
[1983/13/23]
(1) It is hereby declared that any jurisdiction conferred on a court by virtue
of section 69 is exercisable even though the proceedings are brought by
or against a person residing outside the Island.
Section 73 Matrimonial Proceedings Act 2003
Page 68 AT 7 of 2003 c
(2) Subject to subsection (3), a court may, if it is satisfied that the respondent
has been outside the Island during the whole of the period beginning one
month before the making of the application and ending with the date of
the hearing, proceed on an application made under section 69 even
though the respondent has not been served with notice of the complaint
and of the time and place appointed for the hearing; and rules of court
may prescribe any other matters as to which the court is to be satisfied
before proceedings in such a case.
(3) A court shall not exercise its powers under section 69 so as to increase the
amount of any periodical payments required to be made by any person
under this Part unless —
(a) the order under that section is made at a hearing at which that
person appears, or
(b) the requirements of section 44(3) of the Summary Jurisdiction Act
1989 with respect to proof of notice of the complaint and of the
hearing or appearance on a previous occasion are satisfied in
respect of that person.
73 Effect on certain orders of parties living together
[1983/13/24]
(1) Where periodical payments are required to be made to one of the parties
to a marriage (whether for his own benefit or for the benefit of a child of
the family) by a maintenance order or agreement order or by an interim
maintenance order (except one made on an application for a continuance
order), the order shall be enforceable even though —
(a) the parties to the marriage are living with each other at the date of
the making of the order, or
(b) where they are not living with each other at that date, they
subsequently resume living with each other;
but the order shall cease to have effect if after that date the parties
continue to live with each other, or resume living with each other, for a
continuous period exceeding 6 months.
(2) Where any of the following orders is made under this Part —
(a) a maintenance order or agreement order which requires
periodical payments to be made to a child of the family,
(b) an interim maintenance order (except one made on an application
for a continuance order) which requires periodical payments to be
made to a child of the family,
then, unless the court otherwise directs, the order shall continue to have
effect and be enforceable even though —
(i) the parties to the marriage in question are living with each
other at the date of the making of the order, or
Matrimonial Proceedings Act 2003 Section 74
c AT 7 of 2003 Page 69
(ii) where they are not living with each other at that date, they
subsequently resume living with each other.
(3) A continuance order, and any interim maintenance order made on an
application for a continuance order, shall cease to have effect if the
parties to the marriage resume living with each other.
(4) Where an order made under this Part ceases to have effect by virtue of
subsection (1) or (3) or by virtue of a direction given under
subsection (2), a court may, on an application made by either party to the
marriage, make an order declaring that the first mentioned order ceased
to have effect from such date as the court may specify.
74 Powers of High Court in relation to certain orders
[1983/13/27]
(1) This section applies where, after the making by a court of an order under
this Part, proceedings between, and relating to the marriage of, the
parties to the proceedings in which that order was made have been
commenced in the High Court.
(2) Except in the case of an order for the payment of a lump sum, the High
Court may, if it thinks fit, direct that the order referred to in
subsection (1) shall cease to have effect on such date as may be specified
in the direction.
General
75 Constitution of courts
[1983/13/29]
(1) Where the hearing of an application for a maintenance order is
adjourned after the court has decided that it is satisfied of any ground
mentioned in section 59, the court which resumes the hearing of that
application may include justices who were not sitting when the hearing
began if —
(a) the parties to the proceedings agree; and
(b) at least one of the justices composing the court which resumes the
hearing was sitting when the hearing of the application began.
(2) Where, by virtue of subsection (1), among the justices composing the
court which resumes the hearing of an application for a maintenance
order there are any justices who were not sitting when the hearing of the
application began, the court which resumes the hearing shall before
making any order on the application make such inquiry into the facts
and circumstances of the case as will enable the justices who were not
sitting when the hearing began to be fully acquainted with those facts
and circumstances.
Section 76 Matrimonial Proceedings Act 2003
Page 70 AT 7 of 2003 c
76 Repayment of sums paid after cessation of order by reason of
remarriage
[1983/13/32]
(1) Where —
(a) a maintenance order, agreement order or continuance order has
ceased to have effect by reason of the remarriage of the party in
whose favour it was made, and
(b) the person liable to make payments under the order made
payments in accordance with it in respect of a period after the
date of that remarriage in the mistaken belief that the order was
still subsisting,
no proceedings in respect of a cause of action arising out of the
circumstances mentioned in paragraphs (a) and (b) shall be maintainable
by the person so liable or his personal representatives against the person
so entitled or his personal representatives, but on an application made
under this section the High Court may exercise the powers conferred on
it by subsection (2).
(2) The High Court may order the respondent to an application made under
this section to pay to the applicant a sum equal to the amount of the
payments made in respect of the period mentioned in subsection (1)(b)
or, if it appears to the High Court that it would be unjust to make that
order, it may either order the respondent to pay to the applicant such
lesser sum as it thinks fit or dismiss the application.
(3) An application under this section may be made by the person liable to
make payments under the maintenance order, agreement order or
continuance order or his personal representatives and may be made
against the person entitled to payments under that order or his personal
representatives.
(4) An order under this section for the payment of any sum may provide for
the payment of that sum by instalments of such amount as may be
specified in the order.
(5) Where payments under a maintenance order, agreement order or
continuance order are required to be made to the Chief Registrar, the
Chief Registrar shall not be liable for any act done by him in pursuance
of the order after the date on which the order ceased to have effect by
reason of the remarriage of the person entitled to payment under it, if,
but only if, —
(a) the act was one which he would have been under a duty to do
had the order not ceased to have effect by reason of the
remarriage, and
(b) the act was done before notice in writing of the fact that the
person so entitled had remarried was given to him by or on behalf
of that person, the person liable to make the payments under the
Matrimonial Proceedings Act 2003 Section 77
c AT 7 of 2003 Page 71
first-mentioned order or the personal representatives of either of
those persons.
77 Interpretation of Part 3
[1983/13/33]
(1) In this Part —
“agreement order
” means an order under section 64;
“applicant
” means the applicant for an order;
“child
”, in relation to one or both of the parties to a marriage, includes a person
who is not a marital child of that party or, as the case may be, of both
parties;
“continuance order
” means an order under section 65;
“court
” has the meaning given by section 57;
“interim maintenance order
” means an order under section 68(1);
“maintenance order
” means an order under section 60;
“respondent
” means the respondent to an application for an order.
(2) Reference in this Part to the parties to a marriage living with each other
shall be construed as reference to their living with each other in the same
household.
PART 4 – FINANCIAL RELIEF AFTER FOREIGN DIVORCE ETC
Applications for financial relief
78 Applications for financial relief after foreign divorce etc.
[2001/5/41]
(1) Where —
(a) a marriage has been dissolved or annulled, or the parties to a
marriage have been legally separated, by means of judicial or
other proceedings in a foreign country, and
(b) the divorce, annulment or legal separation is entitled to be
recognised as valid in the Island,
either party to the marriage may apply to the High Court in the
prescribed manner for an order for financial relief under this Part.
(2) If after a marriage has been dissolved or annulled in a foreign country
one of the parties to the marriage remarries that party shall not be
entitled to make an application in relation to that marriage.
Section 79 Matrimonial Proceedings Act 2003
Page 72 AT 7 of 2003 c
(3) In this Part except sections 85, 88 and 89, “order for financial relief”
means an order under section 83 of a description referred to in that
section.
79 Leave of the court required for applications for financial relief
[2001/5/42]
(1) No application for an order for financial relief shall be made under this
Part unless the leave of the Court has been obtained in accordance with
rules of court; and the Court shall not grant leave unless it considers that
there is substantial ground for the making of an application for such an
order.
(2) The Court may grant leave under this section even though an order has
been made by a court in a country outside the Island requiring the other
party to the marriage to make any payment or transfer any property to
the applicant or a child of the family.
(3) Leave under this section may be granted subject to such conditions as the
Court thinks fit.
80 Interim orders for maintenance
[2001/5/43]
(1) Where leave is granted under section 79 for the making of an application
for an order for financial relief and it appears to the Court that the
applicant or any child of the family is in immediate need of financial
assistance, the Court may make an interim order for maintenance, that is
to say, an order requiring the other party to the marriage to make to the
applicant or to the child such periodical payments, and for such term,
being a term beginning not earlier than the date of the grant of leave and
ending with the date of the determination of the application for an order
for financial relief, as the Court thinks reasonable.
(2) If it appears to the Court that it has jurisdiction to entertain the
application for an order for financial relief by reason only of section 81(c),
the Court shall not make an interim order under this section.
(3) An interim order under subsection (1) may be made subject to such
conditions as the Court thinks fit.
81 Jurisdiction
[2001/5/44]
The Court shall have jurisdiction to entertain an application for an order for
financial relief if any of the following jurisdictional requirements are satisfied —
(a) either of the parties to the marriage was domiciled in the Island
on the date of the application for leave under section 79 or was so
domiciled on the date on which the divorce, annulment or legal
Matrimonial Proceedings Act 2003 Section 82
c AT 7 of 2003 Page 73
separation obtained in the foreign country took effect in that
country; or
(b) either of the parties to the marriage was habitually resident in the
Island throughout the period of one year ending with —
(i) the date of the application for leave, or
(ii) the date on which the divorce, annulment or legal
separation obtained in the foreign country took effect in
that country; or
(c) either or both of the parties to the marriage had at the date of the
application for leave a beneficial interest in possession in a
dwelling-house situated in the Island which was at some time
during the marriage a matrimonial home of the parties to the
marriage.
82 Duty to consider whether the Island is appropriate venue for
application
[2001/5/45]
(1) Before making an order for financial relief the Court shall consider
whether in all the circumstances of the case it would be appropriate for
such an order to be made by a court in the Island, and if the Court is not
satisfied that it would be appropriate, the Court shall dismiss the
application.
(2) The Court shall in particular have regard to the following matters —
(a) the connection which the parties to the marriage have with the
Island;
(b) the connection which those parties have with the country in
which the marriage was dissolved or annulled or in which they
were legally separated;
(c) the connection which those parties have with any other country
outside the Island;
(d) any financial benefit which the applicant or a child of the family
has received, or is likely to receive, in consequence of the divorce,
annulment or legal separation, by virtue of any agreement or the
operation of the law of a country outside the Island;
(e) in a case where an order has been made by a court in a country
outside the Island requiring the other party to the marriage to
make any payment or transfer any property for the benefit of the
applicant or a child of the family, the financial relief given by the
order and the extent to which the order has been complied with or
is likely to be complied with;
(f) any right which the applicant has, or has had, to apply for
financial relief from the other party to the marriage under the law
Section 83 Matrimonial Proceedings Act 2003
Page 74 AT 7 of 2003 c
of any country outside the Island and, if the applicant has omitted
to exercise that right, the reason for that omission;
(g) the availability in the Island of any property in respect of which
an order under this Part in favour of the applicant could be made;
(h) the extent to which any order made under this Part is likely to be
enforceable;
(i) the length of time which has elapsed since the date of the divorce,
annulment or legal separation.
Orders for financial provision and property adjustment
83 Orders for financial provision and property adjustment
[2001/5/46]
(1) Subject to section 86, the Court on an application by a party to a marriage
for an order for financial relief under this section may make any one or
more of the orders which it could make under Part 2 if a divorce order,
annulment order or separation order in respect of the marriage had been
made in the Island, that is —
(a) a financial provision order;
(b) a property adjustment order;
(c) if the marriage has been dissolved or annulled, a pension sharing
order.
(2) Subject to section 86, where the Court makes under subsection (1) —
(a) a secured periodical payments order,
(b) an order for payment of a lump sum, or
(c) a property adjustment order,
it may, on making that order or at any time afterwards, make a sale of
property order which it would have power to make if the order in
question had been made under Part 2.
84 Matters to which the court is to have regard in exercising its powers
under s 83
[2001/5/47]
(1) In deciding whether to exercise its powers under section 83 and, if so, in
what manner, the Court shall act in accordance with this section.
(2) The Court shall have regard to all the circumstances of the case, first
consideration being given to the welfare while a minor of any child of the
family who has not attained the age of 18.
(3) As regards the exercise of those powers in relation to a party to the
marriage, the Court —
Matrimonial Proceedings Act 2003 Section 85
c AT 7 of 2003 Page 75
(a) shall in particular have regard to the matters mentioned in
section 32(2)(a) to (h), and
(b) shall be under duties corresponding with those imposed by
section 33(1) and (2) where it decides to exercise under section 83
powers corresponding to the powers referred to in that section.
(4) The matters to which the Court is to have regard under subsection (3) —
(a) so far as relating to section 32(2)(a), include any benefits under a
pension arrangement which a party to the marriage has or is
likely to have (whether or not in the foreseeable future), and
(b) so far as relating to section 32(2)(h), include any benefits under a
pension arrangement which, by reason of the dissolution or
annulment of the marriage, a party to the marriage will lose the
chance of acquiring.
(5) As regards the exercise of those powers in relation to a child of the
family, the Court shall in particular have regard to the matters
mentioned in section 32(3)(a) to (e).
(6) As regards the exercise of those powers against a party to the marriage in
favour of a child of the family who is not the child of that party, the
Court shall also have regard to the matters mentioned in section 32(4)(a)
to (c).
(7) Where an order has been made by a court outside the Island for the
making of payments or the transfer of property by a party to the
marriage, the Court in considering in accordance with this section the
financial resources of the other party to the marriage or a child of the
family shall have regard to the extent to which that order has been
complied with or is likely to be complied with.
85 Consent orders for financial provision or property adjustment
[2001/5/48]
(1) Notwithstanding anything in section 84, on an application for a consent
order for financial relief the Court may, unless it has reason to think that
there are other circumstances into which it ought to inquire, make an
order in the terms agreed on the basis only of the prescribed information
furnished with the application.
(2) Subsection (1) applies to an application for a consent order varying or
discharging an order for financial relief as it applies to an application for
an order for financial relief.
(3) In this section —
“consent order”, in relation to an application for an order, means an order in the
terms applied for to which the respondent agrees;
“order for financial relief” means an order under section 83.
Section 86 Matrimonial Proceedings Act 2003
Page 76 AT 7 of 2003 c
86 Restriction of powers of court where jurisdiction depends on
matrimonial home in the Island
[2001/5/49]
(1) Where the Court has jurisdiction to entertain an application for an order
for financial relief by reason only of the situation in the Island of a
dwelling-house which was a matrimonial home of the parties, the Court
may make under section 83 any one or more of the following orders (but
no other) —
(a) a lump sum order;
(b) a transfer of property order with respect to the interest of a party
in the dwelling-house, or such part of that interest as may be
specified in the order;
(c) an order for a settlement of property consisting of that interest or
such part of that interest as may be specified in the order;
(d) an order for variation of a settlement so far as it relates to an
interest in the dwelling-house;
(e) a sale of property order with respect to the interest of a party in
the dwelling-house.
(2) Where, in the circumstances mentioned in subsection (1), the Court
makes an order for payment of a lump sum by a party to the marriage,
the amount of the lump sum shall not exceed, or where more than one
such order is made the total amount of the lump sums shall not exceed in
aggregate, the following amount —
(a) if the interest of that party in the dwelling-house is sold in
pursuance of an order under subsection (1)(e) the amount of the
proceeds of the sale of that interest after deducting from them any
costs incurred in the sale of it;
(b) if the interest of that party is not so sold, the amount which in the
opinion of the Court represents the value of that interest.
(3) Where the interest of a party to the marriage in the dwelling-house is
held jointly or in common with any other person or persons —
(a) the reference in subsection (1)(e) to the interest of a party to the
marriage shall be construed as including a reference to the interest
of that other person, or the interest of those other persons, in the
dwelling-house, and
(b) the reference in subsection (2)(a) to the amount of the proceeds of
a sale ordered under subsection (1)(e) shall be construed as a
reference to that part of those proceeds which is attributable to the
interest of that party to the marriage in the dwelling-house.
Matrimonial Proceedings Act 2003 Section 87
c AT 7 of 2003 Page 77
87 Application to orders under ss 80 and 83 of certain provisions of Part 2
[2001/5/50]
(1) The following provisions of Part 2 apply in relation to an order under
section 80 or 83 as they apply in relation to a like order under that Part —
(a) section 28(7) (lump sums);
(b) section 30(2) and (4) to (7) (sale of property orders);
(c) section 31(3) to (5) (pension sharing orders in relation to divorce
etc.);
(d) section 34(3) to (9) (attachment of pension and commutation);
(e) section 35 (pensions: lump sums)
(f) section 36(2) and (3) (pension sharing orders: supplemental);
(g) section 40(1) and (3) (duration of continuing financial provision
orders in favour of party to marriage);
(h) section 41 (orders in favour of children: duration and age limit);
(i) section 42 (direction for settlement of instrument), except
paragraph (b);
(j) section 43 (variation of orders), except subsection (1)(f);
(k) section 44 (variation: supplemental), except subsection (1);
(l) section 45 (payment through Chief Registrar);
(m) section 46 (payment of certain arrears);
(n) section 47 (orders for repayment of sums paid under certain
orders);
(o) section 53 (orders for repayment after remarriage);
(p) section 54 (avoidance of settlement on bankruptcy);
(q) section 55 (payments under order in favour of mental patient);
and
(r) section 56 (appeals relating to certain pension sharing orders).
(2) Subsection (1)(d) and (e) do not apply where the Court has jurisdiction to
entertain an application for an order for financial relief by reason only of
the situation in the Island of a dwelling-house which was a matrimonial
home of the parties.
(3) Section 36(1) applies in relation to an order made under section 83 by
virtue of subsection (1)(c) or (f) as it applies in relation to an order made
under section 28 by virtue of section 36(2) or (3).
(4) The Department of Health and Social Care may by regulations make for
the purposes of this Part provision corresponding to any provision which
it may make under section 36(4) or (5).23
(5) Regulations under subsection (4) shall not have effect unless they are
approved by Tynwald.
Section 88 Matrimonial Proceedings Act 2003
Page 78 AT 7 of 2003 c
Avoidance of transactions intended to prevent or reduce financial relief
88 Avoidance of transactions intended to defeat applications for financial
relief
[2001/5/51]
(1) For the purposes of this section “financial relief” means relief under
section 80 or 83, and any reference to defeating a claim by a party to a
marriage for financial relief is a reference to —
(a) preventing financial relief from being granted or reducing the
amount of relief which might be granted, or
(b) frustrating or impeding the enforcement of any order which
might be or has been made under either of those provisions at the
instance of that party.
(2) Where leave is granted under section 79 for the making by a party to a
marriage of an application for an order for financial relief under
section 83 the Court may, on an application by that party —
(a) if it is satisfied that the other party to the marriage is, with the
intention of defeating the claim for financial relief, about to make
any disposition or to transfer out of the jurisdiction or otherwise
deal with any property, make such order as it thinks fit for
restraining the other party from so doing or otherwise for
protecting the claim;
(b) if it is satisfied that the other party has, with that intention, made
a reviewable disposition and that if the disposition were set aside
financial relief or different financial relief would be granted to the
applicant, make an order setting aside the disposition.
(3) Where an order for financial relief under section 80 or 83 has been made
by the Court at the instance of a party to a marriage, then, on an
application made by that party, the Court may, if it is satisfied that the
other party to the marriage has, with the intention of defeating the claim
for financial relief, made a reviewable disposition, make an order setting
aside the disposition.
(4) Where the Court has jurisdiction to entertain the application for an order
for financial relief by reason only of section 81(c), it shall not make any
order under subsection (2) or (3) in respect of any property other than the
dwelling-house concerned.
(5) Where the Court makes an order under subsection (2)(b) or (3) setting
aside a disposition it shall give such consequential directions as it thinks
fit for giving effect to the order (including directions requiring the
making of any payments or the disposal of any property).
(6) In subsections (2) and (3) “reviewable disposition” means any
disposition made by the other party to the marriage (whether before or
Matrimonial Proceedings Act 2003 Section 89
c AT 7 of 2003 Page 79
after the commencement of the application), unless it was made for
valuable consideration (other than marriage) to a person who, at the time
of the disposition, acted in relation to it in good faith and without notice
of any intention on the part of the other party to defeat the applicant’s
claim for financial relief.
(7) Where an application is made under subsection (2) or (3) with respect to
a disposition which took place less than 3 years before the date of the
application or with respect to a disposition or other dealing with
property which is about to take place and the Court is satisfied —
(a) in a case falling within subsection (2)(a) or (b), that the disposition
or other dealing would (apart from this section) have the
consequence, or
(b) in a case falling within subsection (3), that the disposition has had
the consequence,
of defeating a claim by the applicant for financial relief, it shall be
presumed, unless the contrary is shown, that the person who disposed of
or is about to dispose of or deal with the property did so or, as the case
may be, is about to do so, with the intention of defeating the applicant’s
claim for financial relief.
(8) In this section “disposition” —
(a) includes any conveyance, assurance or gift of property of any
description, whether made by an instrument or otherwise; but
(b) excludes any provisions contained in a will or codicil.
(9) This section is without prejudice to any power of the Court to grant
injunctions.
89 Prevention of transactions intended to defeat prospective applications
for financial relief
[2001/5/52]
(1) Where, on an application by a party to a marriage, it appears to
the Court —
(a) that the marriage has been dissolved or annulled, or that the
parties to the marriage have been legally separated, by means of
judicial or other proceedings in a foreign country; and
(b) that the applicant intends to apply for leave to make an
application for an order for financial relief under section 82 as
soon as he or she has been habitually resident in the Island for a
period of one year; and
(c) that the other party to the marriage is, with the intention of
defeating a claim for financial relief, about to make any
disposition or to transfer out of the jurisdiction or otherwise deal
with any property,
Section 90 Matrimonial Proceedings Act 2003
Page 80 AT 7 of 2003 c
the Court may make such order as it thinks fit for restraining the other
party from taking such action as is mentioned in paragraph (c).
(2) For the purposes of an application under subsection (1) —
(a) the reference to defeating a claim for financial relief shall be
construed in accordance with section 88(1) (omitting the reference
to any order which has been made); and
(b) subsections (7) and (8) of section 88 apply as they apply for the
purposes of an application under that section.
(3) This section is without prejudice to any power of the Court to grant
injunctions.
Interpretation
90 Interpretation of Part 4
[2001/5/53]
In this Part —
“the Court
” means the High Court;
“dwelling-house
” includes any building or part thereof which is occupied as a
dwelling, and any yard, garden, garage or outhouse belonging to the
dwelling-house and occupied therewith;
“order for financial relief
” has the meaning given by section 78(3);
“foreign country
” means a country or territory outside the British Islands;
“possession
” includes receipt of, or the right to receive, rents and profits;
“prescribed
” means prescribed by rules of court;
“rent
” does not include mortgage interest.
PART 5 – FAMILY HOMES AND DOMESTIC VIOLENCE
Jurisdiction
91 Jurisdiction
[P1996/27/57-59 and 61]
(1) Subject to section 49 of the Summary Jurisdiction Act 1989 (composition of
courts) and to the following provisions of this section, in this Part “the
court
” means the High Court or a court of summary jurisdiction.
(2) A court of summary jurisdiction shall not be competent to entertain any
application, or make any order, involving any disputed question as to a
party’s entitlement to occupy any property by virtue of a beneficial estate
Matrimonial Proceedings Act 2003 Section 91
c AT 7 of 2003 Page 81
or interest or contract, unless it is unnecessary to determine the question
in order to deal with the application or make the order.
(3) Subject to subsection (2), if, in proceedings on an application to the High
Court for an order under this Part, the High Court is of the opinion that
the application would be more conveniently dealt with by a court of
summary jurisdiction, it may by order —
(a) stay the proceedings, and
(b) direct that the application be heard and determined by such court
of summary jurisdiction as is specified in the order.
(4) Where on hearing an application for an order under this Part (otherwise
than pursuant to a direction under subsection (3)(b)) a court of summary
jurisdiction is of the opinion that any of the matters in question between
the parties would be more conveniently dealt with by the High Court,
the court shall refuse to make any order on the application, and no
appeal shall lie from that refusal.
(5) If, in any proceedings in the High Court relating to or comprising the
same subject matter as an application which has been refused under
subsection (4), the High Court so orders, the application shall be reheard
and determined by such court of summary jurisdiction as is specified in
the order.
(6) The powers of a court in relation to contempt of court arising out of a
person’s failure to comply with an order under this Part may be
exercised —
(a) where the order was made by the High Court, by any judge of
that Court; or
(b) where the order was made by a court of summary jurisdiction, by
any court of summary jurisdiction.
(7) An order of the High Court made on an appeal under section 104 of the
Summary Jurisdiction Act 1989 against an order, decision or other act of a
court of summary jurisdiction under this Part (other than one directing
that an application be re-heard by a court of summary jurisdiction) shall,
for the purposes of —
(a) the enforcement of the order, and
(b) any power to vary, revive or revoke orders,
be treated as if it were an order of the court of summary jurisdiction from
which the appeal was brought and not an order of the High Court.
Section 92 Matrimonial Proceedings Act 2003
Page 82 AT 7 of 2003 c
Rights to occupy matrimonial or civil partnership home24
92 Rights concerning home where one spouse or civil partner has no
estate, etc
25
[P1996/27/30]
(1) This section applies if —
(a) one spouse or civil partner (“A”) is entitled to occupy a dwelling-
house by virtue of a beneficial estate or interest or contract; and26
(b) the other spouse or civil partner (“B”) is not so entitled.27
(2) Subject to the provisions of this Part, B has the following rights (“home
rights”) —
(a) if in occupation, a right not to be evicted or excluded from the
dwelling-house or any part of it by A except with the leave of the
court given by an order under section 95;28
(b) if not in occupation, a right with the leave of the court so given to
enter into and occupy the dwelling-house.29
(3) If B is entitled under this section to occupy a dwelling-house or any part
of a dwelling-house, any payment or tender made or other thing done by
B in or towards satisfaction of any liability of A in respect of rent,
mortgage payments or other outgoings affecting the dwelling-house is,
whether or not it is made or done in pursuance of an order under
section 103, as good as if made or done by A.30
(4) If B —
(a) is entitled under this section to occupy a dwelling-house or any
part of a dwelling-house, and
(b) makes any payment in or towards satisfaction of any liability of A
in respect of mortgage payments affecting the dwelling-house,31
the person to whom the payment is made may treat it as having been
made by the [second spouse]32
, but the fact that that person has treated
any such payment as having been so made does not affect any claim of B
against A to an interest in the dwelling-house by virtue of the payment.33
(5) If B is entitled under this section to occupy a dwelling-house or part of a
dwelling-house by reason of an interest of A under a trust,
subsections (3) and (4) apply in relation to the trustees as they apply in
relation to A.34
(6) This section does not apply to a dwelling-house which —
(a) in the case of spouses, has at no time been, and was at no time
intended by them to be, a matrimonial home of theirs; and
(b) in the case of civil partners, has at no time been, and was at no
time intended by them to be, a civil partnership home of theirs.35
Matrimonial Proceedings Act 2003 Section 93
c AT 7 of 2003 Page 83
(7) B’s home rights continue —
(a) only so long as the marriage or civil partnership subsists, except
to the extent that an order under section 95(4) otherwise
provides; and36
(b) only so long as A is entitled as mentioned in subsection (1) to
occupy the dwelling-house, except where provision is made by
section 93 for those rights to be a charge on an estate or interest in
the dwelling-house.37
38
(8) It is hereby declared that a person —
(a) who has an equitable interest in a dwelling-house or in its
proceeds of sale, but
(b) is not a person in whom there is vested (whether solely or as joint
tenant) a legal estate in customary fee simple or a legal term of
years absolute in the dwelling-house,39
is to be treated, only for the purpose of determining whether he or she
has home rights, as not being entitled to occupy the dwelling-house by
virtue of that interest.40
41
93 Rights as charge on dwelling-house
[P1996/2731; 1971/23/2(5)]
(1) If, at any time during a marriage or civil partnership, A is entitled to
occupy a dwelling-house by virtue of a beneficial estate or interest —
(a) B’s home rights are a charge on the estate or interest; and42
(b) that charge has the same priority as if it were an equitable interest
created at whichever is the latest of the following dates —
(i) the date on which A acquired the estate or interest;43
(ii) the date of the marriage or of the formation of the civil
partnership; and44
(iii) 21st August 1972 (the commencement date of the
Matrimonial Homes Act 1971).45
(2) If, at any time when B’s home rights are a charge on an interest of A
under a trust, there are, apart from A or B, no persons, living or unborn,
who are or could become beneficiaries under the trust —
(a) the rights are a charge also on the estate or interest of the trustees
for A;46
(b) that charge has the same priority as if it were an equitable interest
created (under powers overriding the trusts) on the date when it
arises.47
(3) In determining for the purposes of subsection (2) whether there are any
persons who are not, but could become, beneficiaries under the trust,
Section 94 Matrimonial Proceedings Act 2003
Page 84 AT 7 of 2003 c
there is to be disregarded any potential exercise of a general power of
appointment exercisable by either or both of A and B alone (whether or
not the exercise of it requires the consent of another person).48
(4) Even though B’s home rights are a charge on an estate or interest in the
dwelling-house, those rights are brought to an end by —
(a) the death of A, or49
(b) the termination (otherwise than by death) of the marriage or civil
partnership,50
unless the court directs otherwise by an order made under
section 95(4).51
(5) If —
(a) B’s home rights are a charge on an estate or interest in the
dwelling-house, and52
(b) that estate or interest is surrendered to merge in some other estate
or interest expectant on it in such circumstances that, but for the
merger, the person taking the estate or interest would be bound
by the charge,
the surrender has effect subject to the charge, and the persons thereafter
entitled to the other estate or interest are, for so long as the estate or
interest surrendered would have endured if not so surrendered, to be
treated for all purposes of this Part as deriving title to the other estate or
interest under A or, as the case may be, under the trustees for A, by
virtue of the surrender.53
(6) Where B’s home rights are a charge on the estate or interest of A, and
A —
(a) is adjudged bankrupt;
(b) makes a conveyance or assignment of his property (including that
estate or interest) to trustees for the benefit of his creditors
generally; or
(c) dies and his estate is insolvent;
then, even though it is registered within the meaning of Schedule 2, the
charge shall be void against the trustee in bankruptcy, the trustees under
the conveyance or assignment or the personal representatives of A, as the
case may be.54
94 Registration of home rights
[P1996/27/32]
Schedule 2 has effect with respect to the registration of home rights.55
Matrimonial Proceedings Act 2003 Section 95
c AT 7 of 2003 Page 85
Occupation orders
95 Occupation orders where applicant has interest or rights
[P1996/27/33]
(1) If —
(a) a person (“the person entitled”) —
(i) is entitled to occupy a dwelling-house by virtue of a
beneficial estate or interest or contract, or
(ii) has home rights in relation to a dwelling-house, and56
(b) the dwelling-house —
(i) is or at any time has been the home of the person entitled
and of another person with whom he is associated, or
(ii) was at any time intended by the person entitled and any
such other person to be their home,
the person entitled may apply to the court for an order containing any of
the provisions specified in subsections (2), (3) and (4).
(2) An order under this section may —
(a) enforce the applicant’s entitlement to remain in occupation as
against the other person (“the respondent”);
(b) require the respondent to permit the applicant to enter and
remain in the dwelling-house or part of the dwelling-house;
(c) regulate the occupation of the dwelling-house by either or both
parties;
(d) if the respondent is entitled as mentioned in subsection (1)(a)(i),
prohibit, suspend or restrict the exercise by him of his right to
occupy the dwelling-house;
(e) if the respondent has home rights in relation to the dwelling-
house and the applicant is the other spouse or civil partner,
restrict or terminate those rights;57
(f) require the respondent to leave the dwelling-house or part of the
dwelling-house; or
(g) exclude the respondent from a defined area in which the
dwelling-house is included.
(2A) If a civil partnership agreement (as defined by section 71(3) of the Civil
Partnership Act 2011) is terminated, no application under this section may
be made by virtue of section 115(3)(ea) by reference to that agreement
after the end of the period of 3 years beginning with the day on which it
is terminated.58
(3) An order under this section may declare that the applicant is entitled as
mentioned in subsection (1)(a)(i) or has home rights.59
Section 95 Matrimonial Proceedings Act 2003
Page 86 AT 7 of 2003 c
(4) If the applicant has home rights and the respondent is the other spouse
or civil partner, an order under this section made during the marriage or
civil partnership may provide that those rights are not brought to an
end by —
(a) the death of the other spouse or civil partner; or
(b) the termination (otherwise than by death) of the marriage or civil
partnership.60
(5) In deciding whether to exercise its powers under subsection (2) and (if
so) in what manner, the court shall have regard to all the circumstances
including —
(a) the housing needs and housing resources of each of the parties
and of any relevant child;
(b) the financial resources of each of the parties;
(c) the likely effect of any order, or of any decision by the court not to
exercise its powers under subsection (2), on the health, safety or
well-being of the parties and of any relevant child; and
(d) the conduct of the parties in relation to each other and otherwise.
(6) If it appears to the court that the applicant or any relevant child is likely
to suffer significant harm attributable to conduct of the respondent if an
order under this section containing one or more of the provisions
mentioned in subsection (2) is not made, the court shall make the order
unless it appears to it that —
(a) the respondent or any relevant child is likely to suffer significant
harm if the order is made; and
(b) the harm likely to be suffered by the respondent or child in that
event is as great as, or greater than, the harm attributable to
conduct of the respondent which is likely to be suffered by the
applicant or child if the order is not made.
(7) The court may exercise its powers under subsection (4) in any case where
it considers that in all the circumstances it is just and reasonable to do so.
(8) An order under this section —
(a) may not be made after the death of either of the parties mentioned
in subsection (1); and
(b) except in the case of an order made by virtue of subsection (4)(a),
ceases to have effect on the death of either party.
(9) An order under this section may, in so far as it has continuing effect, be
made for a specified period, until the occurrence of a specified event or
until further order.
Matrimonial Proceedings Act 2003 Section 96
c AT 7 of 2003 Page 87
96 Effect of order where rights are charge on dwelling-house
[P1996/27/34]
(1) If B’s home rights are a charge on the estate or interest of A or of trustees
for A —
(a) an order under section 95 against A has, except so far as a
contrary intention appears, the same effect against persons
deriving title under A or under the trustees and affected by the
charge, and61
(b) sections 95(1), (2), (3) and (9) and 92(3) to (5) apply in relation to
any person deriving title under A or under the trustees and
affected by the charge as they apply in relation to A.62
63
(2) The court may make an order under section 95 by virtue of
subsection (1)(b) if it considers that in all the circumstances it is just and
reasonable to do so.
97 Former spouse or former civil partner with no existing right to occupy
64
[P1996/27/35(1)-(8)]
(1) This section applies if —
(a) one former spouse or former civil partner is entitled to occupy a
dwelling-house by virtue of a beneficial estate or interest or
contract;65
(b) the other former spouse or former civil partner is not so entitled;
and66
(c) the dwelling-house —
(i) in the case of former spouses, was at any time their
matrimonial home or was at any time intended by them to
be their matrimonial home, or
(ii) in the case of former civil partners, was at any time their
civil partnership home or was at any time intended by
them to be their civil partnership home.67
(2) The former spouse or former civil partner not so entitled may apply to
the court for an order under this section against the other former spouse
or former civil partner (“the respondent”).68
(3) If the applicant is in occupation, an order under this section must contain
provision —
(a) giving the applicant the right not to be evicted or excluded from
the dwelling-house or any part of it by the respondent for the
period specified in the order; and
(b) prohibiting the respondent from evicting or excluding the
applicant during that period.
Section 97 Matrimonial Proceedings Act 2003
Page 88 AT 7 of 2003 c
(4) If the applicant is not in occupation, an order under this section must
contain provision —
(a) giving the applicant the right to enter into and occupy the
dwelling-house for the period specified in the order; and
(b) requiring the respondent to permit the exercise of that right.
(5) An order under this section may also —
(a) regulate the occupation of the dwelling-house by either or both of
the parties;
(b) prohibit, suspend or restrict the exercise by the respondent of his
right to occupy the dwelling-house;
(c) require the respondent to leave the dwelling-house or part of the
dwelling-house; or
(d) exclude the respondent from a defined area in which the
dwelling-house is included.
(6) In deciding whether to make an order under this section containing
provision of the kind mentioned in subsection (3) or (4) and (if so) in
what manner, the court shall have regard to all the circumstances
including —
(a) the housing needs and housing resources of each of the parties
and of any relevant child;
(b) the financial resources of each of the parties;
(c) the likely effect of any order, or of any decision by the court not to
exercise its powers under subsection (3) or (4), on the health,
safety or well-being of the parties and of any relevant child;
(d) the conduct of the parties in relation to each other and otherwise;
(e) the length of time that has elapsed since the parties ceased to live
together;
(f) the length of time that has elapsed since the marriage or civil
partnership was dissolved or annulled; and69
(g) the existence of any pending proceedings between the parties —
(i) for an order under section 29;
(ia) for a property adjustment order under Part 2 of Schedule 5
to the Civil Partnership Act 2011;70
(ii) for an order under paragraph 1(2)(d) or (e) of Schedule 1 to
the Children and Young Persons Act 2001 (orders for
financial relief against parents); or
(iii) relating to the legal or beneficial ownership of the
dwelling-house.
(7) In deciding whether to exercise its power to include one or more of the
provisions referred to in subsection (5) (“a subsection (5) provision”) and
Matrimonial Proceedings Act 2003 Section 98
c AT 7 of 2003 Page 89
(if so) in what manner, the court shall have regard to all the
circumstances including the matters mentioned in subsection (6)(a) to (e).
(8) If the court decides to make an order under this section and it appears to
it that, if the order does not include a subsection (5) provision, the
applicant or any relevant child is likely to suffer significant harm
attributable to conduct of the respondent, the court shall include the
subsection (5) provision in the order unless it appears to the court that —
(a) the respondent or any relevant child is likely to suffer significant
harm if the provision is included in the order; and
(b) the harm likely to be suffered by the respondent or child in that
event is as great as or greater than the harm attributable to
conduct of the respondent which is likely to be suffered by the
applicant or child if the provision is not included.71
98 Cohabitant or former cohabitant with no existing right to occupy
[P1996/27/36(1)-(8) and 41]
(1) This section applies if —
(a) one cohabitant or former cohabitant is entitled to occupy a
dwelling-house by virtue of a beneficial estate or interest or
contract;
(b) the other cohabitant or former cohabitant is not so entitled; and
(c) that dwelling-house is the home in which they live together as
spouses or civil partners or a home in which they at any time so
lived together or intended so to live together.72
(2) The cohabitant or former cohabitant not so entitled may apply to the
court for an order under this section against the other cohabitant or
former cohabitant (“the respondent”).
(3) If the applicant is in occupation, an order under this section must contain
provision —
(a) giving the applicant the right not to be evicted or excluded from
the dwelling-house or any part of it by the respondent for the
period specified in the order; and
(b) prohibiting the respondent from evicting or excluding the
applicant during that period.
(4) If the applicant is not in occupation, an order under this section must
contain provision —
(a) giving the applicant the right to enter into and occupy the
dwelling-house for the period specified in the order; and
(b) requiring the respondent to permit the exercise of that right.
(5) An order under this section may also —
Section 98 Matrimonial Proceedings Act 2003
Page 90 AT 7 of 2003 c
(a) regulate the occupation of the dwelling-house by either or both of
the parties;
(b) prohibit, suspend or restrict the exercise by the respondent of his
right to occupy the dwelling-house;
(c) require the respondent to leave the dwelling-house or part of the
dwelling-house; or
(d) exclude the respondent from a defined area in which the
dwelling-house is included.
(6) In deciding whether to make an order under this section containing
provision of the kind mentioned in subsection (3) or (4) and (if so) in
what manner, the court shall have regard to all the circumstances
including —
(a) the housing needs and housing resources of each of the parties
and of any relevant child;
(b) the financial resources of each of the parties;
(c) the likely effect of any order, or of any decision by the court not to
exercise its powers under subsection (3) or (4), on the health,
safety or well-being of the parties and of any relevant child;
(d) the conduct of the parties in relation to each other and otherwise;
(e) the nature of the parties’ relationship;
(f) the length of time during which they have lived together as
husband and wife;
(g) whether there are or have been any children who are children of
both parties or for whom both parties have or have had parental
responsibility;
(h) the length of time that has elapsed since the parties ceased to live
together; and
(i) the existence of any pending proceedings between the parties —
(i) for an order under paragraph 1(2)(d) or (e) of Schedule 1 to
the Children and Young Persons Act 2001 (orders for
financial relief against parents); or
(ii) relating to the legal or beneficial ownership of the
dwelling-house.
(7) In deciding whether to exercise its powers to include one or more of the
provisions referred to in subsection (5) and (if so) in what manner, the
court shall have regard to all the circumstances including —
(a) the matters mentioned in subsection (6)(a) to (d);
(b) whether the applicant or any relevant child is likely to suffer
significant harm attributable to conduct of the respondent if that
provision is not included in the order; and
Matrimonial Proceedings Act 2003 Section 99
c AT 7 of 2003 Page 91
(c) whether the harm likely to be suffered by the respondent or child
if that provision is included is as great as or greater than the harm
attributable to conduct of the respondent which is likely to be
suffered by the applicant or child if the provision is not included.
99 Former spouses or former civil partners and cohabitants:
supplemental
73
[P1996/27/35(9)-(13), 36(9)-(13)]
(1) An order under section 97 or 98 —
(a) may not be made after the death of either of the parties; and
(b) ceases to have effect on the death of either of them.
(2) An order under section 97 or 98 must be limited so as to have effect for a
specified period not exceeding 6 months, but may be extended —
(a) in the case of an order under section 97, on one or more occasions,
(b) in the case of an order under section 98, on one occasion,
for a further specified period not exceeding 6 months.
(3) A person who has an equitable interest in the dwelling-house or in the
proceeds of sale of the dwelling-house but in whom there is not vested
(whether solely or as joint tenant) a legal estate in customary fee simple
or a legal term of years absolute in the dwelling-house is to be treated
(but only for the purpose of determining whether he is eligible to apply
under section 97 or 98) as not being entitled to occupy the dwelling-
house by virtue of that interest.
(4) Subsection (3) does not prejudice any right of such a person to apply for
an order under section 95.
(5) So long as an order under section 97 or 98 remains in force, section 92(3)
to (5) applies in relation to the applicant —
(a) as if the applicant were B (the person entitled to occupy the
dwelling house by virtue of section 92); and74
(b) as if the respondent were A (the person entitled as mentioned in
subsection (1)(a) of that section).75
(6) Where —
(a) the parties to proceedings for or relating to an occupation order
are cohabitants or former cohabitants, and
(b) the court is required to consider the nature of their relationship,
the court shall have regard to the fact that they have not given each other
the commitment involved in marriage or civil partnership.76
77
Section 100 Matrimonial Proceedings Act 2003
Page 92 AT 7 of 2003 c
100 Neither spouse or former spouse or civil partner entitled to occupy
78
[P1996/37/37]
(1) This section applies if —
(a) spouses or former spouses together occupy a dwelling-house
which is or was the matrimonial home; but79
(b) neither of them is entitled to remain in occupation by virtue of a
beneficial estate or interest or contract.
(1A) This section also applies if —
(a) civil partners or former civil partners occupy a dwelling-house
which is or was the civil partnership home; but
(b) neither of them is entitled to remain in occupation by virtue of a
beneficial estate or interest or contract.80
(2) Either of the parties may apply to the court for an order against the other
under this section.
(3) An order under this section may —
(a) require the respondent to permit the applicant to enter and
remain in the dwelling-house or part of the dwelling-house;
(b) regulate the occupation of the dwelling-house by either or both of
the parties;81
(c) require the respondent to leave the dwelling-house or part of the
dwelling-house; or
(d) exclude the respondent from a defined area in which the
dwelling-house is included.
(4) Section 95(5) and (6) applies to the exercise by the court of its powers
under this section as it applies to the exercise by the court of its powers
under section 95(2).
(5) An order under this section must be limited so as to have effect for a
specified period not exceeding 6 months, but may be extended on one or
more occasions for a further specified period not exceeding 6 months.82
101 Neither cohabitant or former cohabitant entitled to occupy
[P1996/27/38]
(1) This section applies if —
(a) one cohabitant or former cohabitant and the other cohabitant or
former cohabitant occupy a dwelling-house which is the home in
which they live or lived together as husband and wife; but
(b) neither of them is entitled to remain in occupation by virtue of a
beneficial estate or interest or contract.
(2) Either of the parties may apply to the court for an order against the other
under this section.
Matrimonial Proceedings Act 2003 Section 102
c AT 7 of 2003 Page 93
(3) An order under this section may —
(a) require the respondent to permit the applicant to enter and
remain in the dwelling-house or part of the dwelling-house;
(b) regulate the occupation of the dwelling-house by either or both of
the parties;
(c) require the respondent to leave the dwelling-house or part of the
dwelling-house; or
(d) exclude the respondent from a defined area in which the
dwelling-house is included.
(4) In deciding whether to exercise its powers to include one or more of the
provisions referred to in subsection (3) and (if so) in what manner, the
court shall have regard to all the circumstances including —
(a) the housing needs and housing resources of each of the parties
and of any relevant child;
(b) the financial resources of each of the parties;
(c) the likely effect of any order, or of any decision by the court not to
exercise its powers under subsection (3), on the health, safety or
well-being of the parties and of any relevant child;
(d) the conduct of the parties in relation to each other and
otherwise; and
(e) the questions mentioned in subsection (5).
(5) The questions are —
(a) whether the applicant or any relevant child is likely to suffer
significant harm attributable to conduct of the respondent if the
relevant provision is not included in the order; and
(b) whether the harm likely to be suffered by the respondent or child
if the provision is included is as great as or greater than the harm
attributable to conduct of the respondent which is likely to be
suffered by the applicant or child if the provision is not included.
(6) An order under this section shall be limited so as to have effect for a
specified period not exceeding 6 months, but may be extended on one
occasion for a further specified period not exceeding 6 months.
102 Occupation orders: supplementary provisions
[P1996/27/39]
(1) In this Part an “occupation order
” means an order under section 95, 97,
98, 100 or 101.
(2) An application for an occupation order may be made in other family
proceedings or without any other family proceedings being instituted.
(3) If —
Section 103 Matrimonial Proceedings Act 2003
Page 94 AT 7 of 2003 c
(a) an application for an occupation order is made under section 95,
97, 98, 100 or 101, and
(b) the court considers that it has no power to make the order under
the section concerned, but that it has power to make an order
under one of the other sections,
the court may make an order under that other section.
(4) The fact that a person has applied for an occupation order under
sections 97 to 101, or that an occupation order has been made, does not
affect the right of any person to claim a legal or equitable interest in any
property in any subsequent proceedings (including subsequent
proceedings under this Part).
103 Additional provisions that may be included in certain occupation
orders
[P1996/27/40]
(1) The court may on, or at any time after, making an occupation order
under section 95, 97 or 98 —
(a) impose on either party obligations as to —
(i) the repair and maintenance of the dwelling-house; or
(ii) the discharge of rent, mortgage payments or other
outgoings affecting the dwelling-house;
(b) order a party occupying the dwelling-house or any part of it
(including a party who is entitled to do so by virtue of a beneficial
estate or interest or contract) to make periodical payments to the
other party in respect of the accommodation, if the other party
would (but for the order) be entitled to occupy the dwelling-
house by virtue of a beneficial estate or interest or contract;
(c) grant either party possession or use of furniture or other contents
of the dwelling-house;
(d) order either party to take reasonable care of any furniture or other
contents of the dwelling-house;
(e) order either party to take reasonable steps to keep the dwelling-
house and any furniture or other contents secure.
(2) In deciding whether and, if so, how to exercise its powers under this
section, the court shall have regard to all the circumstances of the case
including —
(a) the financial needs and financial resources of the parties; and
(b) the financial obligations which they have, or are likely to have in
the foreseeable future, including financial obligations to each
other and to any relevant child.
Matrimonial Proceedings Act 2003 Section 104
c AT 7 of 2003 Page 95
(3) An order under this section ceases to have effect when the occupation
order to which it relates ceases to have effect.
Non-molestation orders
104 Non-molestation orders
[P1996/27/42]
(1) In this Part a “non-molestation order”
means an order containing either
or both of the following provisions —
(a) provision prohibiting a person (“the respondent”) from molesting
another person who is associated with the respondent;
(b) provision prohibiting the respondent from molesting a relevant
child.
(2) The court may make a non-molestation order —
(a) if an application for the order has been made (whether in other
family proceedings or without any other family proceedings
being instituted) by a person who is associated with the
respondent; or
(b) if in any family proceedings to which the respondent is a party
the court considers that the order should be made for the benefit
of any other party to the proceedings or any relevant child even
though no such application has been made.
(3) In deciding whether to exercise its powers under this section and, if so, in
what manner, the court shall have regard to all the circumstances
including the need to secure the health, safety and well-being —
(a) of the applicant or, in a case falling within subsection (2)(b), the
person for whose benefit the order would be made; and
(b) of any relevant child.
(4) A non-molestation order may be expressed so as to refer to molestation
in general, to particular acts of molestation, or to both.
(5) A non-molestation order may be made for a specified period or until
further order.
(6) A non-molestation order which is made in other family proceedings
ceases to have effect if those proceedings are withdrawn or dismissed.
Further provisions relating to occupation and non-molestation orders
105 Leave of court required for applications by children under 16
[P1996/27/43]
(1) A child under the age of 16 may not apply for an occupation order or a
non-molestation order except with the leave of the court.
Section 106 Matrimonial Proceedings Act 2003
Page 96 AT 7 of 2003 c
(2) The court may grant leave for the purposes of subsection (1) only if it is
satisfied that the child has sufficient understanding to make the
proposed application for the occupation order or non-molestation order.
106 Agreements to marry
[P1996/27/33(2), 42(4) and 44]
(1) This section applies where an application under this Part is made by
virtue of section 115(3)(e) (agreement to marry).
(2) Where the relevant agreement to marry has been terminated, an
application under section 95 or 104 may not be made after the end of the
period of 3 years beginning with the day on which it was terminated.
(3) Subject to subsection (4), the court shall not make an order under
section 95 or 104 unless there is produced to it evidence in writing of the
existence of the agreement to marry.
(4) Subsection (3) does not apply if the court is satisfied that the agreement
to marry was evidenced by —
(a) the gift of an engagement ring by one party to the agreement to
the other in contemplation of their marriage, or
(b) a ceremony entered into by the parties in the presence of one or
more other persons assembled for the purpose of witnessing the
ceremony.
106A Agreements to form a civil partnership
(1) This section applies where an application is made by virtue of
section 115(3)(ea) (agreement to form civil partnership).
(2) If a civil partnership agreement (as defined by section 71(3) of the Civil
Partnership Act 2011) is terminated, no application under this section may
be made by virtue of section 115(3)(ea) by reference to that agreement
after the end of the period of 3 years beginning with the day on which it
is terminated.
(3) Subject to subsection (4), the court shall not make an order under
section 95 or 106 by virtue of section 115(3)(ea) unless there is produced
to it evidence in writing of the existence of the civil partnership
agreement (as defined by section 71(3) of the Civil Partnership Act 2011).
(4) Subsection (3) does not apply if the court is satisfied that the civil
partnership agreement was evidenced by —
(a) a gift by one party to the agreement to the other as a token of the
agreement, or
(b) a ceremony entered into by the parties in the presence of one or
more other persons assembled for the purpose of witnessing the
ceremony.83
Matrimonial Proceedings Act 2003 Section 107
c AT 7 of 2003 Page 97
107 Ex parte orders
[P1996/27/45]
(1) The court may, in any case where it considers that it is just and
convenient to do so, make an occupation order or a non-molestation
order even though the respondent has not been given such notice of the
proceedings as would otherwise be required by rules of court (in the case
of the High Court) or section 43 of the Summary Jurisdiction Act 1989 (in
the case of a court of summary jurisdiction).
(2) In determining whether to exercise its powers under subsection (1), the
court shall have regard to all the circumstances including —
(a) any risk of significant harm to the applicant or a relevant child,
attributable to conduct of the respondent, if the order is not made
immediately;
(b) whether it is likely that the applicant will be deterred or
prevented from pursuing the application if an order is not made
immediately; and
(c) whether there is reason to believe that the respondent is aware of
the proceedings but is deliberately evading service and that the
applicant or a relevant child will be seriously prejudiced by the
delay involved in effecting service of the proceedings.
(3) If the court makes an order by virtue of subsection (1) it must afford the
respondent an opportunity to make representations relating to the order
as soon as just and convenient at a full hearing.
(4) If, at a full hearing, the court makes an occupation order (“the full
order”), then —
(a) for the purposes of calculating the maximum period for which the
full order may be made to have effect, section 95(9), 99(2), 100(5)
or 101(6), as the case may be, is to apply as if the period for which
the full order will have effect began on the date on which the
initial order first had effect; and
(b) the provisions of section 99(2) or 101(6) as to the extension of
orders are to apply as if the full order and the initial order were a
single order.
(5) In this section —
“full hearing” means a hearing of which notice has been given to all the parties
in accordance with rules of court or section 43 of the Summary Jurisdiction
Act 1989, as the case may be;
“initial order” means an occupation order made by virtue of subsection (1).
Section 108 Matrimonial Proceedings Act 2003
Page 98 AT 7 of 2003 c
108 Undertakings
[P1996/27/46]
(1) In any case where the court has power to make an occupation order or
non-molestation order, the court may accept an undertaking from any
party to the proceedings.
(2) No power of arrest may be attached to any undertaking given under
subsection (1).
(3) The court shall not accept an undertaking under subsection (1) in any
case where apart from this section a power of arrest would be attached to
the order.
(4) An undertaking given to a court under subsection (1) is enforceable as if
it were an order of the court.
(5) This section has effect without prejudice to the powers of the High Court
apart from this section.
109 Arrest for breach of order
[P1996/27/47]
(1) If —
(a) the court makes an occupation order or a non-molestation order;
and
(b) it appears to the court that the respondent has used or threatened
violence against the applicant or a relevant child,
it shall attach a power of arrest to one or more provisions of the order
unless satisfied that in all the circumstances of the case the applicant or
child will be adequately protected without such a power of arrest.
(2) Subsection (1) does not apply in any case where the occupation order or
a non-molestation order is made by virtue of section 107(1), but in such a
case the court may attach a power of arrest to one or more provisions of
the order if it appears to it-
(a) that the respondent has used or threatened violence against the
applicant or a relevant child; and
(b) that there is a risk of significant harm to the applicant or child,
attributable to conduct of the respondent, if the power of arrest is
not attached to those provisions immediately.
(3) If, by virtue of subsection (2), the court attaches a power of arrest to any
provisions of an occupation order or a non-molestation order, it may
provide that the power of arrest is to have effect for a shorter period than
the other provisions of the order.
Matrimonial Proceedings Act 2003 Section 109
c AT 7 of 2003 Page 99
(4) Any period specified for the purposes of subsection (3) may be extended
by the court (on one or more occasions) on an application to vary or
discharge the order.
(5) If, by virtue of subsection (1) or (2), a power of arrest is attached to
certain provisions of an order, a constable may arrest without warrant a
person whom he has reasonable cause for suspecting to be in breach of
any such provision.
(6) If a power of arrest is attached under subsection (1) or (2) to certain
provisions of the order and the respondent is arrested under
subsection (5) —
(a) he must be brought before a judge within the period of 24 hours
beginning at the time of his arrest; and
(b) if the matter is not then disposed of forthwith, the judge before
whom he is brought may remand him.
In reckoning for the purposes of this subsection any period of 24 hours,
no account is to be taken of Christmas Day, Good Friday or any Sunday.
(7) If the court has made an occupation order or a non-molestation order
but —
(a) has not attached a power of arrest under subsection (1) or (2) to
any provisions of the order, or
(b) has attached that power only to certain provisions of the order,
then, if at any time the applicant considers that the respondent has failed
to comply with the order, he may apply to a judge for the issue of a
warrant for the arrest of the respondent.
(8) The judge shall not issue a warrant on an application under
subsection (7) unless —
(a) the application is substantiated on oath; and
(b) the judge has reasonable grounds for believing that the
respondent has failed to comply with the order.
(9) If a person is brought before a court by virtue of a warrant issued under
subsection (8) and the court does not dispose of the matter forthwith, the
court may remand him.
(10) Schedule 3 (which makes provision corresponding to that applying in
courts of summary jurisdiction in civil cases under sections 84 and 85 of
the Summary Jurisdiction Act 1989) has effect in relation to the powers of
the High Court to remand a person by virtue of this section.
(11) If a person remanded under this section is granted bail (whether in the
High Court under Schedule 3 or in a court of summary jurisdiction
under section 84 or 85 of the Summary Jurisdiction Act 1989), he may be
required by the judge to comply, before release on bail or later, with such
requirements as appear to the judge to be necessary to secure that he
Section 110 Matrimonial Proceedings Act 2003
Page 100 AT 7 of 2003 c
does not interfere with witnesses or otherwise obstruct the course of
justice.
(12) In this section and section 110, “judge
”, in relation to an occupation
order or a non-molestation order, means —
(a) where the order was made by the High Court, a judge of that
court; or
(b) where the order was made by a court of summary jurisdiction,
any justice of the peace.
110 Remand for medical examination and report
[P1996/27/48]
(1) If the judge has reason to consider that a medical report will be required,
any power to remand a person under section 109(6)(b) or (9) may be
exercised for the purpose of enabling a medical examination and report
to be made.
(2) If such a power is so exercised, the adjournment must not be for more
than —
(a) 21 days at a time where the respondent is remanded in custody;
or
(b) 28 days at a time where the respondent is remanded on bail.
(3) If there is reason to suspect that a person who has been arrested —
(a) under section 109(6), or
(b) under a warrant issued on an application made under
section 109(8),
is suffering from mental illness or severe mental impairment, the judge
has the same power to make an order under paragraph 1 of Schedule 1A
to the Criminal Jurisdiction Act 1993 or paragraph 1 of Schedule 2A to the
Summary Jurisdiction Act 1989 (remand for report on accused’s mental
condition) as a Court of General Gaol Delivery or a court of summary
jurisdiction, as the case may be, has under the paragraph in question in
the case of a person to whom that paragraph applies.
111 Power to order hospital admission or guardianship
[P1996/27/51]
(1) The High Court has the same power to make —
(a) a hospital order or guardianship order under section 54(1) of the
Criminal Jurisdiction Act 1993, or
(b) an interim hospital order under section 54(4) of that Act,
in the case of a person suffering from mental illness or severe mental
impairment who could otherwise be committed to custody for breach of
an occupation order or non-molestation order as a Court of General Gaol
Matrimonial Proceedings Act 2003 Section 112
c AT 7 of 2003 Page 101
Delivery has under those provisions in the case of a person convicted of
an offence punishable with custody.
(2) A court of summary jurisdiction has the same power to make —
(a) a hospital order or guardianship order under paragraph 2 of
Schedule 2A to the Summary Jurisdiction Act 1989, or
(b) an interim hospital order under paragraph 3 of that Schedule,
in the case of a person suffering from mental illness or severe mental
impairment who could otherwise be committed to custody for breach of
an occupation order or non-molestation order as a court of summary
jurisdiction has under those paragraphs in the case of a person convicted
of an offence punishable on summary conviction with custody.
112 Variation and revocation of orders
[P1996/27/49]
(1) An occupation order or non-molestation order may be varied or revoked
by the court on an application by —
(a) the respondent, or
(b) the person on whose application the order was made.
(2) In the case of a non-molestation order made by virtue of
section 104(2)(b), the order may be varied or revoked by the court even
though no such application has been made.
(3) If B’s home rights are, under section 93, a charge on the estate or interest
of A or of trustees for A, an order under section 95 against A may also be
varied or revoked by the court on an application by any person deriving
title under A or under the trustees and affected by the charge.84
(4) If, by virtue of section 109(2), a power of arrest has been attached to
certain provisions of an occupation order or non-molestation order, the
court may vary or revoke the order under subsection (1) in so far as it
confers a power of arrest (whether or not any application has been made
to vary or revoke any other provision of the order).
113 Proceedings by mortgagees
[P1996/27/55 and 56]
(1) Where a mortgagee of land which consists of or includes a dwelling-
house brings proceedings in the High Court for the enforcement of his
security, a connected person who is not already a party to the
proceedings is entitled to be made a party if —
(a) the connected person is enabled by section 92(3) or (5) (or by
section 92(3) or (5) as applied by section 99(5)), to meet the
mortgagor’s liabilities under the mortgage;
Section 113 Matrimonial Proceedings Act 2003
Page 102 AT 7 of 2003 c
(b) he has applied to the High Court before the proceedings are
finally disposed of in that Court; and
(c) the Court sees no special reason against his being made a party to
the proceedings and is satisfied that he may be expected to make
such payments or do such other things in or towards satisfaction
of the mortgagor’s liabilities or obligations as might affect the
outcome of the proceedings.
(2) In subsection (1) “connected person” in relation to any person, means
that person’s spouse, former spouse, civil partner, former civil partner,
cohabitant or former cohabitant.85
(3) Where —
(a) a mortgagee of land which consists of or includes a dwelling-
house brings proceedings in the High Court for the enforcement
of his security, and
(b) at the relevant time a charge arising under section 93 is registered
as a burden on the title register in accordance with section 36(1) of
the Land Registration Act 1982, or under paragraph 2 of Schedule 2,
as the case may be, and
(c) the person on whose behalf the charge is registered is not a party
to the proceedings,
the mortgagee shall serve notice of the proceedings on him.
(4) For the purpose of subsection (3) —
(a) where —
(i) an official search has been made on behalf of the
mortgagee which would disclose any burden within
subsection (3)(b),
(ii) a certificate of the result of the search has been issued, and
(iii) the proceedings are commenced within the priority period,
the relevant time is the date of the certificate;
(b) in any other case, the relevant time is the time when the
proceedings are commenced.
(5) In subsection (4)(a) —
“official search” means a search in the title register in accordance with rules
under section 73(2) of the Land Registration Act 1982;
“the priority period” means the period prescribed for the purpose of
section 73(4) of that Act in relation to a certificate of the result of an
official search.
Matrimonial Proceedings Act 2003 Section 114
c AT 7 of 2003 Page 103
114 Contempt proceedings
[P1996/27/58]
The powers of the court in relation to contempt of court arising out of a person’s
failure to comply with an order under this Part may be exercised —
(a) where the order was made by the High Court, by any judge of
that court; or
(b) where the order was made by a court of summary jurisdiction, by
any court of summary jurisdiction.
Supplemental
115 Meaning of “cohabitants”, “relevant child” and “associated persons”
[P1996/27/62]
(1) For the purposes of this Part —
(a) “cohabitants
” are two persons who are neither married to each
other nor civil partners of each other but are living together as
husband and wife or as if they were civil partners; and86
(b) “former cohabitants
” is to be read accordingly, but does not
include cohabitants who have subsequently married each other or
become civil partners of each other.87
(2) In this Part “relevant child
”, in relation to any proceedings under this
Part, means —
(a) any child who is living with or might reasonably be expected to
live with either party to the proceedings;
(b) any child in relation to whom an order under the Adoption Act
1984 or the Children and Young Persons Act 2001 is in question in
the proceedings; and
(c) any other child whose interests the court considers relevant.
(3) For the purposes of this Part, a person is associated with another
person if —
(a) they are or have been married to each other;
(aa) they are or have been civil partners of each other;88
(b) they are cohabitants or former cohabitants;
(c) they live or have lived in the same household, otherwise than
merely by reason of one of them being the other’s employee,
tenant, lodger or boarder;
(d) they are relatives;
(e) they have agreed to marry one another (whether or not that
agreement has been terminated);
Section 116 Matrimonial Proceedings Act 2003
Page 104 AT 7 of 2003 c
(ea) they have entered into a civil partnership agreement (as defined
by section 71(3) of the Civil Partnership Act 2011) (whether or not
that agreement has been terminated);89
(f) in relation to any child, they are both persons falling within
subsection (4); or
(g) they are parties to the same family proceedings (other than
proceedings under this Part).
(4) A person falls within this subsection in relation to a child if —
(a) he is a parent of the child; or
(b) he has or has had parental responsibility for the child.
(5) If a child has been adopted, 2 persons are also associated with each other
for the purposes of this Part if —
(a) one is a natural parent of the child or a parent of such a natural
parent; and
(b) the other is the child or any person —
(i) who has become a parent of the child by virtue of an
adoption order or has applied for an adoption order, or
(ii) with whom the child has at any time been placed for
adoption.
(6) Where there is in force in respect of the child an order mentioned in
section 5(2A) of the Adoption Act 1984, the child shall be treated as
adopted for the purpose of subsection (5).
(7) A body corporate and another person are not, by virtue of
subsection (3)(f) or (g), to be regarded for the purposes of this Part as
associated with each other.
116 Interpretation of Part 5
[P1996/27/63]
(1) In this Part —
“adoption order
” means an order under section 1(1) of the Adoption Act 1984;
“associated
”, in relation to a person, is to be read with section 115(3) to (7);
“child
” means a person under the age of 18 years;
“cohabitant
” and “former cohabitant
” have the meaning given by
section 115(1);
“the court
” has the meaning given by section 91(1);
“development
” means physical, intellectual, emotional, social or behavioural
development;
“dwelling-house
” includes (subject to subsection (3)) —
Matrimonial Proceedings Act 2003 Section 116
c AT 7 of 2003 Page 105
(a) any building or part of a building which is occupied as a
dwelling,
(b) any caravan, house-boat or structure which is occupied as a
dwelling,
and any yard, garden, garage or outhouse belonging to it and occupied
with it;
“harm
” —
(a) in relation to a person who has reached the age of 18 years, means
ill-treatment or the impairment of health; and
(b) in relation to a child, means ill-treatment or the impairment of
health or development;
“health
” includes physical or mental health;
“home rights
” has the meaning given by section 92;90
“ill-treatment
” includes forms of ill-treatment which are not physical and, in
relation to a child, includes sexual abuse;
“matrimonial home rights
” [Repealed]91
“mortgage
”, “mortgagor
” and “mortgagee
” have the same meanings as in the
Conveyancing Act 1908;
“mortgage payments
” includes any payments which, under the terms of the
mortgage, the mortgagor is required to make to any person;
“non-molestation order
” has the meaning given by section 104(1);
“occupation order
” has the meaning given by section 102;
“relative
”, in relation to a person, means —
(a) the father, mother, stepfather, stepmother, son, daughter, stepson,
stepdaughter, grandmother, grandfather, grandson or
granddaughter of that person or of that person’s spouse, former
spouse, civil partner or former civil partner, or92
(b) the brother, sister, uncle, aunt, niece or nephew (whether of the
full blood or of the half blood or by marriage or civil partnership)
of that person or of that person’s spouse, former spouse, civil
partner or former civil partner,93
and includes, in relation to a person who is cohabiting or has cohabited
with another person, any person who would fall within paragraph (a) or
(b) if the parties were married to each other or were civil partners of each
other;94
“relevant child
”, in relation to any proceedings under this Part, has the
meaning given by section 115(2).
(2) Where the question of whether harm suffered by a child is significant
turns on the child’s health or development, his health or development
Section 117 Matrimonial Proceedings Act 2003
Page 106 AT 7 of 2003 c
shall be compared with that which could reasonably be expected of a
similar child.
(3) For the purposes of sections 93, 94 and 113 and such other provisions of
this Part (if any) as may be prescribed, this Part is to have effect as if
paragraph (b) of the definition of “dwelling-house” were omitted.
PART 6 – RECIPROCAL ENFORCEMENT OF ORDERS MADE
IN UNITED KINGDOM ETC
Reciprocal enforcement of certain financial orders
117 Reciprocal enforcement of certain financial orders
[2001/5/33]
(1) If the Council of Ministers is satisfied that provision is or will be made by
the law of any part of the United Kingdom or any of the Channel Islands
providing for the enforcement in that territory of a financial order of any
description, it may by order designate that territory for the purposes of
this Part with respect to any order of a description specified in the
designation order, being an order —
(a) made by a court in that territory on or after the making of a decree
or order dissolving or annulling a marriage or providing for the
separation of the parties to a marriage, and
(b) appearing to the Council of Ministers to correspond to a financial
order of that description.
(2) Where a designation order is in force in relation to any territory, the
following provisions of this Part shall apply in relation to any order of
the specified description.
(3) A designation order shall not have effect unless it is approved by
Tynwald.
(4) In this Part —
“the Court
” means the High Court;
“designated territory
” means a territory designated by a designation order;
“designation order
” means an order under subsection (1);
“financial order
” means a financial provision order, a property adjustment
order, a sale of property order or a pension sharing order made by the
Court on or after the making of a divorce order, annulment order or
separation order, but does not include —
(a) an interim order, or
(b) a maintenance order within the meaning of Part 1 of the
Maintenance Orders (Reciprocal Enforcement) Act 1995;
Matrimonial Proceedings Act 2003 Section 118
c AT 7 of 2003 Page 107
“overseas order
” means an order to which the following provisions of this Part
apply by virtue of subsection (2);
“the relevant territory
”, in relation to an overseas order, means the territory in
which the order was made.
Enforcement of UK and Channel Island orders in the Isle of Man
118 Recognition of overseas orders
[2001/5/34]
(1) Subject to subsection (2), an overseas order shall be recognised and have
the same effect in the Island as if it had been made by the Court and as if
the Court had had jurisdiction to make it.
(2) Where an overseas order includes provision as to the means by which
rights conferred by the order are to be enforced, subsection (1) shall not
apply to that provision.
(3) A court in the Island shall not enforce an order which is recognised in
accordance with subsection (1) unless it has been registered in the Court
under section 119 and proceedings for enforcement are taken in
accordance with section 121.
119 Registration of overseas order in High Court
[2001/5/35]
Where the Chief Registrar receives a certified copy of an overseas order and sent
to him for registration by a court or other authority in the relevant territory, he
shall forthwith cause the order, together with particulars of any variation, to be
registered in the Court in the prescribed manner.
120 Cancellation and variation of registration
[2001/5/36]
(1) Where the Chief Registrar receives notice from a court or other authority
in the relevant territory of the revocation or variation of an overseas
order registered in the Court under section 119, he shall —
(a) in the case of the revocation of the order, cancel the registration,
and
(b) in the case of the variation of the order, cause particulars of the
variation to be registered in the prescribed manner.
(2) Where an order registered under section 119 ceases (in whole or in part)
to have effect in the relevant territory, otherwise than because of its
revocation or variation, the Court may, of its own motion or on the
application of any person who appears to the Court to have an interest in
the matter, —
(a) cancel the registration, or
Section 121 Matrimonial Proceedings Act 2003
Page 108 AT 7 of 2003 c
(b) if the order has ceased to have effect in part, cancel the
registration so far as it relates to the provisions which have ceased
to have effect.
121 Enforcement
[2001/5/37]
(1) Where an overseas order has been registered under section 119, the
Court shall have the same powers for the purpose of enforcing the order
as it would have if it had itself made the order and had jurisdiction to
make it; and proceedings for or with respect to enforcement may be
taken accordingly.
(2) The Court may, of its own motion or on the application of any person
who appears to the Court to have an interest in the matter, direct that
periodical payments due under an overseas order so registered shall be
made to the Chief Registrar; and in that case Part VIII of the Summary
Jurisdiction Act 1989, so far as it relates to the enforcement of an order for,
or the recovery of, periodical payments, applies to payments to be made
to the Chief Registrar by virtue of the direction as it applies to payments
to be so made by virtue of an order under section 54(1) of that Act.
(3) The references in subsections (1) and (2) to an overseas order does not
include a reference to any provision of the order as to the means by
which rights conferred by the order are to be enforced.
122 Staying of enforcement proceedings
[2001/5/38]
(1) Where in accordance with section 121 proceedings are taken in any court
for the enforcement of an order registered in the Court, any person who
appears to the Court to have an interest in the matter may apply for the
proceedings to be stayed on the ground that he has taken or intends to
take other proceedings (in the Island or the relevant territory or
elsewhere) as a result of which the order may cease to have effect, or may
have a different effect, in the Island.
(2) If after considering an application under subsection (1) the Court
considers that the proceedings for enforcement should be stayed in order
that other proceedings may be taken or concluded, it shall stay the
proceedings for enforcement accordingly.
(3) The Court may remove a stay granted in accordance with subsection (2)
if it appears to the Court —
(a) that there has been unreasonable delay in the taking or
prosecution of the other proceedings referred to in that
subsection, or
(b) that those other proceedings are concluded and that the registered
order, or a relevant part of it, is still in force.
Matrimonial Proceedings Act 2003 Section 123
c AT 7 of 2003 Page 109
(4) Nothing in this section affects any power exercisable apart from this
section to grant or remove a stay.
123 Dismissal of enforcement proceedings
[2001/5/39]
(1) Where in accordance with section 121 proceedings are taken in any court
for the enforcement of an overseas order registered in the Court under
section 119, any person who appears to that court to have an interest in
the matter may apply for those proceedings to be dismissed on the
ground that the order has (in whole or in part) ceased to have effect in
the relevant territory.
(2) After considering an application under subsection (1) —
(a) if that court is satisfied that the registered order has ceased to
have effect, it shall dismiss the proceedings for enforcement;
(b) if it is satisfied that the order has ceased to have effect in part, it
shall dismiss the proceedings so far as they relate to the
enforcement of provisions which have ceased to have effect.
Enforcement of Manx orders in UK and Channel Islands
124 Enforcement of financial order in UK or Channel Islands
[2001/5/40]
(1) Any person on whom any rights are conferred by a financial order of any
description specified in a designation order may apply to the Court for
steps to be taken with a view to its enforcement in a designated territory
under any provision for enforcement of orders of that description made
by the law of that territory.
(2) An application under subsection (1) shall be made in the prescribed
manner, contain the prescribed information and be accompanied by such
documents as may be prescribed.
(3) On receiving an application under this section the High Court, or such
officer of the Court as may be prescribed, shall, unless it appears to it or
him that the financial order is no longer in force, —
(a) cause the prescribed documents to be sent to the appropriate
authority in the designated territory specified in the application,
and
(b) take such other steps as may be prescribed for the purpose of
securing its enforcement there.
(4) Where a court in the Island revokes or varies an order in respect of which
steps have been taken under subsection (3) for its enforcement in a
designated territory, that court shall cause notice of the revocation or
Section 125 Matrimonial Proceedings Act 2003
Page 110 AT 7 of 2003 c
variation to be given in the prescribed manner to the appropriate
authority in that territory.
PART 7 – PROPERTY OF MARRIED PERSONS ETC
125 Capacity of married woman
(1) A married woman is —
(a) capable of acquiring, holding, and disposing of, any property; and
(b) capable of rendering herself, and being rendered, liable in respect
of any tort, contract, debt, or obligation; and
(c) capable of suing and being sued, either in tort or in contract or
otherwise; and
(d) subject to the law relating to bankruptcy and to the enforcement
of judgments and orders,
in all respects as if she were unmarried.
(2) The husband of a married woman is not, by reason only of his being her
husband, liable —
(a) in respect of any tort committed by her whether before or after the
marriage, or in respect of any contract entered into, or debt or
obligation incurred, by her before the marriage; or
(b) to be sued, or made a party to any legal proceeding brought, in
respect of any such tort, contract, debt, or obligation.
(3) No restriction upon anticipation or alienation attached, or purported to
be attached, to the enjoyment of any property by a woman which cannot
be attached to the enjoyment of that property by a man, is of any effect.
(4) Section 13 of the Wills Act 1985 (will speaks from death) applies to the
will of a married woman as it applies to any other will, and such a will
does not need to be re-executed or re-published after her husband’s
death.
126 Actions in tort between husband and wife
(1) Subject to the provisions of this section, each of the parties to a marriage
shall have the like right of action in tort against the other as if they were
not married.
(2) Where an action in tort is brought by one of the parties to a marriage
against the other during the subsistence of the marriage, the court may
stay the action if it appears —
(a) that no substantial benefit would accrue to either party from the
continuation of the proceedings; or
Matrimonial Proceedings Act 2003 Section 127
c AT 7 of 2003 Page 111
(b) that the question or questions in issue could more conveniently be
disposed of on an application made under section 128.
(3) Without prejudice to subsection (2)(b), the court may in such an action
either —
(a) exercise any power which could be exercised on an application
under section 128, or
(b) give such directions as it thinks fit for the disposal under that
section of any question arising in the proceedings.
127 Policy of assurance effected by married person
(1) This section applies to a policy of insurance effected by one party to a
marriage (“the insured”) on his own life, and expressed to be for the
benefit of the other party, or of his children, or of the other party and his
children, or any of them.
(2) A policy to which this section applies shall create a trust in favour of the
objects therein named, and the moneys payable under any such policy
shall not, so long as any object of the trust remains unperformed, form
part of the estate of the insured, or be subject to his or her debts
(3) If it is proved that a policy to which this section applies was effected and
the premiums paid with intent to defraud the creditors of the insured,
they shall be entitled to receive, out of the moneys payable under the
policy, a sum equal to the premiums so paid.
(4) The insured under a policy to which this section applies —
(a) may by the policy, or by any memorandum under his hand,
appoint a trustee or trustees of the moneys payable under the
policy, and from time to time appoint a new trustee or new
trustees thereof; and
(b) may make provision for the appointment of a new trustee or new
trustees thereof, and for the investment of the moneys payable
under any such policy.
(5) In default of any such appointment of a trustee, a policy to which this
section applies, immediately on its being effected, shall vest in the
insured and his legal personal representatives, in trust for the purposes
aforesaid.
(6) The receipt of a trustee duly appointed, or, in default of any such
appointment, or in default of notice to the insurance office, the receipt of
the legal personal representative of the insured shall be a discharge to the
office for the sum secured by the policy, or for the value thereof, in whole
or in part.
(7) In this section “children” includes children who are not marital children.
Section 128 Matrimonial Proceedings Act 2003
Page 112 AT 7 of 2003 c
128 Questions as to property between husband and wife
(1) In any dispute between the parties to a marriage as to the title to or
possession of property —
(a) either party, or
(b) any person in whose books any stocks, funds, or shares of either
party are standing,
may apply in a summary way to a judge of the High Court.
(2) On an application under subsection (1) the judge may —
(a) make such order with respect to the property in dispute, and as to
the costs of and consequent on the application, as he thinks fit, or
(b) adjourn the application from time to time, and direct any inquiry
concerning the matters in dispute to be made in such manner as
he thinks fit.
(3) An application under subsection (1) may be heard in camera.
(4) On an application under subsection (1) a person mentioned in
subsection (1)(b) shall be treated as a stakeholder only.
(5) Any power conferred by this section to make orders with respect to any
property includes power to order a sale of the property.
(6) An application may be made to the High Court under subsection (1) by
either of the parties to a marriage even though the marriage has been
dissolved or annulled, so long as the application is made within 3 years
beginning with the date on which the marriage was dissolved or
annulled.
(7) Where an agreement to marry is terminated, this section applies, as if the
parties were married, to any dispute between them in relation to
property in which either or both had a beneficial interest while the
agreement was in force.
(8) An application made under subsection (1) by virtue of subsection (7)
shall be made within 3 years of the termination of the agreement.
129 Questions as to property: further powers of Court
(1) Any right of a party to a marriage, or to an agreement to marry, to make
an application under section 128(1) includes the right to make such an
application where it is claimed by the applicant —
(a) that the other party has had in his possession or under his
control —
(i) money to which, or to a share of which, the applicant was
beneficially entitled (whether by reason that it represented
the proceeds of property to which, or to an interest in
Matrimonial Proceedings Act 2003 Section 129
c AT 7 of 2003 Page 113
which, he was beneficially entitled, or for any other
reason); or
(ii) property (other than money) to which, or to an interest in
which, the applicant was beneficially entitled, and
(b) that either —
(i) that money or other property has ceased to be in the other
party’s possession or under his control, or
(ii) that the applicant does not know whether it is still in the
other party’s possession or under his control.
(2) Where, on an application made by virtue of subsection (1), the judge is
satisfied —
(a) that the other party has had in his possession or under his control
money or other property as mentioned in subsection (1)(a)(i) or
(ii); and
(b) that he has not made to the applicant, in respect of that money or
other property, such payment or disposition as would have been
appropriate in the circumstances,
the judge may, in addition to any order which he may make under
section 128, make an order specified in subsection (3) or (4).
(3) An order under subsection (2) may require the other party to pay to the
applicant —
(a) in a case falling within subsection (1)(a)(i), such sum in respect of
the money to which the application relates, or the applicant’s
share of it, as the case may be; or
(b) in a case falling within subsection (1)(a)(ii), such sum in respect of
the value of the property to which the application relates, or the
applicant’s interest therein, as the case may be,
as the judge may consider appropriate.
(4) Where on an application made by virtue of this section it appears to the
judge that there is any property which —
(a) represents the whole or part of the money or property in question;
and
(b) is property in respect of which an order could have been made
under section 128 if an application had been made by the party
under that section in a question as to the title to or possession of
that property,
an order under subsection (2) may make any provision (either in
substitution for or in addition to a provision under subsection (3)) which
could have been made on an application mentioned in paragraph (b).
Section 130 Matrimonial Proceedings Act 2003
Page 114 AT 7 of 2003 c
130 Contributions by spouse to improvement of property
[1972/5/35]
(1) This section applies where a party to a marriage contributes in money or
money’s worth to the improvement of real or personal property in which
or in the proceeds of sale of which either or both of the parties has or
have a beneficial interest.
(2) The party so contributing shall, if the contribution is of a substantial
nature and subject to any express or implied agreement between them to
the contrary, be treated as having then acquired by virtue of his
contribution a share or an enlarged share, as the case may be, in that
beneficial interest of such an extent —
(a) as may have been agreed, or
(b) in default of such agreement, as the High Court thinks just in all
the circumstances in any proceedings (whether between them or
otherwise) in which the question of the existence or extent of the
beneficial interest of either party arises.
131 Housekeeping allowance
If any question arises as to the right of one party to a marriage to money derived
from any allowance made by the other for the expenses of the matrimonial
home or for similar purposes, or to any property acquired out of such money,
the money or property shall, in the absence of any agreement between them to
the contrary, be treated as belonging to the parties in equal shares.
132 Duty of spouses to maintain each other
[SD506/94]
(1) Any rule of law which obliges a husband to maintain his wife according
to his means of supporting her shall be taken as also obliging a wife to
maintain her husband according to her means of supporting him.
(2) Where in any circumstances a wife is by law presumed to have her
husband’s authority to pledge his credit for necessaries suitable to their
style of living, a husband, in corresponding circumstances, shall be
presumed also to have his wife’s authority to pledge her credit for such
necessaries.
(3) Subsection (2) applies to a man and a woman living together as husband
and wife as it applies to husband and wife.
(4) Nothing in this section affects —
(a) section 32, 39, 61 or 84; or
(b) [Repealed]95
Matrimonial Proceedings Act 2003 Section 133
c AT 7 of 2003 Page 115
(c) section 78(6) of the Social Security Administration Act 1992 (an
Act of Parliament), as it has effect in the Island (including that
provision as applied by any other statutory provision).
133 Presumption of advancement
(1) Where either party to a marriage or intended marriage transfers any
property to or for the benefit of the other (“the transferee”) without any
consideration in money or money’s worth, it shall be presumed, unless
the contrary is shown, that the transfer was intended as a gift or
advancement to the transferee.
(2) Where the father or mother of any person transfers any property to or for
the benefit of that person without any consideration in money or
money’s worth, it shall be presumed, unless the contrary is shown, that
the transfer was intended as a gift or advancement to that person.
(3) This section applies notwithstanding any rule of law or equity to the
contrary, but does not apply to any transfer made before the coming into
operation of this section.
134 Property of engaged couples
[1986/22/32(1)]
Where an agreement to marry is terminated, any rule of law relating to the
rights of husbands and wives in relation to property in which either or both has
or have a beneficial interest shall apply, in relation to any property in which
either or both of the parties to the agreement had a beneficial interest while the
agreement was in force, as it applies in relation to property in which a husband
or wife has a beneficial interest.
135 Gifts between engaged couples
[1986/22/33]
(1) A party to an agreement to marry who makes a gift of property to the
other party on the condition (express or implied) that it shall be returned
if the agreement is terminated shall not be prevented from recovering the
property by reason only of his having terminated the agreement.
(2) The gift of an engagement ring shall be presumed to be an absolute gift;
but this presumption may be rebutted by proving that the ring was given
on the condition (express or implied) that it should be returned if the
marriage did not take place for any reason.
Section 136 Matrimonial Proceedings Act 2003
Page 116 AT 7 of 2003 c
PART 8 – MISCELLANEOUS AND SUPPLEMENTAL
136 Polygamous marriages
[1976/14/46; P1995/42/1/2]
(1) A court is not precluded from making —
(a) an order or declaration under Part 1;
(b) an order under Part 2, 3, 4, 5 or 6; or
(c) an order under any provision of this Act which confers a power
exercisable in connection with, or in connection with proceedings
for, any such order or declaration as is mentioned in
paragraph (a) or (b);
by reason only that either party to the marriage is, or has during the
subsistence of the marriage been, married to more than one person.
(2) Provision may be made by rules of court —
(a) for requiring notice of proceedings brought by virtue of this
section to be served on any additional spouse of a party to the
marriage in question; and
(b) for conferring on any such additional spouse the right to be heard
in any such proceedings,
in such cases as may be prescribed by the rules.
137 Evidence
[1976/14/47]
(1) The evidence of a husband or wife shall be admissible in any
proceedings to prove that marital intercourse did or did not take place
between them during any period.
(2) In any proceedings for an annulment order, evidence on the question of
sexual capacity shall be heard in camera unless in any case the judge is
satisfied that, in the interests of justice, any such evidence ought to be
heard in open court.
138 Interpretation: general
[1976/14/51]
(1) In this Act —
“5 years’ separation
” and “2 years’ separation
” have the meanings given by
section 2(2);
“child
”, in relation to one or both of the parties to a marriage, includes a child of
that party or, as the case may be, of both parties which is not a marital
child;
“child of the family
”, in relation to the parties to a marriage, means —
Matrimonial Proceedings Act 2003 Section 138
c AT 7 of 2003 Page 117
(a) a child of both of those parties; and
(b) any other child, not being a child who is placed with those parties
as foster parents by the Department of Health and Social Care,
who has been treated by both of those parties as a child of their
family;96
“education
” includes training;
“family proceedings
” means —
(a) any proceedings under any inherent jurisdiction of the High
Court in relation to children;
(b) any proceedings under any of the following enactments —
(i) this Act;
(ii) Part 1, Part 2, Part 4, Part 5 or section 89 of the Children and
Young Persons Act 2001;
(iii) the Adoption Act 1984;
“pension arrangement
” has the meaning given by section 36(6);
“the pension sharing provisions
” means Part IV of the Welfare Reform and
Pensions Act 1999 (an Act of Parliament), as it has effect in the Island;
“prescribed
” (except in section 36) means prescribed by rules of court;
“shareable rights under a pension arrangement
” means rights in relation to
which pension sharing is available under Chapter I of the pension
sharing provisions;
“shareable state scheme rights
” means rights in relation to which pension
sharing is available under Chapter II of the pension sharing provisions.
(2) In this Act —
(a) references to the following matters shall be construed in
accordance with section 26 —
financial provision orders;
orders for payment of a lump sum;
orders for a settlement of property;
orders for variation of a settlement;
pension sharing orders;
periodical payments orders;
property adjustment orders;
sale of property orders;
secured periodical payments orders;
transfer of property orders;
Section 139 Matrimonial Proceedings Act 2003
Page 118 AT 7 of 2003 c
(b) references to orders for maintenance pending suit and (except in
section 80) to interim orders for maintenance shall be construed in
accordance with section 27 and section 38(7) respectively;
(c) references to any order of any description “in favour of” a party to
a marriage, a child of the family or any other person are to an
order of that description providing for a payment or transfer to or
for the benefit of, or other provision for the benefit of, that party,
child or person, as the case may be.
(3) For the avoidance of doubt, it is hereby declared that references in this
Act to remarriage include references to a marriage which is by law void
or voidable.
139 Transitional provisions, savings, amendments and repeals
(1) The transitional provisions and savings in Schedule 4 shall have effect.
(2) The enactments specified in Schedule 5 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 6 are repealed to the extent
specified in column 3 of that Schedule.
140 Short title and commencement
(1) This Act may be cited as the Matrimonial Proceedings Act 2003.
(2) This Act shall come into operation on such day as the Council of
Ministers may by order appoint.97
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SCHEDULE A1
JURISDICTION IN RELATION TO MARRIAGE OF SAME SEX
COUPLES
[Section 21(5B)]
1 Introduction
This Schedule has effect, with respect to the jurisdiction of the court to entertain any of
the following proceedings in relation to a marriage of a same sex couple —
(a) proceedings for divorce, judicial separation or nullity of marriage;
(b) proceedings for death to be presumed and a marriage to be
dissolved on the ground that one of the couple is dead; and
(c) proceedings for a declaration of validity.
2 Divorce, judicial separation or annulment
(1) The Court has jurisdiction to entertain proceedings for divorce or judicial
separation if (and only if) —
(a) the Court has jurisdiction under regulations under paragraph 5,
(b) no court has, or is recognised as having, jurisdiction under
regulations under paragraph 5 and either of the married same sex
couple is domiciled in the Island on the date when the
proceedings are begun, or
(c) the following conditions are met —
(i) the two people concerned married each other under the
law of the Island,
(ii) no court has, or is recognised as having, jurisdiction under
regulations under paragraph 5, and
(iii) it appears to the court to be in the interests of justice to
assume jurisdiction in the case.
(2) The Court has jurisdiction to entertain proceedings for nullity of
marriage if (and only if) —
(a) the Court has jurisdiction under regulations under paragraph 5,
(b) no court has, or is recognised as having, jurisdiction under
regulations under paragraph 5 and either of the married same sex
couple —
(i) is domiciled in the Island on the date when the
proceedings are begun, or
SCHEDULE A1
Matrimonial Proceedings Act 2003
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(ii) died before that date and either was at death domiciled in
the Island or had been habitually resident in the Island
throughout the period of 1 year ending with the date of
death, or
(c) the following conditions are met —
(i) the two people concerned married each other under the
law of the Island,
(ii) no court has, or is recognised as having, jurisdiction under
regulations under paragraph 5, and
(iii) it appears to the court to be in the interests of justice to
assume jurisdiction in the case.
(3) At any time when proceedings are pending in respect of which the court
has jurisdiction by virtue of subparagraph (1) or (2) (or this subparagraph), the court
also has jurisdiction to entertain other proceedings, in respect of the same marriage, for
divorce, judicial separation or nullity of marriage, even though that jurisdiction would
not be exercisable under subsection (1) or (2).
3 Presumption of death and dissolution of marriage
The court has jurisdiction to entertain proceedings for death to be presumed and a
marriage to be dissolved if (and only if) —
(a) the applicant is domiciled in the Island on the date when the
proceedings are begun,
(b) the applicant was habitually resident in the Island throughout the
period of 1 year ending with that date, or
(c) the two people concerned married each other under the law of the
Island and it appears to the court to be in the interests of justice to
assume jurisdiction in the case.
4 Declaration of validity
The Court has jurisdiction to entertain an application for a declaration of validity if
(and only if) —
(a) either of the parties to the marriage to which the application
relates—
(i) is domiciled in the Island on the date of the application,
(ii) has been habitually resident in the Island throughout the
period of 1 year ending with that date, or
(iii) died before that date and either was at death domiciled in
the Island or had been habitually resident in the Island
throughout the period of 1 year ending with the date of
death, or
Matrimonial Proceedings Act 2003 SCHEDULE A1
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(b) the two people concerned married each other under the law of the
Island and it appears to the court to be in the interests of justice to
assume jurisdiction in the case.
5 Power to make provision corresponding to EC Regulation 2201/2003
(1) The Council of Ministers may by regulations make provision —
(a) as to the jurisdiction of the Court in proceedings for the divorce
of, or annulment of the marriage of, a same sex couple or for
judicial separation of a married same sex couple where one of the
couple —
(i) is or has been habitually resident in the Island or a member
State,
(ii) is a national of a member State, or
(iii) is domiciled in the Island, and
(b) as to the recognition in the Island of any judgment of a court of a
member State which orders the divorce of, or annulment of a
marriage of, a same sex couple or the judicial separation of a
married same sex couple.
(2) The regulations may in particular make provision corresponding to that
made for the European Union by Council Regulation (EC) No 2201/2003 of 27th
November 2003i in relation to jurisdiction and the recognition and enforcement of
judgments in matrimonial matters.
(3) The regulations may make provision under sub-paragraph (1)(b) which
applies even if the date of the divorce, annulment or judicial separation is earlier than
the date on which this paragraph comes into operation.
(4) Regulations under this paragraph may come into operation only if
approved by Tynwald.
6 Interpretation
In this Schedule “declaration of validity” means —
(a) a declaration as to the validity of a marriage,
(b) a declaration as to the subsistence of a marriage, or
(c) a declaration as to the validity of a divorce, annulment or judicial
separation obtained outside the Island in respect of a marriage.98
i OJ L 338/1, 23.12.2003
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SCHEDULE 1
STAYING OF MATRIMONIAL PROCEEDINGS
Section 21(6)
Interpretation
1. (1) In this Schedule —
“another jurisdiction
” means any country outside the Island;
“matrimonial proceedings
” means any proceedings so far as they are one or
more of the 5 following kinds (whether relating to a marriage of a man
and a woman or a marriage of a same sex couple), namely, proceedings
for —
• divorce,
• separation,
• annulment of marriage,
• a declaration as to the validity of a marriage of the applicant, and
• a declaration as to the subsistence of such a marriage;99
“prescribed
” means prescribed by rules of court;
“related jurisdiction
” means any of the following countries —
• England and Wales,
• Scotland,
• Northern Ireland,
• Jersey,
• Guernsey (including Alderney and Sark).
(2) References in this Schedule to the trial or first trial in any proceedings do
not include references to the separate trial of an issue as to jurisdiction only.
(3) For the purposes of this Schedule, proceedings in the High Court are
continuing if they are pending and not stayed.
(4) Any reference in this Schedule to proceedings in another jurisdiction is to
proceedings in a court of that jurisdiction, and to any other proceedings in that
jurisdiction, which are of a description prescribed for the purposes of this paragraph;
and provision may be made by rules of court as to when proceedings of any
description in another jurisdiction are continuing for the purposes of this Schedule.
Duty to furnish particulars of concurrent proceedings in another jurisdiction
2. While matrimonial proceedings are pending in the court in respect of a
marriage and the trial or first trial in those proceedings has not begun, it is the duty of
any person who is an applicant in the proceedings, or is a respondent and has in his
Matrimonial Proceedings Act 2003 Schedule 1
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answer included a prayer for relief, to furnish, in such manner and to such persons and
on such occasions as may be prescribed, such particulars as may be prescribed of any
proceedings which —
(a) he knows to be continuing in another jurisdiction; and
(b) are in respect of that marriage or capable of affecting its validity
or subsistence.
Obligatory stays
3. (1) Where before the beginning of the trial or first trial in any proceedings
for a divorce order which are continuing in the court it appears to the court on the
application of a party to the marriage —
(a) that in respect of the same marriage proceedings for divorce or
annulment of marriage are continuing in a related jurisdiction;
and
(b) that the parties to the marriage have resided together after they
entered into it; and100
(c) that the place where they resided together when the proceedings
in the court were begun or, if they did not then reside together,
where they last resided together before those proceedings were
begun, is in that jurisdiction; and
(d) that either of the said parties was habitually resident in that
jurisdiction throughout the year ending with the date on which
they last resided together before the date on which the
proceedings in the court were begun,
the court shall, subject to paragraph 5(2), order that the proceedings in the court be
stayed.
(2) References in sub-paragraph (1) to the proceedings in the court are, in the
case of proceedings which are not only proceedings for a divorce order, to the
proceedings so far as they are proceedings for a divorce order.
Discretionary stays
4. (1) Where before the beginning of the trial or first trial in any matrimonial
proceedings which are continuing in the court it appears to the court —
(a) that any proceedings in respect of the marriage in question, or
capable of affecting its validity or subsistence, are continuing in
another jurisdiction; and
(b) that the balance of fairness (including convenience) as between
the parties to the marriage is such that it is appropriate for the
proceedings in that jurisdiction to be disposed of before further
steps are taken in the proceedings in the court or in those
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proceedings so far as they consist of a particular kind of
matrimonial proceedings,
the court may then, if it thinks fit, order that the proceedings in the court be stayed or,
as the case may be, that those proceedings be stayed so far as they consist of
proceedings of that kind.
(2) In considering the balance of fairness and convenience for the purposes
of sub-paragraph (1)(b), the court shall have regard to all factors appearing to be
relevant, including the convenience of witnesses and any delay or expense which may
result from the proceedings being stayed, or not being stayed.
(3) In the case of any proceedings so far as they are proceedings for a
divorce order, the court shall not exercise the power conferred on it by sub-
paragraph (1) while an application under paragraph 3 in respect of the proceedings is
pending.
(4) If, at any time after the beginning of the trial or first trial in any
matrimonial proceedings which are pending in the court, the court declares by order
that it is satisfied that a person has failed to perform the duty imposed on him in
respect of the proceedings by paragraph 2, sub-paragraph (1) shall have effect in
relation to those proceedings, and to the other proceedings by reference to which the
declaration is made, as if the words “before the beginning of the trial or first trial” were
omitted; but no action shall lie in respect of the failure of a person to perform such a
duty.
Supplementary
5. (1) Where an order staying any proceedings is in force in pursuance of
paragraph 3 or 4, the court may, if it thinks fit, on the application of a party to the
proceedings, revoke the order if it appears to the court that the other proceedings by
reference to which the order was made are stayed or concluded, or that a party to those
other proceedings has delayed unreasonably in prosecuting them.
(2) If the court revokes an order staying any proceedings and made in
pursuance of paragraph 3, the court shall not again stay those proceedings in
pursuance of that paragraph.
6. (1) This paragraph applies (subject to paragraph 8) where proceedings for
divorce order, annulment order or separation order are stayed by reference to
proceedings in a related jurisdiction for divorce, annulment or judicial separation.
(2) In this paragraph —
“lump sum order” means an order for payment of a lump sum made under
section 28(1) or (3)(a) in favour of a child of the family of the parties;
“the other proceedings”, in relation to any stayed proceedings, means the
proceedings in another jurisdiction by reference to which the stay was
imposed;
“relevant order” means —
Matrimonial Proceedings Act 2003 Schedule 1
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(a) an order under section 27 (maintenance pending suit);
(b) a periodical payments order or secured periodical payments order
made under section 28(1) or (3)(a) in favour of a child of the
family of the parties;
(c) an order under section 11 of the Children and Young Persons Act
2001 (residence, contact etc.), including (except for the purposes of
sub-paragraphs (5) to (7)) an order restraining a person from
removing a child out of the Island or out of the care of another
person;
“stayed” means stayed in pursuance of this Schedule.
(3) Where any proceedings are stayed, then, without prejudice to the effect
of the stay apart from this paragraph —
(a) the court shall not have power to make a relevant order or a lump
sum order in connection with the stayed proceedings except in
pursuance of sub-paragraph (4); and
(b) subject to sub-paragraph (4), any relevant order made in
connection with the stayed proceedings shall, unless the stay is
previously removed or the order previously revoked, cease to
have effect on the expiration of the period of 3 months beginning
with the date on which the stay was imposed.
(4) If the court considers that, for the purpose of dealing with circumstances
needing to be dealt with urgently, it is necessary during or after the period mentioned
in sub-paragraph (3)(b) to make a relevant order or a lump sum order in connection
with the stayed proceedings or to extend or further extend the duration of a relevant
order made in connection with the stayed proceedings, the court may do so and the
order shall not cease to have effect by virtue of sub-paragraph (3)(b).
(5) Sub-paragraph (6) applies where —
(a) any proceedings are stayed, and
(b) at the time when the stay is imposed an order is in force, or at a
subsequent time an order comes into force, which —
(i) was made in connection with the other proceedings, and
(ii) provides for periodical payments for a party to the
marriage in question, periodical payments for a child or
any matter in relation to which an order under section 11
of the Children and Young Persons Act 2001 may be made
with respect to a child.
(6) Where this sub-paragraph applies, on the imposition of the stay in a case
where the order is in force when the stay is imposed, and on the coming into force of
the order in any other case —
(a) any relevant order made in connection with the stayed
proceedings shall cease to have effect in so far as it makes for a
spouse or child any provision for any of those matters as respects
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which the same or different provision for that spouse or child is
made by the other order;
(b) the court shall not have power in connection with the stayed
proceedings to make a relevant order containing for a spouse or
child provision for any of those matters as respects which any
provision for that spouse or child is made by the other order; and
(c) if the other order contains provision for periodical payments for a
child, the court shall not have power in connection with the
stayed proceedings to make a lump sum order for that child.
(7) Where a secured periodical payments order (within the meaning of Part
2) made under section 28(1) or (3)(a) in favour of a child of the family of the parties
ceases to have effect by virtue of sub-paragraph (3) or (6), any sale of property order
made under section 30 which requires the proceeds of sale of property to be used for
securing periodical payments under the first-mentioned order shall also cease to have
effect.
7. (1) If any proceedings are stayed so far as they consist of matrimonial
proceedings of a particular kind but are not stayed so far as they consist of matrimonial
proceedings of a different kind, paragraph 6(3) to (6) shall not apply to the proceedings
but, without prejudice to the effect of the stay apart from this paragraph, the court shall
not have power to make a relevant order or a lump sum order in connection with the
proceedings so far as they are stayed.
(2) In this paragraph references to matrimonial proceedings do not include
proceedings for a declaration.
8. Nothing in paragraph 6 or 7 affects any power of the court —
(a) to vary or revoke a relevant order so far as the order is for the
time being in force; or
(b) to enforce a relevant order as respects any period when it is or
was in force; or
(c) to make a relevant order or a lump sum order in connection with
proceedings which were but are no longer stayed.
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SCHEDULE 2
101
REGISTRATION OF HOME RIGHTS
Section 94
Interpretation
1. In this Schedule —
“registered
”, in relation to a charge under section 93(1) or (2), means
registered —
(a) in the case of registered land, as a burden on the title register in
accordance with section 36(1) of the Land Registration Act 1982;
(b) in any other case, under paragraph 2;
and “registrable
” means capable of being so registered;
“registered land
” means land the title to which is registered under the Land
Registration Act 1982.
Registration of charge: unregistered land
2. (1) A charge under section 93(1) or (2) may be evidenced by a declaration in
writing made by the spouse or civil partner entitled to it stating —
(a) the nature of the charge,
(b) the estate or interest on which the charge exists, and
(c) such other matters as may be prescribed by regulations under
section 48 of the Registration of Deeds Act 1961.102
(2) A declaration under sub-paragraph (1) may be registered as a deed in
accordance with the Registration of Deeds Act 1961.
(3) This paragraph does not apply to registered land.
Restriction on registration where spouse or civil partner entitled to more than one
charge103
3. (1) Where one spouse or civil partner is entitled by virtue of section 93 to a
registrable charge in respect of each of 2 or more dwelling-houses, only one of the
charges to which that spouse or civil partner is so entitled shall be registered at any one
time.104
(2) If any of those charges is registered under either of those provisions the
Chief Registrar, on being satisfied that any other of them is so registered, shall cancel
the registration of the charge first registered.
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Contract for sale of house affected by registered charge
4. (1) Where one spouse or civil partner is entitled by virtue of section 93 to a
charge on an estate in a dwelling-house and the charge is registered, it shall be a term
of any contract for the sale of that estate whereby the vendor agrees to give vacant
possession of the dwelling-house on completion of the contract that the vendor will
before such completion procure the cancellation of the registration of the charge at his
expense.105
(2) Sub-paragraph (1) does not apply to any such contract made by a vendor
who is entitled to sell the estate in the dwelling-house freed from any such charge.
(3) If, on the completion of such a contract as is referred to in sub-
paragraph (1), there is delivered to the purchaser or his advocate an application by the
spouse or civil partner entitled to the charge for the cancellation of the registration of
that charge, the term of the contract for which sub-paragraph (1) provides shall be
deemed to have been performed.106
(4) This paragraph applies only if and so far as a contrary intention is not
expressed in the contract.
(5) This paragraph applies to a contract for exchange as it applies to a
contract for sale.
(6) This paragraph applies, with the necessary modifications, to a contract
for the grant of a lease or underlease of a dwelling-house as it applies to a contract for
the sale of an estate in customary fee simple in a dwelling-house.
Cancellation of registration after termination of marriage or civil partnership, etc.107
5. (1) Where a spouse’s or civil partner’s home rights are a charge on an estate
in the dwelling-house and the charge is registered, the Chief Registrar shall, subject to
sub-paragraph (2), cancel the registration of the charge if he is satisfied —
(a) in the case of a marriage by the production of —
(i) a certificate or other sufficient evidence, that either spouse
is dead,
(ii) an official copy or a decree or order of a court, that the
marriage has been terminated otherwise than by death, or
(iii) an order of the court, that the spouse’s home rights
constituting the charge have been terminated by the order,
and108
(b) in the case of a civil partnership by the production of —
(i) a certificate or other sufficient evidence, that either civil
partner is dead,
(ii) an official copy of an order or decree of a court, that the
civil partnership has been terminated otherwise than by
death, or
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(iii) an order of the court, that the civil partner’s home rights
constituting the charge have been terminated by the
order.109
(c) [Repealed]110
111
(2) Where —
(a) the marriage or civil partnership in question has been terminated
by the death of the spouse or civil partner entitled to an estate in
the dwelling-house or otherwise than by death, and112
(b) an order affecting the charge of the spouse or civil partner not so
entitled had been made under section 95(4),113
the Chief Registrar shall not cancel the registration of the charge in accordance
with sub-paragraph (1) unless he is also satisfied that the order has ceased to
have effect.114
Cancellation of registration: unregistered land
6. (1) On the cancellation of the registration of a charge by the Registrar
pursuant to paragraph 3 or 5 the Chief Registrar shall —
(a) certify the fact of such cancellation on the deed or the enrolment
of it, or on the memorial or official copy of an order relating to the
charge, with the date of such certificate, and
(b) certify that such deed, enrolment, memorial or official copy, as the
case may be, is cancelled in the place where it is entered in the
Grantor’s Index referred to in section 27(1) of the Registration of
Deeds Act 1961.
(2) This paragraph does not apply to registered land.
Release of home rights115
7. (1) A spouse or civil partner entitled to home rights may by a release in
writing release those rights or release them as respects part only of the dwelling-house
affected by them.116
(2) Where a contract is made for the sale of an estate or interest in a
dwelling-house, or for the grant of a lease or underlease of a dwelling-house, being (in
either case) a dwelling-house affected by a charge which is registered, then, without
prejudice to sub-paragraph (1), the home rights constituting the charge shall be
deemed to have been released on the happening of whichever of the following events
first occurs —
(a) the delivery to the purchaser or lessee, as the case may be, or his
advocate on completion of the contract of an application by the
spouse or civil partner entitled to the charge for the cancellation of
the registration of the charge; or117
(b) the lodging of such an application at the General Registry.118
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Postponement of priority of charge
8. A spouse or civil partner entitled by virtue of section 93 to a charge on an estate
or interest may agree in writing that any other charge on, or interest in, that estate or
interest shall rank in priority to the charge to which that spouse or civil partner is so
entitled.119
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SCHEDULE 3
POWERS OF HIGH COURT TO REMAND
Section 109(10)
Interpretation
1. In this Schedule “the court
” means the High Court and includes a judge of that
court.
Remand in custody or on bail
2. (1) Where the court has power to remand a person under section 109, the
court may —
(a) remand him in custody, that is, commit him to custody to be
brought before the court at the end of the period of remand or at
such earlier time as the court may require; or
(b) remand him on bail, that is, take from him a recognizance in
accordance with the Bail Act 1952.
(2) Instead of taking recognizances under sub-paragraph (1)(b), the court
may fix the amount of the recognizances with a view to their being taken subsequently
in accordance with section 7 of the Bail Act 1952, and may in the meantime commit him
to custody under sub-paragraph (1)(a).
(3) Where a person is brought before the court after remand, the court may
further remand him.
(4) Subject to paragraph 3, the court shall not remand a person for a period
exceeding 8 clear days except that —
(a) if the court remands him on bail, it may remand him for a longer
period if he and the other party consent, and
(b) if the court adjourns a case under section 110(1), the court may
remand him for the period of the adjournment.
Further remand
3. (1) If the court is satisfied that any person who has been remanded is unable
by reason of illness or accident to appear or be brought before the court at the
expiration of the period for which he was remanded, the court may in his absence
remand him for a further time; and paragraph 2(4) shall not apply.
(2) Where a person remanded on bail is bound by the recognizance to
appear before the court at any time, the court may in his absence enlarge the
recognizance and those of his sureties, if any, to a later time; and the enlargement of
the recognizance shall be deemed to be a further remand.
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SCHEDULE 4
TRANSITIONAL PROVISIONS
Section 139(1)
Divorce on grounds of desertion
1. For the purposes of section 2(2)(c) the Court may treat as a period during which
the respondent has deserted the petitioner any of the following periods —
(a) any period during which there is in force an order made by the
Court under —
(i) section 1 of the Matrimonial Homes Act 1971; or
(ii) section 3 of the Domestic Violence and Matrimonial
Proceedings Act 1978,
which prohibits the exercise by the respondent of the right to
occupy a dwelling-house in which the applicant and the
respondent have or at any time have had a matrimonial home;
(b) any period during which there is in force an order made by a
court of summary jurisdiction under section 15(3) of the Domestic
Proceedings Act 1983 which requires the respondent to leave the
matrimonial home or prohibits the respondent from entering the
matrimonial home.
Grounds for annulment
2. (1) Sections 11, 13 and 16 do not apply to a marriage celebrated before the
1st April 1976.
(2) Subject to sub-paragraphs (3) and (4), a marriage celebrated before the
1st April 1976 shall (without prejudice to any other grounds on which a marriage
celebrated before that date is by law void or voidable) be voidable on the ground —
(a) that the marriage has not been consummated owing to the wilful
refusal of the respondent to consummate it; or
(b) that, at the time of the marriage, either party to the marriage —
(i) was of unsound mind; or
(ii) was suffering from mental disorder within the meaning of
the Mental Health Act 1974 of such a kind or to such an
extent as to be unfitted for marriage and the procreation of
children; or
(iii) was subject to recurrent attacks of insanity or epilepsy; or
(c) that the respondent was at the time of the marriage suffering from
venereal disease in a communicable form; or
Matrimonial Proceedings Act 2003 Schedule 4
c AT 7 of 2003 Page 133
(d) that the respondent was at the time of the marriage pregnant by
some person other than the petitioner;
(e) that an interim gender recognition certificate under the Gender
Recognition Act 2004 (an Act of Parliament) has been issued to
either party to the marriage.120
(3) In relation to a marriage celebrated before the 1st January 1976, for heads
(ii) and (ii) of sub-paragraph (2)(b) there shall be substituted the following heads —
“(ii) was a defective within the meaning of the Mental Diseases Acts
1924 to 1960; or
(iii) was subject to recurrent fits of insanity or epilepsy; or”.
(4) The court shall not make an annulment order in a case falling within sub-
paragraph (2)(b), (c) or (d) unless it is satisfied that —
(a) the petitioner was at the time of the marriage ignorant of the facts
alleged;
(b) proceedings were instituted within a year from the date of the
marriage; and
(c) marital intercourse with the consent of the petitioner has not
taken place since the petitioner discovered the existence of the
grounds for an annulment.
(4A) The court shall not make an annulment order in a case falling within sub-
paragraph (2)(e) unless it is satisfied that proceedings were instituted within 6 months
from the date of issue of the interim gender recognition certificate.121
(5) Nothing in this paragraph shall be construed as validating a marriage
which is by law void but with respect to which an annulment order has not been made.
(6) Where a decree of nullity was granted on or before the 1st April 1976 in
respect of a voidable marriage, any child who would have been the legitimate child of
the parties to the marriage if, at the date of the decree, it had been dissolved instead of
being annulled shall be deemed to be their legitimate child.
Polygamous marriages
3. (1) Subject to sub-paragraphs (2) and (3), section 12(2) applies, and shall be
deemed always to have applied, to any marriage entered into before the
commencement of section 12.
(2) Section 12(2) does not apply to a marriage a party to which has (before
the commencement of section 12) entered into a later marriage which either —
(a) is valid apart from this paragraph but would be void if
section 12(2) applied to the earlier marriage; or
(b) is valid by virtue of this paragraph.
Schedule 4
Matrimonial Proceedings Act 2003
Page 134 AT 7 of 2003 c
(3) Section 12(2) does not apply to a marriage has been annulled before the
commencement of section 12, whether by a decree granted in the Island or by an
annulment obtained elsewhere and recognised in the Island at such commencement.
(4) An annulment of a marriage resulting from legal proceedings begun
before the commencement of section 12 shall be treated for the purposes of sub-
paragraph (3) as having taken effect before that time.
(5) For the purposes of sub-paragraphs (3) and (4) a marriage which has
been declared to be invalid by a court of competent jurisdiction in any proceedings
concerning either the validity of the marriage or any right dependent on its validity
shall be treated as having been annulled.
(6) Nothing in section 12(2), in its application to marriages entered into
before the commencement of section 12 —
(a) gives or affects any entitlement to an interest —
(i) under the will or codicil of, or on the intestacy of, a person
who died before such commencement; or
(ii) under a settlement or other disposition of property made
before that time (otherwise than by will or codicil);
(b) gives or affects any entitlement to a benefit, allowance, pension or
other payment —
(i) payable before, or in respect of a period before, such
commencement; or
(ii) payable in respect of the death of a person before that time;
(c) affects tax in respect of a period or event before such
commencement; or
(d) affects the succession to any dignity or title of honour.
References to decrees etc.
4. In relation to proceedings pending at, or commenced after, the commencement
of Part 2, any reference (however expressed) in any statutory provision, instrument or
document (whenever passed or made) to a matter specified in column 1 of the
following table shall be construed as a reference to the corresponding matter specified
in column 2 of that table —
Matrimonial Proceedings Act 2003 Schedule 4
c AT 7 of 2003 Page 135
Reference to to be construed as reference to
decree of divorce divorce order
decree of nullity of marriage annulment order
decree of judicial separation separation order
petition for a decree of divorce, nullity of
marriage or judicial separation
application for a divorce order, annulment
order or separation order, as the case may
be
petitioner for such a decree applicant for such an order
decree nisi provisional order
decree absolute final order
Pending applications for orders relating to occupation and molestation
5. (1) In this paragraph and paragraph 6 “the existing enactments” means —
(a) section 1 of the Matrimonial Homes Act 1971;
(b) the Domestic Violence and Matrimonial Proceedings Act 1978;
(c) sections 15 to 17 of the Domestic Proceedings Act 1983; and
(d) section 28 of the Family Law Act 1991.
(2) Nothing in Part 3 or Schedule 6 affects any application for an order or
injunction under any of the existing enactments which is pending immediately before
the commencement of the repeal of that enactment.
Existing orders relating to occupation and molestation
6. (1) In this paragraph “an existing order” means any order or injunction
under any of the existing enactments which —
(a) is in force immediately before the commencement of the repeal of
that enactment; or
(b) was made or granted after that commencement in proceedings
brought before that commencement.
(2) Subject to sub-paragraphs (3) and (4), nothing in Part 3 or Schedule 6 —
(a) prevents an existing order from remaining in force; or
(b) affects the enforcement of an existing order.
(3) Nothing in Part 5 or Schedule 6 affects any application to extend, vary or
revoke an existing order, but the court may, if it thinks it just and reasonable to do so,
treat the application as an application for an order under Part 5.
(4) The making of an order under Part 5 between parties with respect to
whom an existing order is in force revokes the existing order.
Schedule 4
Matrimonial Proceedings Act 2003
Page 136 AT 7 of 2003 c
Matrimonial home rights
7. (1) Any reference (however expressed) in any statutory provision,
instrument or document (whether passed or made before or after the passing of this
Act) to rights of occupation under, or within the meaning of, the Matrimonial Homes Act
1971 shall be construed, so far as is required for continuing the effect of the instrument
or document, as being or as the case requires including a reference to matrimonial
home rights under, or within the meaning of, Part 3.
(2) Any reference (however expressed) in this Act or in any other statutory
provision, instrument or document (including any enactment amended by this Act) to
matrimonial home rights under, or within the meaning of, Part 3 shall be construed as
including, in relation to times, circumstances and purposes before the commencement
of sections 92 to 94, a reference to rights of occupation under, or within the meaning of,
the Matrimonial Homes Act 1971.
(3) In sections 92 to 94 and Schedule 2 any reference to an order made under
section 95 shall be construed as including a reference to an order made under section 1
of the Matrimonial Homes Act 1971.
MWPA policies
8. Section 127(7) does not apply in relation to a policy effected before the 1st
January 1986 (the commencement of the Legitimacy Act 1985).
Rules of court
9. Rules under section 49 of the Judicature (Matrimonial Causes) Act 1976 which are
in force immediately before the repeal of that section comes into operation shall have
effect as if they were made under —
(a) section 25 of the High Court Act 1991, in relation to proceedings in
the High Court; or
(b) section 91 of the Summary Jurisdiction Act 1989, in relation to
proceedings in courts of summary jurisdiction.
Fees
10. Any fees prescribed under section 50 of the Judicature (Matrimonial Causes) Act
1976 which are in force immediately before the repeal of that section comes into
operation shall have effect as if they were prescribed under the Fees and Duties Act
1989.
Abolition of remedies etc.
11. Without prejudice to section 15 of the Interpretation Act 1976, the repeal by this
Act of any enactment does not operate to revive any right, remedy, cause of action,
restriction or liability abolished by that enactment.
Matrimonial Proceedings Act 2003 Schedule 5
c AT 7 of 2003 Page 137
SCHEDULE 5
AMENDMENT OF ENACTMENTS
Section 139(2)
[Sch 5 amends the following Acts —
Church (Ecclesiastical Jurisdiction) Act 1978 q.v.
Administration of Justice Act 1981 q.v.
Acquisition of Land Act 1984 q.v.
Civil Registration Act 1984 q.v.
Adoption Act 1984 q.v.
Legitimacy Act 1985 q.v.
Summary Jurisdiction Act 1989 q.v.
Family Law Act 1991 q.v.
Maintenance Orders (Reciprocal Enforcement) Act 1995 q.v.
Children and Young Persons Act 2001 q.v.]
SCHEDULE 6
ENACTMENTS REPEALED
Section 139(3)
[Sch 6 repeals the following Acts wholly —
Married Women’s Property, Dower and Widowright Act 1921
Law Reform (Married Women and Tortfeasors) Act 1936
Married Women (Restraint upon Anticipation) Act 1950
Law Reform (Husband and Wife) Act 1963
Married Women’s Property Act 1965
Matrimonial Homes Act 1971
Judicature (Matrimonial Proceedings and Property) Act 1972
Judicature (Matrimonial Causes) Act 1976
Domestic Violence and Matrimonial Proceedings Act 1978
Domestic Proceedings Act 1983
Matrimonial Proceedings Act 2001
and the following Acts in part —
Conveyancing Act 1908
Conveyancing Act 1922
Judicature (Matrimonial Causes) Act 1965
Schedule 6
Matrimonial Proceedings Act 2003
Page 138 AT 7 of 2003 c
Domicile and Matrimonial Proceedings Act 1974
Land Registration Act 1982
Marriage Act 1984
Collection of Fines etc. Act 1985
Legitimacy Act 1985
Wills Act 1985
Treasury Act 1985
Health and Social Security Act 1986
Matrimonial Proceedings Act 1986
Child Custody Act 1987
Summary Jurisdiction Act 1989
Family Law Act 1991
Law Reform Act 1997
Mental Health Act 1998.]
Matrimonial Proceedings Act 2003 Endnotes
c AT 7 of 2003 Page 139
ENDNOTES
Table of Legislation History
Legislation Year and No Commencement
Table of Renumbered Provisions
Original Current
Table of Endnote References
1
Subs (5) inserted by Marriage and Civil Partnership (Amendment) Act 2016 s Sch 2. 2
Para (c) repealed by Marriage and Civil Partnership (Amendment) Act 2016 s 28. 3
Subs (1) amended by SD2016/0193. 4
Para (g) added by Gender Recognition Act 2009 Sch 2. 5
Para (h) added by Gender Recognition Act 2009 Sch 2. 6
Subs (1) amended by SD2016/0193. 7
Subs (2) inserted by Marriage and Civil Partnership (Amendment) Act 2016 s Sch 2. 8
S 13A inserted by SD2016/0193. 9
Subs (2) amended by Gender Recognition Act 2009 Sch 2. 10
Subs (2A) inserted by Gender Recognition Act 2009 Sch 2. 11
Subs (3) amended by Gender Recognition Act 2009 Sch 2. 12
Subs (4) amended by Gender Recognition Act 2009 Sch 2. 13
Subs (1A) inserted by Marriage and Civil Partnership (Amendment) Act 2016 s Sch 2. 14
Subs (5A) inserted by Marriage and Civil Registration (Amendment) Act 2011 Sch 3. 15
Subs (5B) inserted by Marriage and Civil Partnership (Amendment) Act 2016 s Sch 2. 16
Subs (6) amended by Marriage and Civil Partnership (Amendment) Act 2016 s Sch 2. 17
Subs (4) repealed by Marriage and Civil Partnership (Amendment) Act 2016 s 28. 18
S 21A inserted by Marriage and Civil Registration (Amendment) Act 2011 Sch 3. 19
Definition of “the Department” amended by SD155/10 Sch 6 and by SD2014/08. 20
Subs (4) amended by SD155/10 Sch 6 and by SD2014/08. 21
Subs (2) substituted by Administration of Justice Act 2008 s 32(1). 22
Subs (3) amended by SD155/10 Sch 6 and by SD2014/08. 23
Subs (4) amended by SD155/10 Sch 6 and by SD2014/08.
Endnotes Matrimonial Proceedings Act 2003
Page 140 AT 7 of 2003 c
24
Cross-heading amended by Civil Partnership Act 2011 Sch 10. 25
S 92 heading amended by Civil Partnership Act 2011 Sch 10. 26
Para (a) amended by Civil Partnership Act 2011 Sch 10. 27
Para (b) amended by Civil Partnership Act 2011 Sch 10. 28
Para (a) amended by Civil Partnership Act 2011 Sch 10. 29
Subs (2) amended by Civil Partnership Act 2011 Sch 10. 30
Subs (3) amended by Civil Partnership Act 2011 Sch 10. 31
Para (b) amended by Civil Partnership Act 2011 Sch 10. 32
[Ed. note: Presumably these words amended by Civil Partnership Act 2011 Sch 10 to
read “A”.] 33
Subs (4) amended by Civil Partnership Act 2011 Sch 10. 34
Subs (5) amended by Civil Partnership Act 2011 Sch 10. 35
Subs (6) amended by Civil Partnership Act 2011 Sch 10. 36
Para (a) amended by Civil Partnership Act 2011 Sch 10. 37
Para (b) amended by Civil Partnership Act 2011 Sch 10. 38
Subs (7) amended by Civil Partnership Act 2011 Sch 10. 39
Para (b) amended by Civil Partnership Act 2011 Sch 10. 40
Subs (8) amended by Civil Partnership Act 2011 Sch 10. 41
S 92 amended by Civil Partnership Act 2011 Sch 10. 42
Para (a) amended by Civil Partnership Act 2011 Sch 10. 43
Subpara (i) amended by Civil Partnership Act 2011 Sch 10. 44
Subpara (ii) amended by Civil Partnership Act 2011 Sch 10. 45
Subs (1) amended by Civil Partnership Act 2011 Sch 10. 46
Para (a) amended by Civil Partnership Act 2011 Sch 10. 47
Subs (2) amended by Civil Partnership Act 2011 Sch 10. 48
Subs (3) amended by Civil Partnership Act 2011 Sch 10. 49
Para (a) amended by Civil Partnership Act 2011 Sch 10. 50
Para (b) amended by Civil Partnership Act 2011 Sch 10. 51
Subs (4) amended by Civil Partnership Act 2011 Sch 10. 52
Para (a) amended by Civil Partnership Act 2011 Sch 10. 53
Subs (5) amended by Civil Partnership Act 2011 Sch 10. 54
Subs (6) amended by Civil Partnership Act 2011 Sch 10. 55
S 94 amended by Civil Partnership Act 2011 Sch 10. 56
Subpara (ii) amended by Civil Partnership Act 2011 Sch 10. 57
Para (e) amended by Civil Partnership Act 2011 Schs 10 and 14. 58
Subs (2A) inserted by Civil Partnership Act 2011 Sch 10. 59
Subs (3) amended by Civil Partnership Act 2011 Sch 10. 60
Subs (4) substituted by Civil Partnership Act 2011 Sch 10. 61
Para (a) amended by Civil Partnership Act 2011 Sch 10. 62
Para (b) amended by Civil Partnership Act 2011 Sch 10. 63
Subs (1) amended by Civil Partnership Act 2011 Sch 10. 64
S 97 heading amended by Civil Partnership Act 2011 Sch 10.
Matrimonial Proceedings Act 2003 Endnotes
c AT 7 of 2003 Page 141
65
Para (a) amended by Civil Partnership Act 2011 Sch 10. 66
Para (b) amended by Civil Partnership Act 2011 Sch 10. 67
Para (c) substituted by Civil Partnership Act 2011 Sch 10. 68
Subs (2) amended by Civil Partnership Act 2011 Sch 10. 69
Para (f) amended by Civil Partnership Act 2011 Sch 10. 70
Subpara (ia) inserted by Civil Partnership Act 2011 Sch 10. 71
S 97 amended by Civil Partnership Act 2011 Sch 10. 72
Para (c) amended by Civil Partnership Act 2011 Sch 10. 73
S 99 heading amended by Civil Partnership Act 2011 Sch 10. 74
Para (a) substituted by Civil Partnership Act 2011 Sch 10. 75
Para (b) substituted by Civil Partnership Act 2011 Sch 10. 76
Subs (6) amended by Civil Partnership Act 2011 Sch 10. 77
S 99 amended by Civil Partnership Act 2011 Sch 10. 78
S 100 heading amended by Civil Partnership Act 2011 Sch 14. 79
Para (a) amended by Civil Partnership Act 2011 Sch 10. 80
Subs (1A) inserted by Civil Partnership Act 2011 Sch 10. 81
Para (b) amended by Civil Partnership Act 2011 Sch 10. 82
S 100 amended by Civil Partnership Act 2011 Sch 14. 83
S 106A inserted by Civil Partnership Act 2011 Sch 10. 84
Subs (3) amended by Civil Partnership Act 2011 Sch 10. 85
Subs (2) amended by Civil Partnership Act 2011 Sch 10. 86
Definition of “cohabitants” amended by Civil Partnership Act 2011 Sch 10. 87
Definition of “former cohabitants” amended by Civil Partnership Act 2011 Sch 10. 88
Para (aa) inserted by Civil Partnership Act 2011 Sch 10. 89
Para (ea) inserted by Civil Partnership Act 2011 Sch 10. 90
Definition of “home rights” inserted by Civil Partnership Act 2011 Sch 10. 91
Definition of “matrimonial home rights” repealed by Civil Partnership Act 2011 Sch
15. 92
Para (a) amended by Civil Partnership Act 2011 Sch 10. 93
Para (b) amended by Civil Partnership Act 2011 Sch 10. 94
Definition of “relative” amended by Civil Partnership Act 2011 Sch 10. 95
Para (b) repealed by Social Services Act 2011 Sch 4. 96
Para (b) amended by SD155/10 Sch 6 and by SD2014/08. 97
ADO (whole Act) 1/4/2004 (SD180/04). 98
Sch A1 inserted by Marriage and Civil Partnership (Amendment) Act 2016 Sch 2. 99
Definition of “matrimonial proceedings” amended by Marriage and Civil
Partnership (Amendment) Act 2016 Sch 2. 100
Item (b) amended by SD2016/0193. 101
Sch 2 amended by Civil Partnership Act 2011 Sch 10. Heading to Sch 2 amended by
Civil Partnership Act 2011 Sch 10. 102
Subpara (1) amended by Civil Partnership Act 2011 Sch 14. 103
Cross-heading amended by Civil Partnership Act 2011 Sch 14.
Endnotes Matrimonial Proceedings Act 2003
Page 142 AT 7 of 2003 c
104
Subpara (1) amended by Civil Partnership Act 2011 Sch 14. 105
Subpara (1) amended by Civil Partnership Act 2011 Sch 14. 106
Subpara (3) amended by Civil Partnership Act 2011 Sch 14. 107
Cross-heading amended by Civil Partnership Act 2011 Sch 10. 108
Item (a) substituted by Civil Partnership Act 2011 Sch 10. 109
Item (b) substituted by Civil Partnership Act 2011 Sch 10. 110
Item (c) repealed by Civil Partnership Act 2011 Sch 10. 111
Subpara (1) amended by Civil Partnership Act 2011 Sch 10. 112
Item (a) amended by Civil Partnership Act 2011 Schs 10 and 14. 113
Item (b) amended by Civil Partnership Act 2011 Sch 14. 114
Para 5 amended by Civil Partnership Act 2011 Sch 10. 115
Cross-heading amended by Civil Partnership Act 2011 Sch 10. 116
Subpara (1) amended by Civil Partnership Act 2011 Sch 10. 117
Item (a) amended by Civil Partnership Act 2011 Sch 14. 118
Subpara (2) amended by Civil Partnership Act 2011 Sch 10. 119
Para 8 amended by Civil Partnership Act 2011 Sch 14. 120
Para (e) added by Gender Recognition Act 2009 Sch 2. 121
Subpara (4A) inserted by Gender Recognition Act 2009 Sch 2.
