Domestic Proceedings and Magistrates’ Courts Act 1978 (Version in vigour from 2014-04-22 to )

Consolidated Text

As Enacted

Cited authorities 226

Cited in

Currency	No known outstanding effects
Coming into Force	22 April 2014

Contenidos

Domestic Proceedings and Magistrates’ Courts Act 1978
Part I: Matrimonial Proceedings in Magistrates’ Courts

Powers of court to make orders for financial provision for parties to a marriage and children of the family

1: Grounds of application for financial provision.: Either party to a marriage may apply to the family court for an order under section 2 of this Act on the ground that the other party to the marriage ... —
2: Powers of court to make orders for financial provision.
3: Matters to which court is to have regard in exercising its powers under s. 2.
4: Duration of orders for financial provision for a party to a marriage.
5: Age limit on making orders for financial provision for children and duration of such orders.
6: Orders for payments which have been agreed by the parties.
7: Powers of court where parties are living apart by agreement.

Powers of court as to the custody etc. of children

8: Restriction on making of orders under this Act: welfare of children.
9: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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15: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the court to make orders for the protection of a party to a marriage or a child of the family

16: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim orders

19: Interim orders.

Variation, revocation and cessation of orders etc.

20: Variation, revival and revocation of orders for periodical payments.
20ZA: Variation of orders for periodical payments: further provisions.
20A: Revival of orders for periodical payments.
21: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22: Variation of instalments of lump sum.
23: Supplementary provisions with respect to variation and revocation of orders.
24: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25: Effect on certain orders of parties living together.

Reconciliation

26: Reconciliation.

Provisions relating to High Court and county court

27: Refusal of order in case more suitable for High Court.
28: Powers of High Court and family court in relation to certain orders under Part I.
29: Appeals.

Provisions relating to procedure, jurisdiction and enforcement

30: Provisions as to jurisdiction and procedure.
31: Constitution of courts.
32: Enforcement etc. of orders for payment of money.
33: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35: Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership .

Part II: Amendments of the Guardianship of Minors Acts 1971 and 1973

Amendment of provisions relating to the custody of minors

36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of provisions relating to orders for maintenance

41: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions

45: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III: Amendments of other Enactments relating to Domestic Proceedings

Amendments of Affiliation Proceedings Act 1957

49: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of Maintenance Orders (Reciprocal Enforcement) Act 1972

54: Date of operation of orders under Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972.: The provisions of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to the date of operation of orders made in a reciprocating country and registered in the United Kingdom and of orders varying or revoking orders to which that Part relates shall have effect subject to the following amendments—
55: Interpretation of Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972 as respects Scotland.: In section 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (which relates to the interpretation of Part I of that Act)—
56: Magistrates’ courts having jurisdiction to hear applications for affiliation orders under s. 27 of Maintenance Orders (Reciprocal Enforcement) Act 1972.
57: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59: Complaint by former wife in convention country for recovery in Northern Ireland of maintenance from former husband.
60: Further amendments of Maintenance Orders Reciprocal Enforcement) Act 1972 as respects Scotland.
61: Eligibility for Legal Aid in Scotland for proceedings under Maintenance Orders Reciprocal Enforcement) Act 1972.

Amendments of the Matrimonial Causes Act 1973

62: Amendment of s. 4 of Matrimonial Causes Act 1973.: In section 4 of the Matrimonial Causes Act 1973 (which relates to petitions for divorce presented after the granting of a decree of judicial separation or an order in matrimonial proceedings in a magistrates’ court)—
63: Amendment of s. 27 of Matrimonial Causes Act 1973.

Amendments of the Children Act 1975

64: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of enactments relating to adoption

72: .
73: Hearing in private of adoption proceedings.
74: Provisions relating to Convention adoption orders.

Part IV

75–83: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V: Supplementary Provisions

84: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87: Expenses.
88: Interpretation.

89: Transitional provisions, amendments, repeals and commencement.

90: Short title and extent.

SCHEDULES

SCHEDULE 1 Section 89.
Transitional Provisions

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