Matrimonial Causes Act 1965

JurisdictionUK Non-devolved
Citation1965 c. 72
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to solemnise the marriage of any person whose former marriage has been dissolved and whose former spouse is still living; orto permit the marriage of such a person to be solemnised in the church or chapel of which he is the minister.before the end of the period of six months from the date when representation in regard to the deceased’s estate is first taken out; orwith the permission of the court, after the end of that period but before the administration and distribution of the estate is completed,(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In considering for the purposes of subsection (1) of this section the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account, and 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.(5) For the purposes of section 162(1) of the Supreme Court of Judicature (Consolidation) Act 1925 (which relates to the discretion of the court as to the persons to whom administration is to be granted) a person by whom an application is proposed to be made by virtue of this section shall be deemed to be a person interested in the deceased’s estate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that it would have been reasonable for the deceased to make provision for the survivor’s maintenance; andthat the deceased has made no provision, or has not made reasonable provision, for the survivor’s maintenance,(3) Where the court makes an order under this section requiring provision to be made for the maintenance of the survivor, the order shall require that provision to be made by way of periodical payments terminating not later than the survivor’s death and, if the survivor remarries, not later than the remarriage, so however that F13if the court sees fit the order may require that provision to be made wholly or in part by way of a lump sum payment.to the past, present or future capital of the survivor and to any income of the survivor from any source;to the survivor’s conduct in relation to the deceased and otherwise;where the survivor is a former wife of the deceased, for such an order as is mentioned in section 16(1) of this Act or that subsection as applied by section 19 of this Act;where the survivor is a former husband of the deceased, for such an order as could be made either under the said section 16(1) as applied by subsection (3) of that section or under section 17(2) of this Act, where the survivor is a former wife or a former husband of the deceased, for an order under section 2 or 4 of the Matrimonial Proceedings and Property Act 1970 or under section 23(1) (a) , (b) or (c) or 24 of the Matrimonial Causes Act 1973and to the order (if any) made on any such application, or (if no such application was made by the survivor, or such an application was made by the survivor and no order was made on the application) to the circumstances appearing to the court to be the reasons why no such application was made, or no such order was made, as the case may be; andto any other matter or thing which, in the circumstances of the case, the court may consider relevant or material in relation to the survivor, to persons interested in the estate of the deceased, or otherwise.(5) In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order under this section, the court shall have regard to the nature of the property representing the net estate of the deceased and shall not order any such provision to be made as would necessitate a

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