UK Act of Parliament 1978 c. 1045 United Kingdom

Matrimonial Causes (Northern Ireland) Order 1978

Status
In Force

What it defines

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

83 other provisions — procedural and definitional
s.art001 Title and commencement
s.art002 Interpretation
s.art003 Divorce on breakdown of marriage
s.art004 Supplemental provisions as to facts raising presumption of breakdown
s.art005 Bar on petitions for divorce within two years of marriage
s.art006 Divorce not precluded by previous judicial separation
s.art007 Refusal of decree in five year separation cases on grounds of grave hardship to respondent
s.art008 Encouragement of reconciliation of parties to marriage
s.art009 Consideration by the court of certain agreements or arrangements
s.art010 Intervention by Crown Solicitor
s.art011 Proceedings after decree nisi: general powers of court
s.art012 Proceedings after decree nisi: special protection for respondent in separation cases
s.art013 Grounds on which a marriage is void
s.art014 Grounds on which a marriage is voidable
s.art014 Marriage converted from a civil partnership: when voidable
s.art015 Jurisdiction of court, and form of order, etc., in nullity proceedings
s.art016 Bars to relief where marriage is voidable
s.art017 Marriages governed by foreign law or celebrated abroad under certain enactments or under common law
s.art018 Effect of decree of nullity in case of voidable marriage
s.art019 Judicial separation
s.art020 Effects of judicial separation
s.art021 Presumption of death and dissolution of marriage
s.art022 Relief for respondent in proceedings for divorce, judicial separation or nullity
s.art023 Financial provision and property adjustment orders
s.art023 Pension sharing orders
s.art023 Pension compensation sharing orders
s.art023 Pension compensation: interpretation
s.art024 Maintenance pending suit
s.art025 Financial provision orders in connection with divorce proceedings, etc.
s.art026 Property adjustment orders in connection with divorce proceedings, etc.
s.art026 Pension sharing orders in connection with divorce proceedings, etc.
s.art026 Pension sharing orders: duty to stay
s.art026 Pension sharing orders: apportionment of charges
s.art026 Pension compensation sharing orders in connection with divorce proceedings
s.art026 Pension compensation sharing orders: duty to stay
s.art026 Pension compensation sharing orders: apportionment of charges
s.art027 Matters to which court is to have regard in deciding how to exercise its powers under Articles 25 , 26, 26A and 26D
s.art027 Exercise of court's powers in favour of party to marriage on decree of divorce or nullity of marriage
s.art027 Pensions
s.art027 Pensions: lump sums
s.art027 Pensions: supplementary
s.art027 The Pension Protection Fund
s.art027 Attachment of pension compensation
s.art027 Pension compensation: supplementary
s.art028 Commencement of proceedings for ancillary relief, etc.
s.art029 Financial provision orders in case of neglect by party to marriage to maintain other party or child of the family
s.art030 Duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage or formation of civil partnership
s.art031 Duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour
s.art032 Direction for settlement of instrument for securing payments or effecting property adjustment
s.art033 Variation, discharge, etc., of certain orders for financial relief
s.art034 Payment of certain arrears unenforceable without the leave of the court
s.art035 Orders for repayment in certain cases of sums paid under certain orders
s.art035 Consent orders for financial provision or property adjustment
s.art036 Validity of maintenance agreements
s.art037 Alteration of agreements by the court, or by a court of summary jurisdiction, during lives of parties
s.art038 Alteration of agreements by the High Court, or by a county court, after death of one party
s.art039 Avoidance of transactions intended to prevent or reduce financial relief
s.art040 Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership
s.art041 Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor
s.art042 Payments, etc., under order made in favour of person suffering from mental disorder
s.art042 Appeals relating to pension sharing orders which have taken effect
s.art042 Appeals relating to pension compensation sharing orders which have taken effect
s.art043 Reference for conciliation and report on children
s.art044 Restrictions on decrees for dissolution, annulment or separation affecting children
s.art048 The court
s.art049 Jurisdiction of court
s.art049 Jurisdiction of court: proceedings in relation to a marriage of a same-sex couple
s.art050 Matrimonial relief in respect of polygamous marriages
s.art051 Collusion, etc.
s.art052 Evidence
s.art053 Parties to proceedings under this Order
s.art055 Extension of section 17 of married Women's Property Act 1882
s.art055 Extension of time limit: mediation
s.art057 Abolition of right to claim damages for adultery
s.art058 Abolition of actions for enticement and harbouring of a spouse
s.art059 Abolition of right to claim restitution of conjugal rights
s.art060 Abolition of wife's agency of necessity
s.art062 Transitional provisions and savings
s.paragraph/p10 Art. 61 rep. by 1984 NI 14
s.paragraph/p11 Art.63(a), with Schedules 3, 4, effects amendments; para.(b), with Schedules...
s.paragraph/p7 Arts. 45‐47 rep. by 1995 NI 2
s.paragraph/p8 Art. 54 rep. by 1993 NI 6
s.paragraph/p9 Art. 56 rep. with saving by 1980 NI 5
Schedules

Schedules

0 of 42 shown
42 other schedules
s.sch001 Paragraphs 2 to 6 have effect for the interpretation of this Schedule.
s.sch001 (1) Where an order staying any proceedings is in force in pursuance of paragraph 8...
s.sch001 (1) The provisions of sub-paragraphs (2) and (3) shall apply (subject to sub-paragraph (4)) where...
s.sch001 “Matrimonial proceedings” means any proceedings so far as they are one or more of the...
s.sch001 (1) “Another jurisdiction” means any country other than Northern Ireland. (2) “Related jurisdiction” means any...
s.sch001 (1) References to the trial or first trial in any proceedings do not include references...
s.sch001 Any reference in this Schedule to proceedings in another jurisdiction is to proceedings in a...
s.sch001 “Prescribed” means prescribed by rules of court.
s.sch001 While matrimonial proceedings are pending in the court in respect of a marriage and the...
s.sch001 (1) Where before the beginning of the trial or first trial in any proceedings for...
s.sch001 (1) Where before the beginning of the trial or first...
s.sch003 (1) In this Schedule— “the Act of 1939” means the Matrimonial Causes Act (Northern Ireland)...
s.sch003 No right or liability shall attach by virtue of Article 36(1) in respect of any...
s.sch003 In relation to such proceedings as are mentioned in Article 45(1) which were begun between...
s.sch003 Article 45(2) shall not apply in relation to an order made under section 4 of...
s.sch003 (1) No proceedings for divorce shall be entertained by the court by virtue of Article...
s.sch003 (1) Article 51(1) shall not apply in relation to any petition for divorce or judicial...
s.sch003 In Article 54(3) any reference to rules of court as defined by section 21(4) of...
s.sch003 In paragraph 2 of Schedule 2 in sub-paragraph ( d ) the reference to the...
s.sch003 The amendment made by Schedule 4 in section 1(1) of the Matrimonial Causes (Reports) Act...
s.sch003 (1) Subject to sub-paragraphs (2) to (5), a marriage celebrated after 30th September 1939 and...
s.sch003 Where a decree of nullity was granted before the commencement of this Order in respect...
s.sch003 Subject to paragraph 3, any application made or proceeding begun under any statutory provision repealed...
s.sch003 Article 20(2) shall not apply in a case where the death occurred before the commencement...
s.sch003 (1) An order made under section 19(1) or (2) of the Act of 1939 (including...
s.sch003 Article 40 shall apply in relation to an order made under section 17(2) or (3),...
s.sch003 (1) Subject to the provisions of this paragraph, Article 33 shall apply, as it applies...
s.sch003 (1) Paragraphs (1) and (3) of Article 33 shall apply to an order made under...
s.sch003 Article 45(7) shall apply in relation to an order for the custody or education of...
s.sch003 The power of the court under Article 25(1) or (2)( a ) or 45(1)( a...
s.sch003 Article 34 shall apply in relation to the enforcement, by proceedings begun after the commencement...
s.sch003 Article 35 shall apply to an order made or deemed to have been made under...
s.sch003 (1) Article 39 shall apply in relation to proceedings for relief under section 17(2) or...
s.sch003 Nothing in Part II of this Order shall apply in relation to any petition for...
s.sch003 Articles 46 and 47 shall apply where the court has jurisdiction by virtue of paragraph...
s.sch003 Except where specific provision to the contrary is made in this Order, nothing in this...
s.sch003 Notwithstanding any repeal or amendment made by this Order, the Act of 1939 and any...
s.sch003 Subject to the provisions of this Order (and, in particular, to Articles 16 and 51(2))...
s.sch003 In Article 6 any reference to a decree of judicial separation includes a reference to...
s.sch003 Article 16(1) replaces, in relation to any decree to which it applies, any rule of...
s.sch003 In the application of Article 25(1)( d e ) or ( f ) to any...
s.sch003 Where the party chargeable under a maintenance agreement within the meaning of Article 36 died...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.