Matrimonial Causes Act 1965

Supplemental

29Applications for ancillary relief

(1)Rules of court may provide, in such cases as may be prescribed by the rules,—

(a)that all applications for ancillary relief shall be made in the petition or answer; or

(b)that applications for ancillary relief which are not so made shall be made only with the leave of the court.

(2)In the foregoing subsection " ancillary relief" means relief under any of the following provisions of this Act, that is to say, section 15, section 16(1), that subsection as applied by section 16(3) and by section 19, section 20(1), and section 21(1) and (2).

30Payment of alimony or maintenance to trustees etc.

(1)Where the court makes an order for alimony, it may—

(a)direct the alimony to be paid either to the wife or husband, as the case may be, or to a trustee approved by the court on her or his behalf; and

(b)impose such terms or restrictions as the court thinks expedient; and

(c)from time to time appoint a new trustee if for any reason it appears to the court expedient to do so.

(2)Where—

(a)a petition for divorce or judicial separation is presented by a wife on the ground of her husband's insanity ; or

(b)a petition for divorce, nullity or judicial separation is presented by a husband on the ground of his wife's insanity or mental deficiency or disorder,

and the court orders payments, other than a lump sum payment, in favour of the respondent under section 15, section 16(1), that subsection as applied by section 16(3) or by section 19, or under section 20(1) of this Act, the court may order the payments to be made to such persons having charge of the respondent as the court may direct.

31Variation and discharge of certain orders for relief

(1)Where the court has made an order under section 21(3) or section 22 or any of the provisions mentioned in section 29(2) of this Act (other than an order for the payment of a lump sum), the court shall have power to discharge or vary the order or to suspend any provision thereof temporarily and to revive the operation of any provision so suspended.

(2)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.

(3)In exercising the powers conferred by this section the .court shall have regard to all the circumstances of the case, including any increase or decrease in the means of either of the parties to the marriage.

32Avoidance of transactions intended to prevent relief

(1)Where proceedings for relief under any of the relevant provisions of this Act (hereafter in this section referred to as " financial relief ") are brought by a person against his or her spouse or former spouse (hereafter in this section referred to as " the other party "), the court may, on an application by that person—

(a)if it is satisfied that the other party 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 the intention aforesaid, made a disposition to which this paragraph applies 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 and give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payment or the disposal of any property);

(c)if it is satisfied, in a case where an order under the relevant provisions of this Act has been obtained by the applicant against the other party, that the other party has, with the intention aforesaid, made a disposition to which this paragraph applies, make such an order and give such directions as are mentioned in the last foregoing paragraph;

and an application for the purposes of paragraph (b) of this subsection shall be made in the proceedings for the financial relief in question.

(2)Paragraphs (b) and (c) of the foregoing subsection apply respectively to a disposition made by the other party (whether before or after the commencement of the proceedings for financial relief) within the period of three years ending with the date of the application made for the purposes of the paragraph in question, not being a disposition 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 such intention as aforesaid on the part of the other party.

(3)Where an application is made under this section with respect to a disposition or other transaction and the court is satisfied—

(a)in a case falling within subsection (1)(a) or (b) of this section, that the disposition or other transaction would (apart from this section) have the consequence, or

(b)in a case falling within subsection (1)(c) of this section, that the disposition has had the consequence,

of defeating the applicant's claim for financial relief, the disposition shall be presumed, unless the contrary is shown, to have been made by the other party with the intention aforesaid.

(4)In this section—

• " disposition " does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise ;

• " property " has the same meaning as in section 26 of this Act; and

• " the relevant provisions of this Act " means any of the provisions of the following enactments, that is to say, sections 16, 17(2), 20(1), 21 and 22 of this Act and section 16(1) as applied by section 19 and section 17(2) as applied by section 20(2) of this Act; and any reference to defeating an applicant's claim for financial relief is a reference to preventing financial relief from being granted to the applicant or reducing the amount of any financial relief which might be so granted, or frustrating or impeding the enforcement of any order which might be made at the instance of the applicant under the relevant provisions of this Act.