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Matrimonial Proceedings And Property Act 1970

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Part IIE+W Miscellaneous Provisions

Provisions relating to orders made by magistrates’ courts in matrimonial proceedingsE+W

30 Order for maintenance of party to marriage made by magistrates’ court to cease to have effect on remarriage of that party.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)[F2Section 4(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978] shall apply in relation to an order consisting of or including a provision such as is mentioned in [F2section 2(1)(a)] of that Act made by [F3the family court] and confirmed in accordance with section 3 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (which enables [F3the family court] to make a maintenance order against a person resident in a part of Her Majesty’s dominions outside the United Kingdom but provides that the order shall have no effect unless and until confirmed by a competent court in that part) [F2as it applies in relation to an order made under section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978], . . . F4

31—33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

34—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

Provisions relating to property of married personsE+W

37 Contributions by spouse in money or money’s worth to the improvement of property. E+W

It is hereby declared that where a husband or wife 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 them has or have a beneficial interest, the husband or wife so contributing shall, if the contribution is of a substantial nature and subject to any agreement between them to the contrary express or implied, be treated as having then acquired by virtue of his or her contribution a share or an enlarged share, as the case may be, in that beneficial interest of such an extent as may have been then agreed or, in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of the husband or wife arises (whether in proceedings between them or in any other proceedings).

Modifications etc. (not altering text)

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

39 Extension of s. 17 of Married Women’s Property Act 1882.E+W

An application may be made to the High Court or [F9the family court] under section 17 of the M1Married Women’s Property Act 1882 (powers of the court in disputes between husband and wife about property) (including that section as extended by section 7 of the M2Matrimonial Causes (Property and Maintenance) Act 1958) by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of three years beginning with the date on which the marriage was dissolved or annulled; and references in the said section 17 and the said section 7 to a husband or a wife shall be construed accordingly.

Textual Amendments

F9Words in s. 39 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 28(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

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