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Matrimonial Causes Act 1973

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This is the original version (as it was originally enacted).

5(1)In section 26 of the [1965 c. 72.] Matrimonial Causes Act 1965 (orders for maintenance of survivor from estate of deceased former spouse)—

(a)in subsection (4) (matters to which the court is to have regard on an application under the section), in paragraph (c) the following sub-paragraph shall be inserted after sub-paragraph (ii) (in place of the sub-paragraph inserted by paragraph 1(1) of Schedule 2 to the Matrimonial Proceedings and Property Act 1970):—

“(iii)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 1973”;

(b)in subsection (6), the words "means the High Court and" inserted by paragraph 8 of Schedule 1 to the [1969 c. 55.] Divorce Reform Act 1969 (after the word " court " where first occurring in the definition of " court" inserted in that subsection by section 7(4) of the [1966 c. 35.] Family Provision Act 1966) shall continue to have effect notwithstanding the repeal by this Act of the Divorce Reform Act 1969 ;

(c)in subsection (6), in the definition of " former spouse", for the words " this Act" there shall be substituted the words " the Matrimonial Causes Act 1973 ".

(2)In section 42 of that Act (provisions as to condonation), at the beginning of subsections (1) and (3) there shall be inserted the words " For the purposes of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ".

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