C1Part I Matrimonial Proceedings in Magistrates’ Courts
Provisions relating to procedure, jurisdiction and enforcement
30 Provisions as to jurisdiction and procedure.
F131
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F131A
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F12
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F13
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F14
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5
It is hereby declared that any jurisdiction conferred on F15the family court by this Part of this Act is exercisable notwithstanding that any party to the proceedings is not domiciled in England.
F146
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F1631 Constitution of courts.
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C232 Enforcement etc. of orders for payment of money.
F191
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2
3
Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made under this Part of this Act shall give notice of any change of address to such person, if any, as may be specified in the order; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding F2level 2 on the standard scale.
4
A person shall not be entitled to enforce through the F20family court the payment of any arrears due under an order made by virtue of this Part of this Act without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.
5
The court hearing an application for the grant of leave under subsection (4) above may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of such arrears or any part thereof.
6
An application for the grant of leave under subsection (4) above shall be made in such manner as may be prescribed by F5rules of court.
F333. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F434. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage F7or formation of civil partnership .
1
Where—
a
an order made under section 2(1)(a), 6 or 7 of this Act has, by virtue of section 4(2) of this Act, ceased to have effect by reason of the remarriage ofF10, or formation of a civil partnership by, the party in whose favour it was made, and
b
the person liable to make payments under the order made payments in accordance with it in respect of a period after the date of that remarriage F11or the formation of that civil partnership in the mistaken belief that the order was still subsisting,
no proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b) above shall be maintainable by the person so liable or his personal representatives against the person so entitled or his personal representatives, but on an application made under this section F26the family court may exercise the powers conferred on it by subsection (2) below.
2
F27The family court may order the respondent to an application made under this section to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) above or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.
3
An application under this section may be made by the person liable to make payments under the order made under section 2(1)(a), 6 or 7 of this Act or his personal representatives and may be made against the person entitled to payments under that order or his personal representatives.
4
5
An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
F316
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7
F21An officer of the family court, and the collecting officer under an attachment of earnings order made to secure payments under F22an order made under section 2(1)(a), 6 or 7 of this Act, shall not be liable—
a
in the case of F24an officer of the family court, for any act done by himF25, in pursuance of an order made under section 2(1)(a), 6 or 7 of this Act requiring payments to be made to the court or an officer of the court, after the date on which that order ceased to have effect by reason of the remarriage ofF12, or formation of a civil partnership by, the person entitled to payments under it, and
b
in the case of the collecting officer, for any act done by him after that date in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with,
if, but only if, the act was one which he would have been under a duty to do had the F23order made under section 2(1)(a), 6 or 7 of this Act not ceased to have effect by reason of the remarriage F8or the formation of that civil partnership and the act was done before notice in writing of the fact that the person so entitled had remarried F9or formed a civil partnership was given to him by or on behalf of that person, the person liable to make payments under the F23order made under section 2(1)(a), 6 or 7 of this Act or the personal representatives of either of those persons.
8
In this section “collecting officer”, in relation to an attachment of earnings order, means the officer of the High Court, F6or the officer designated by the Lord Chancellor to whom a person makes payments in compliance with the order.
Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A