Law

Matrimonial and Family Proceedings Act 1984

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 85 provisions
  1. Title and introductory text
  2. 1 Bar on petitions for divorce within one year of marriage.
  3. 2 Extension of period for proceedings for decree of nullity in respect of voidable marriage.
  4. 3 Orders for financial relief after divorce etc.
  5. 4 Orders for financial relief in case of neglect to maintain.
  6. 5 Duration of orders for periodical payments and effect of remarriage.
  7. 6 Variation and discharge of orders for periodical payments.
  8. 7 Consent orders for financial provision or property adjustment.
  9. 8 Restrictions imposed in divorce proceedings etc., on applications under Inheritance (Provision for Family and Dependants) Act 1975.
  10. 9 Orders for financial relief made by magistrates’ courts in matrimonial proceedings.
  11. 10 Orders for payments which have been agreed by the parties.
  12. 11 Variation of consent orders by magistrates’ courts.
  13. 12 Applications for financial relief after overseas divorce etc.
  14. 13 Leave of the court required for applications for financial relief.
  15. 14 Interim orders for maintenance.
  16. 15 Jurisdiction of the court.
  17. 16 Duty of the court to consider whether England and Wales is appropriate venue for application.
  18. 17 Orders for financial provision and property adjustment.
  19. 18 Matters to which the court is to have regard in exercising its powers under s. 17.
  20. 19 Consent orders for financial provision or property adjustment.
  21. 20 Restriction of powers of court where jurisdiction depends on matrimonial home in England or Wales.
  22. 21 Application to orders under ss. 14 and 17 of certain provisions of Part II of Matrimonial Causes Act 1973.
  23. 22 Powers of court in relation to certain tenancies of dwelling-houses.
  24. 23 Avoidance of transactions intended to defeat applications for financial relief.
  25. 24 Prevention of transactions intended to defeat prospective applications for financial relief.
  26. 25 Extension of powers under Inheritance (Provision for Family and Dependants) Act 1975 in respect of former spouses.
  27. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 27 Interpretation of Part III.
  29. 28 Circumstances in which a Scottish court may entertain application for financial provision.
  30. 29 Disposal of application in Scotland.
  31. 29A Application of Part IV to annulled marriages.
  32. 30 Interpretation of Part IV.
  33. 31 Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.
  34. 31A Establishment of the family court
  35. 31B Sittings
  36. 31C Judges
  37. 31D Composition of the court and distribution of its business
  38. 31E Family court has High Court and county court powers
  39. 31F Proceedings and decisions
  40. 31G Witnesses and evidence
  41. 31H Contempt of court: power to limit court's powers
  42. 31I Powers of the High Court in respect of family court proceedings
  43. 31J Overview of certain powers of the court under other Acts
  44. 31K Appeals
  45. 31L Enforcement
  46. 31M Records of proceedings
  47. 31N Summonses and other documents
  48. 31O Function of giving legal advice to judges
  49. 31P Orders, regulations and rules under Part 4A
  50. 31Q Prohibition of cross-examination in person: introductory
  51. 31R Prohibition of cross-examination in person: victims of offences
  52. 31S Prohibition of cross-examination in person: persons protected by injunctions etc
  53. 31T Prohibition of cross-examination in person: evidence of domestic abuse
  54. 31U Direction for prohibition of cross-examination in person: other cases
  55. 31V Directions under section 31U: supplementary
  56. 31W Alternatives to cross-examination in person
  57. 31X Costs of legal representatives appointed under section 31W(6)
  58. 31Y Guidance for legal representatives appointed under section 31W(6)
  59. 31Z Regulations under Part 4B
  60. 32 What is family business.
  61. 33 Jurisdiction of county courts in matrimonial causes.
  62. 34 Jurisdiction of divorce county courts as respects financial relief and protection of children.
  63. 35 Consideration of agreements or arrangements.
  64. 36 Assignment of Circuit judges to matrimonial proceedings.
  65. 36A Jurisdiction of county courts in civil partnership causes
  66. 36B Jurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children
  67. 36C Consideration of agreements or arrangements
  68. 36D Assignment of circuit judges to civil partnership proceedings
  69. 37 Directions as to distribution and transfer of family business and proceedings.
  70. 38 Transfer of family proceedings from High Court ....
  71. 39 Transfer of family proceedings to High Court ....
  72. 40 Family proceedings rules.
  73. 40A Process for making rules of court under section 40
  74. 40B Rules to be made if required by Lord Chancellor
  75. 41 Fees in family proceedings.
  76. 42 County court proceedings in principal registry of Family Division.
  77. 43 Distribution of business: proceedings under s. 17 of Married Women’s Property Act 1882.
  78. 44 Family proceedings in magistrates’ courts to include applications to alter maintenance agreements.
  79. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 46 Amendments, transitional provisions and repeals.
  81. 47 Commencement.
  82. 48 Short title and extent.
  83. SCHEDULE 1 Minor and Consequential Amendments
  84. SCHEDULE 2 Transitional Provisions
  85. SCHEDULE 3 Repeals

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85 provisions

47 Commencement.

(1) The provisions of this Act other than this section and section 48 below shall come into force as follows— (a) with the exception of section 10, Parts I and II and paragraphs 1 and 2 of Schedule 2 shall come into force at the expiry of the period of three months beginning with the day on which this Act is passed and that section shall come into force on such day as the Lord Chancellor appoints; (b) Part III shall come into force on such day as the Lord Chancellor appoints; (c) Schedule 1, except paragraphs 1(b), 6, 7 and 28 shall come into force on such day or days as the Lord Chancellor appoints; (d) Part IV and paragraphs 1(b), 6, 7 and 28 of Schedule 1 shall come into force on such day as the Lord Advocate appoints; and (e) Part V, section 45 above and paragraph 3 of Schedule 2 and the repeals specified in Schedule 3 shall come into force on such day or days as the Lord Chancellor appoints. (2) The power to appoint days for the coming into force of provisions of this Act shall be exercised by order made by statutory instrument.

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48 Short title and extent.

(1) This Act may be cited as the Matrimonial and Family Proceedings Act 1984. (2) Parts I to III and V and Schedules 2 and 3 extend to England and Wales only, Part IV extends to Scotland only . . . (3) Where any enactment amended by Schedule 1 extends to any part of the United Kingdom, the amendment extends to that part.

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SCHEDULE 1 Minor and Consequential Amendments

Section 46(1). Maintenance Orders Act 1950 (c. 37) 1 In section 16(2) of the Maintenance Orders Act 1950— (a) at the end of paragraph (a)(i) there shall be added the words “and section 14 or 17 of the Matrimonial and Family Proceedings Act 1984”; and (b) at the end of paragraph (b)(i) there shall be added the words “or section 29 of the Matrimonial and Family Proceedings Act 1984”. 2 In section 18 of that Act, after subsection (2), there shall be inserted the following subsection— (2A) Any person under an obligation to make payments under a maintenance order registered under this Part of this Act in a court of summary jurisdiction in England shall give notice of any change of address to the clerk of the court; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982). Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35) 3 In section 7 of the Matrimonial Causes (Property and Maintenance) Act 1958, for subsection (6), there shall be substituted the following subsection— (6) Any power of a judge which is exercisable on an application under the said section seventeen shall be exercisable in relation to an application made under that section as extended by this section. Maintenance Orders Act 1958 (c. 39) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In section 4 of that Act, after subsection (6A) there shall be inserted the following subsection— (6B) No application for any variation of a registered order shall be made to any court in respect of an order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984. Succession (Scotland) Act 1964 (c. 41) 6 In section 33(2) of the Succession (Scotland) Act 1964, at the end there shall be added the words “or section 29 of the Matrimonial and Family Proceedings Act 1984”. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) 7 In section 8(1)(c) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966, at the end there shall be added the words “or section 29 of the Matrimonial and Family Proceedings 1984”. Administration of Justice Act 1970 (c. 31) 8 In Schedule 8 to the Administration of Justice Act 1970 there shall be inserted at the end the following paragraph— 14 An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984. Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matrimonial Causes Act 1973 (c. 18) 10 In section 1(4) of the Matrimonial Causes Act 1973 for the words “sections 3(3) and 5” there shall be substituted the words “section 5”. 11 In section 24A of that Act there shall be added at the end the following subsection— (6) Where a party to a marriage has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not a party to the marriage also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 25(1) below. . 12 In section 27 of that Act— (a) in subsection (3A) for the words “section 25(1)(a) and (b) and (2)(a) to (e)” there shall be substituted the words “section 25(3)(a) to (e)” and for the words “section 25(3)” there shall be substituted the words “section 25(4)”; (b) in subsection (3B) for the words “section 25(1)(c)” there shall be substituted the words “section 25(2)(c) above” and for the words “section 25(2)(d)” there shall be substituted the words “section 25(2)(c) above (as it applies by virtue of section 25(3)(e) above)”. 13 In section 35 of that Act— (a) in subsection (2) for the words “section 25(3)” there shall be substituted the words “section 25(4)”; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 In section 47(2) of that Act after paragraph (d) there shall be inserted the following paragraph— (dd) an order under Part III of the Matrimonial and Family Proceedings Act 1984; . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domicile and Matrimonial Proceedings Act 1973 (c. 45) 17 In section 5(1) of the Domicile and Matrimonial Proceedings Act 1973, for the words “the Matrimonial Causes Act 1967” there shall be substituted the words “Part V of the Matrimonial and Family Proceedings Act 1984”. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children Act 1975 (c. 72) 19 In section 100 of the Children Act 1975— (a) in subsection (2)(c) for the words “section 75 of the County Courts Act 1984” there shall be substituted the words “section 9(3) of the 1958 Act or section 40 of the Matrimonial and Family Proceedings Act 1984”; and (b) after subsection (9) there shall be inserted the following subsection— (10) Any court to which the proceedings on an application are transferred under any enactment is, as regards the transferred proceedings, an authorised court if it is not an authorised court under the preceding provisions of this section. Adoption Act 1976 (c. 36) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) 21 In section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 the words “(in this Part of this Act referred to as “the respondent”)” shall be omitted. 22 In section 7(5) of that Act, for the words “subsection (1)” there shall be substituted the words “subsection (2)(c)”. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 In section 19 of that Act, after subsection (3), there shall be inserted the following subsection— (3A) Where an application is made for an order under section 6 of this Act by the party to the marriage who has agreed to make the financial provision specified in the application— (a) subsection (1) shall apply as if the reference in paragraph (i) to the respondent were a reference to the applicant and the references to the applicant were references to the respondent; and (b) subsections (2) and (3) shall apply accordingly. 25 In section 20(8) of that Act, after the word “respondent” there shall be inserted the words “or the applicant, as the case may be,”. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 In Schedule 1 to that Act— (a) in paragraph 2, after sub-paragraph (b), there shall be inserted the following sub-paragraph— (bb) on a complaint after the coming into force of paragraph 27 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to any provision of the order requiring the payment of money, shall have power to order that payments required to be made for the maintenance of a child of the family shall be made to the child himself. ; and (b) in paragraph 3, at the end, there shall be added the words “but as respects enactments amended by this Act in their application in relation to orders made or decisions on applications for orders or for the variation, revival or revocation of orders made or having effect as if made under other Acts those enactments shall apply as amended by this Act”. Land Registration (Scotland) Act 1979 (c. 33) 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County Courts Act 1984 (c. 28) 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 In section 41 of that Act there shall be added at the end of subsection (2) the words “but shall be exercised in relation to family proceedings (within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984) in accordance with any directions given under section 37 of that Act (directions as to distribution and transfer of family business and proceedings).” 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 2 Transitional Provisions

Section 46(2) Time restrictions on petitions for divorce 1 (1) Where at the coming into force of section 1 of this Act— (a) leave has been granted under section 3 of the Matrimonial Causes Act 1973 for the presentation of a petition for divorce or proceedings on an application for leave under that section are pending, and (b) the period of one year from the date of the marriage has not expired. nothing in section 1 of this Act shall prohibit the presentation of a petition for divorce before the expiration of that period; and in relation to such a case sections 1(4) and 3 of that Act of 1973 as in force immediately before the coming into force of section 1 of this Act shall continue to apply. (2) Where at the coming into force of section 1 of this Act— (a) proceedings on an application for leave under section 3 of the Matrimonial Causes Act 1973 are pending, and (b) the period of one year from the date of the marriage has expired, the proceedings shall abate but without prejudice to the powers of the court as to costs. Time restrictions on petitions for nullity 2 An application for leave under section 13(4) of the Matrimonial Causes Act 1973 to institute proceedings after the expiration of the period of three years from the date of the marriage may be made where that period expired before as well as where it expires after the coming into force of section 2 of this Act.

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SCHEDULE 3 Repeals

Section 46(3) Chapter | Short title | Extent of repeal 1967 c. 56. | Matrimonial Causes Act 1967. | The whole Act. 1971 c. 3. | Guardianship of Minors Act 1971. | Section 16(1). 1971 c. 23. | Courts Acts 1971. | Section 45. 1973 c. 18. | Matrimonial Causes Act 1973. | Section 43(9). Section 44(6). Section 45(3). Sections 50 and 51. In Schedule 2, paragraphs 6 and 12. 1973 c. 45. | Domicile and Matrimonial Proceedings Act 1973. | Section 6(4)(a). 1975 c. 72. | Children Act 1975. | Section 101(1). 1976 c. 36. | Adoption Act 1976. | Section 63(1). 1978 c. 22. | Domestic Proceedings and Magistrates’ Courts Act 1978. | In Schedule 2, paragraph 49. 1981 c. 24. | Matrimonial Homes and Property Act 1981. | Section 8(1). 1983 c. 19. | Matrimonial Homes Act 1983. | In Schedule 1, paragraph 8(3) and (4), and in paragraph 10(1), the definitions of “divorce county court” and “divorce registry”. 1984 c. 28. | County Courts Act 1984. | In section 147(1), the definition of “matrimonial cause”.

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