On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether in the case of a decree of divorce or of nullity of marriage, before or after the decree is made absolute), the court may make any one or more of the following orders, that is to say (per section 23 of the Matrimonial Causes Act 1973);
- An order that either party to the marriage shall make to the other such periodical payments for such term as may be specified in the order,
- An order that either party to the marriage shall secure to the other to the satisfaction of the court such periodical payments for such term as may be so specified,
- An order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified,
- An order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments for such term as may be so specified,
- An order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child to the satisfaction of the court such periodical payment for such term as may be so specified,
- An order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified.
The subject however in the case of an order under paragraphs d, e and f above, to the restrictions imposed by section 29(1) which stipulates that ‘no financial provision order or no order for a transfer of property shall be made in favour of a child who has attained the age of eighteen
The court may also subject to those restrictions stated above make any one or more of the orders mentioned in paragraphs d, e, and f above in the following cases;
- In any proceedings for divorce, nullity of marriage or judicial separation before granting a decree, and
- Where any such proceedings are dismissed after the beginning of the trial, either forthwith or within a reasonable period after dismissal.
Without prejudice to the generality of section 23(1)(c) (which states that an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified) of (f) (which states that an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified), the court shall make;
- An order that a party to a marriage shall pay a lump sum to the other party may be made for the purpose of enabling that other party to meet any liabilities or expenses reasonably incurred by him or her in maintaining himself or herself or any child of the family before making an application for an order in his or her favour,
- An order for the payment of a lump sum to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section in his favour to be met, and
- An order for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
The power of the court to make an order in favour of a child of the family shall be exercisable from time to time and where the court makes an order in favour of the child, it may from time to time and subject to the restrictions make a further order in his favour of any of the kinds of orders mentioned above.
Without prejudice of the power of the court to give a direction for the settlement of an instrument by conveyancing counsel, where an order is made under section 23(1) (a) (b) or (c) or after granting a decree of divorce or nullity of marriage, neither the order nor any settlement made in pursuance of the order shall take effect unless the decree has been made absolute.