(ORDERS FOR REPAYMENT IN CERTAIN CASES OF SUMS PAID AFTER CESSATION OF ORDER BY REASON OF REMARRIAGE)
In accordance with section 38 of the Matrimonial Causes Act 1973, where;
- A periodical payment or secured periodical payments order in favor of a party to a marriage (hereafter in this section referred to as ‘a payment order’) has ceased to have effect by reason of the remarriage of that party, and
- The person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of the remarriage in the mistaken belief that the order was still subsisting,
The person so liable or his or her personal representatives shall not be entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraph (a) and (b) above against the person entitled to payments under the order or her or his personal representatives, but may instead make an application against that person or her or his personal representatives under this section.
On an application under section 38, the court may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (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.