MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 40



40.(1) Where

(a)a periodical payments or secured periodical payments order in favour of a
party to a marriage (hereafter in this section referred to as "a payments
order") has ceased to have effect by reason of the remarriage of that party,
and

(b)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,

(2) On an application under this Article 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 paragraph (1)(b) 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 Article may be made in proceedings in the High
Court for leave to enforce, or the enforcement of, payment of arrears under
the order in question, but when not made in such proceedings shall be made to
a county court; and accordingly references in this Article to the court are,
as the circumstances require, references to the High Court or a county court
(whether a divorce county court or not).

(4) The jurisdiction conferred on a county court by this Article shall be
exercisable notwithstanding that by reason of the amount claimed in the
application the jurisdiction would not but for this paragraph be exercisable
by a county court.

(5) An order under this Article 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.

(6) The collecting officer of a court of summary jurisdiction to whom any
payments under a payments order, or under an attachment of earnings order made
to secure payments under a payments order, are required to be made shall not
be liable

(a)for any act done by him in pursuance of the payments order after the date
on which the order ceased to have effect by reason of the remarriage of the
person entitled to payments under it; or

(b)for any act done by him after that date in accordance with any statutory
provision specifying how payments made to him in compliance with the
attachment of earnings order are to be dealt with,

(7) In this Article "collecting officer" means the officer mentioned in
section 95(2) of the Magistrates' Courts Act (Northern Ireland) 1964 or
section 15(2) of the Maintenance and Affiliation Orders Act (Northern Ireland)
1966.

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 40