Family Law (Divorce) Act 1996

Variation, etc., of certain orders under this Part.

22

22. (1) This section applies to the following orders:

( a) a maintenance pending suit order,

( b) a periodical payments order,

( c) a secured periodical payments order,

( d) a lump sum order if and in so far as it provides for the payment of the lump sum concerned by instalments or requires the payment of any such instalments to be secured,

( e) an order under paragraph (b), (c) or (d) of section 14 (1) in so far as such application is not restricted or excluded pursuant to section 14 (2) ,

( f) an order under subparagraph (i) or ( ii) of section 15 (1) (a),

( g) a financial compensation order,

( h) an order under section 17 (2) insofar as such application is not restricted or excluded pursuant to section 17 (26) ,

( i) an order under this section.

(2) Subject to the provisions of this section and section 20 and to any restriction or exclusion pursuant to section 14 (2) or 17 (26) and without prejudice to section 16 (2) (d) , the court may, on application to it in that behalf—

( a) by either of the spouses concerned,

( b) in the case of the death of either of the spouses, by any other person who has, in the opinion of the court, a sufficient interest in the matter or by a person on behalf of a dependent member of the family concerned, or

( c) in the case of the remarriage of either of the spouses, by his or her spouse,

if it considers it proper to do so having regard to any change in the circumstances of the case and to any new evidence, by order vary or discharge an order to which this section applies, suspend any provision of such an order or any provision of such an order temporarily, revive the operation of such an order or provision so suspended, further vary an order previously varied under this section or further suspend or revive the operation of an order or provision previously suspended or revived under this section; and, without prejudice to the generality of the foregoing, an order under this section may require the divesting of any property vested in a person under or by virtue of an order to which this section applies.

(3) Without prejudice to the generality of section 12 or 13 , that part of an order to which this section applies which provides for the making of payments for the support of a dependent member of the family shall stand discharged if the member ceases to be a dependent member of the family by reason of his or her attainment of the age of 18 years or 23 years, as may be appropriate, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the member has for any reason ceased to be a dependent member of the family.

(4) The power of the court under subsection (2) to make an order varying, discharging or suspending an order referred to in subsection (1) (e) shall be subject to any restriction or exclusion specified in that order and shall (subject to the limitation aforesaid) be a power—

( a) to vary the settlement to which the order relates in any person’s favour or to extinguish or reduce any person’s interest under that settlement, and

( b) to make such supplemental provision (including a further property adjustment order or a lump sum order) as the court thinks appropriate in consequence of any variation, extinguishment or reduction made pursuant to paragraph (a),

and section 19 shall apply to a case where the court makes such an order as aforesaid under subsection (2) as it applies to a case where the court makes a property adjustment order with any necessary modifications.

(5) The court shall not make an order under subsection (2) in relation to an order referred to in subsection (1) (e) unless it appears to it that the order will not prejudice the interests of any person who—

( a) has acquired any right or interest in consequence of the order referred to in subsection (1) (e), and

( b) is not a party to the marriage concerned or a dependent member of the family concerned.

(6) This section shall apply, with any necessary modifications, to instruments executed pursuant to orders to which this section applies as it applies to those orders.

(7) Where the court makes an order under subsection (2) in relation to a property adjustment order relating to land, a copy of the order under subsection (2) certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1) ( h) of the Registration of Title Act, 1964, in a register maintained under that Act or be registered in the Registry of Deeds.

F21 [ (8) Where a property adjustment order lodged under section 14(4) and duly registered pursuant to section 69(1)( h ) of the Registration of Title Act 1964 is varied, discharged, suspended or revived by an order under subsection (2) and the second-mentioned order has been duly lodged for registration pursuant to subsection (7), the Property Registration Authority shall

( a ) amend or cancel the entry made in the register, pursuant to section 14(4), under the Registration of Title Act 1964 accordingly, or

( b ) note the position in the Registry of Deeds. ]

Annotations:

Amendments:

F21

Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 75(b), S.I. No. 274 of 2008.

Editorial Notes:

E20

Procedure for application for registration of an order of Court pursuant to section prescribed (1.05.2008) by Registration of Deeds Rules 2008 (S.I. No. 52 of 2008), rl. 14(2), in effect as per rl. 1.