23.—(1) This section applies to a marriage that has been dissolved, or as respects which the spouses have been legally separated, after the commencement of this section under the law of a country or jurisdiction other than the State, being a divorce or legal separation that is entitled to be recognised as valid in the State.

(2) (a) Subject to the provisions of this Part, the court may, in relation to a marriage to which this section applies, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family concerned, make any order under Part II (other than an order under section 6 or a maintenance pending suit order) (in this Act referred to as a relief order) that it could have made if the court had granted a decree of judicial separation in relation to the marriage.

(b) Part II shall apply and have effect in relation to relief orders and applications therefor as it applies and has effect in relation to orders under Part II and applications therefor with the modifications that—

(i) subsections (4) and (5) of section 8, section 10 (1) (c) and section 13 shall not apply in relation to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,

(ii) section 15 shall not apply in relation to a family home in which, following the dissolution of the marriage under such a law, either spouse, having remarried, ordinarily resides with his or her spouse, and

(iii) the modifications specified in paragraph (c) and any other necessary modifications.

(c) Section 16 shall apply in relation to a relief order subject to the modifications that—

(i) it shall be construed as including a requirement that the court should have regard to the duration of the marriage,

(ii) the reference in subsection (2) (k) to the forfeiture of the opportunity or possibility of acquiring any benefit shall be construed as a reference to such forfeiture by reason of the divorce or legal separation concerned, and

(iii) the reference in subsection (3) to proceedings shall be construed as a reference to the proceedings for the divorce concerned or, as the case may be, for the legal separation concerned.

(d) F32[Where a person] whose marriage has been dissolved in a country or jurisdiction other than the State has remarried F33[or registered in a civil partnership], the court may not make a relief order in favour F32[of that person] in relation to a previous marriage F32[of that person].

(3) (a) An application shall not be made to the court by a person for a relief order unless, prior to the application, the court, on application to it ex parte in that behalf by that person, has by order granted leave for the making of the first-mentioned application and the court shall not grant such leave unless it considers that there is a substantial ground for so doing and a requirement specified in section 27 is satisfied.

(b) The court may make the grant of leave under this subsection subject to such (if any) terms and conditions as it considers appropriate and specifies in its order.

(c) The court may grant leave under this subsection to a person notwithstanding that an order has been made by a court of a country or jurisdiction other than the State requiring the spouse concerned to make a payment or transfer property to the person.

(d) This subsection does not apply to an application for a relief order made pursuant to a request under section 14 of the Maintenance Act, 1994.

(4) In determining, for the purposes of this section, the financial resources of a spouse or a dependent member of the family in a case in which payments are required to be made or property is required to be transferred to the spouse or to the member by the other spouse under an order of a court of a country or jurisdiction other than the State or an agreement in writing, the court shall have regard to the extent to which the order or agreement has been complied with or, if payments are required to be made, or property is required to be transferred, after the date of the order made by virtue of this section under Part II, is likely to be complied with.

(5) The period specified in a periodical payments order made by virtue of this section under paragraph (a) or (b) of section 8 (1) shall begin not earlier than the date of the application for the order and shall end not later than the death of either of the spouses concerned or, if the order is made on or after the dissolution of the marriage, the remarriage F34[or registration in a civil partnership] of the spouse in whose favour the order was made.

(6) (a) Where, by virtue of this section, the court makes a periodical payments order or a secured periodical payments order on or after the dissolution of the marriage concerned, it may direct that the person in whose favour the order is made shall not apply for an order under section 18 extending the period specified in the order and, if the court so directs, such an order under section 18 shall not be made.

(b) Where, by virtue of this section, the court makes a periodical payments order or a secured periodical payments order in favour of a spouse other than on or after the dissolution of the marriage of the spouse and the marriage is dissolved subsequently, the order, if then in force, shall cease to have effect on the remarriage F35[or registration in a civil partnership] of that spouse, except as respects payments due under it on the date of the remarriage F35[or registration in a civil partnership].

(c) If, after the dissolution of a marriage to which this section applies, either of the spouses concerned remarries F36[or registers in a civil partnership], the court shall not, by reference to that dissolution, make by virtue of this section such an order as aforesaid, or a property adjustment order, in favour of that spouse.