DURATION OF CONTINUING FINANCIAL PROVISION ORDERS IN FAVOUR OF A PARTY TO THE MARRIAGE AND EFFECT OF REMARRIAGE
The term to be specified in a periodical payment or secured periodical payment order in favour of a party to a marriage shall be such term as the court thinks fit, subject to the following limits;
- In the case of a periodical payment order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the grant of a decree of divorce or nullity of marriage, the remarriage of the party in whose favour the order is made, and
- In the case of a secured periodical payment order, the term shall begin not earlier than the date of the making of an application for the order and shall be so defined as not to extend beyond the death or, where the order is made on or after the grant of such a decree, the remarriage of the party in whose favour the order is made.
Where a periodical payment or secured periodical payment order in favour of a party to a marriage is made otherwise than on or after the grant of a decree of divorce or nullity of marriage, and the marriage in question is subsequently dissolved or annulled but the order continues in force, the order shall notwithstanding anything in it, cease to have an effect on the remarriage of that party, except in relation to any arrears due under it on the date of the remarriage.
If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries, that party shall not be entitled to apply, by reference to the grant of that decree, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage.