Either party to a marriage may apply to the court for an order under section 27 (1) of the Matrimonial Causes Act 1973 on the ground that the other party to the marriage as per this section referred to as the respondent;
- Being the husband has willfully neglected;
- To provide reasonable maintenance for the applicant, or
- To provide, or to make a proper contribution towards, reasonable maintenance for any child of the family to whom as per this section,
- Being the wife has willfully neglected to provide, or to make a proper contribution towards, reasonable maintenance;
- For the applicant in a case where, by reason of the impairment of the applicant’s earning capacity through age, illness or disability of mind or body, and having regard to any resources of the applicant and the respondent respectively which are, or should properly be made, available for the purpose, it is reasonable in all the circumstances to expect the respondent so to provide or contribute, or
- For any child of the family to whom this section applies.
The court shall not entertain an application under section 27 of the Matrimonial Causes Act 1973 unless it would have jurisdiction to entertain proceedings by the applicant for judicial separation.
Section 27 applies to any child of the family for whose maintenance it is reasonable in all the circumstances to expect the respondent to provide or towards whose maintenance it is reasonable in all the circumstances to expect the respondent to make a proper contribution.
Where the child of the family to whom the application relates to is not the child of the respondent, then the courts in deciding;
- Whether the respondent has been guilty of willful neglect to provide, or to make a proper contribution towards reasonable maintenance for the child, and
- What order, if any, to make under section 27 in favour of the child,
The court will have regard to the matters under section 25(3) of the Matrimonial Causes Act 1973 which states as follows;
- To whether that party had assumed any responsibility for the child’s maintenance and, if so, to the extent to which, and the basis upon which, that party assumed such responsibility and to the length of time for which that party discharged such responsibility,
- To whether in assuming and discharging such responsibility that party did so knowing that the child was not his or her own,
- To the liability of any other person to maintain the child.
Cases where the Applicant or child of the family is in need of urgent financial assistance
Where on an application under section 27, it appears to the court that the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application, the court may make an interim order for maintenance, that is to say, an order requiring the respondent to make to the applicant until the determination of the application such periodical payments as the court thinks reasonable.
Where on an application under Section 27, the applicant satisfies the court of any ground mentioned in subsection (1) above, the court may make such one or more of the following orders as it think just;
- An order that the respondent shall make to the applicant such periodical payments, for such term as may be specified in the order,
- An order that the respondent shall secure to the applicant, to the satisfaction of the court, such periodical payments for such term as may be so specified,
- An order that the respondent shall pay to the applicant such lump sum as may be so specified,
- An order that the respondent shall make to such person as may be specified in the order for the benefit of the child to whom the application relates, or to that child, such periodical payments, for such term as may be so specified,
- An order that the respondent shall secure to such person as may be so specified for the benefit of that child, or to that child, to the satisfaction of the court, such periodical payments, for such term as may be so specified,
- An order that the respondent shall pay to such person as may be so specified for the benefit of that child, or to that child, such lump sum as may be so specified,
Subject however in the case of an order under paragraph (d), (e) or (f) above, to the restrictions imposed by section 29 (1) and (3) of the Matrimonial Causes Act 1973 on the making of financial provision orders in favour of children who have attained the age of 18.
Without prejudice to the generality of subsection 6(c) or (f) above, an order under this section for the payment of a lump sum;
- May be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met,
- May provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
For the purpose of proceedings on an application under this section, adultery which has been condoned shall not be capable of being revived and any presumption of condonation which arises from the continuance or resumption of marital intercourse may be rebutted by evidence sufficient to negate the necessary intent.