MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 26



26.(1) On granting a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation or at any time thereafter (whether, in the case
of a decree of divorce or of nullity of marriage, before or after the decree
is made absolute), the court may make any one or more of the following orders,
that is to say

(a)an order that a party to the marriage shall transfer to the other party, to
any child of the family or to such person as may be specified in the order for
the benefit of such a child such property as may be so specified, being
property to which the first-mentioned party is entitled, either in possession
or reversion;

(b)an order that a settlement of such property as may be so specified, being
property to which a party to the marriage is so entitled, be made to the
satisfaction of the court for the benefit of the other party to the marriage
and of the children of the family or either or any of them;

(c)an order varying for the benefit of the parties to the marriage and of the
children of the family or either or any of them any ante-nuptial or
post-nuptial settlement (including such a settlement made by will or codicil)
made on the parties to the marriage;

(d)an order extinguishing or reducing the interest of either of the parties to
the marriage under any such settlement;

(2) The court may make an order under paragraph (1)(c) notwithstanding that
there are no children of the family.

(3) Without prejudice to the power to give a direction under Article 32 for
the settlement of an instrument by conveyancing counsel, where an order is
made under this Article on or after granting a decree of divorce or nullity of
marriage, neither the order nor any settlement made in pursuance of the order
shall take effect unless the decree has been made absolute.

(4) Where the court makes an order under any provision of paragraph (1) it may
give such consequential directions as it thinks fit for giving effect to the
order (including directions requiring the making of any payments or the
disposal of any property).

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 26